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HomeMy WebLinkAboutOrdinance 470 .r ORDINANCE NO.t AN ORDINANCE amending Sections 1, 2 and 5 of Ordi- nance No. 448, entitled "An ordinance defining a'motor bus; ' providing that it shall be necessary to take out a special li- cense for.the operation of the same and the provisions under which a special license may be issued; regulating the running of motor busses Within the city limits of the City of Fort Worth; providing a penalty for the unlawful operation thereof, and declaring the unrestricted operation of said motor busses to be a nuisance and unlawful; and providing a penalty for vio- lation of wV provision hereof; Ling each day's violation a separate offense; declaring the operation of a motor bus on the streets of the City of Fort Worth otherwise than in accordance with the provisions of Ordinance 448 as amended by this ordinance a nuisance and unlawful; providing for forfeiture of license in certain cases; providing for the pro-rats, refund of motor bus license fees in certain oases, and declaring this ordinance to be a measure necessary for the immediate preservation of the public safety. Be it ordained, by the Board of Commissioners of the City of Fort Worth; Section 1. That Sections 1, 2 and 5 of Ordinance 448 passed and adopted by the Board of Commissioners of the City of Fort Worth, February 15th, 1915. be and the same are hereby amend- ed so as to hereafter read as follows: "Sec.l. Unless it appears from the context that a different meaning is intended the following words shall have the meaning attached" to them by this section: "(a) The word 'street ' shall mean and include any street, alley, avenue, lane, public place or highway (2) within the city limits of the City of Fort Worth. "(b) The words 'motor bus' shall mean and include any automobile, automobile truck or trackless motor vehic- le engaged in the business of carrying passengers for hire within the city limits of the City of Fort Worth, which is held out or announced by sign, voice, writing, device or advertisement to operate or run, or which is intended to be operated or run, over a particular street or route or to any particular or designated point, or between particular points, or to or within any designated territory, district or zone. "Any person operating an automobile, automobile track, or trackless motor vehicle on the donation plan, or any person operating such a vehicle who shall receive money or anything of value from any person transported by 7aim, or any person operating such a vehicle who shall keep or carry on or about the same any bog or receptacle into which any person carried by such operator of any such motor vehicle can or may donate or deposit any money or anything of val- ue, or keep, use or put in operation any other or similar scheme, device, or subterfuge designed to receive money or anything of value from any person carried on any such motor vehicle shall be held to be "carrying passengers for hire" within the meaning of this subdivision of this seo- tion. "(o) The word 'person' shall include both sing- ular and plural, and shall mean and embrace any person, firm, oorper ation, association, partnership or society. " "Sec.2. No person shall run or operate or cause to be run or operated a motor bus within the city limits of the City of Fort .Forth, without first obtaining a license therefor; and no license certificate shall be issued until (3) and unless the person so desiring to operate such mo- tor bus shall file with the City Secretary of the City of Fort Worth, an application in writing for a license; which said application shall state: "(a) The type of motor car to be used as such motor bus. "(b) The horsepower thereof. "(c) The factory number thereof. "(d) The county license number thereof. "(e) The seating capacity thereof, according to its trade rating. If the motor oar has been adapted for use as a bus, either by converting a freight carry- ing truck into a passenger carrying vehicle, or by re- constructing, modifying or adding to the body or seat- ing arrangements of a passenger carrying motor car, a statement of its seating capacity as adapted, and the meth- ods and materials used in such adaptation shall be added. "(f) The name and age of each of the persons to be in immediate charge thereof as- driver; and whether or not such person or persons to be in immediate charge as driver of such motor bus uses drugs, or intoxicating liquor, or has been convicted of violating any traffic ordinance of the City of Fort North. "(g) The terminii between which such motor bus is to be operated and the street or streets over which such motor bus is to be run, both going and returning. "The City Secretary of Fort Worth shall refer such t application to the Board of Commissioners of the City of Fort Worth, at its next regular meeting. The Commission may after consideration thereof grant such application for licenm (4) as filed, or grant the same in modified form, or if any such person designated in Subdivision (f) of this section be not qualified as to age, eraerience, 'k-.. or otherwise, or be in the opinion of the Commissioners, an unfit person to operate such motor bus, or if the motor car described in the application shall be, in the opinion of the Board of Commissioners unsafe, or if in the opinion of the Board of Commissioners the operation of the particular motor bus over the route designated by reason of existing traffic conditions would be dangerous or hazardous to public safety, or if said application be not in compliance with the provis- ions of this ordinance, said application shall be refused. "No license shall be granted to any person whom- soever for the operation of a motor bus within the limits of the City of Fort Worth except upon condition that the applicant for such license shall enter into a bond, in the sum of Two-thousand-five-hundred ($2,5 00.00) dollars, pay- able to the Mayor of the City of Fort Worth, executed by the person in whose name the license is sought as principal, and a solvent surety corporation, incorporated under the laws of the State of Texas, or with permit to do business In this State, authorized to execute such a bond as surety, or by two or more solvent individuals as sureties; which said bond shall be conditioned that the principal shall pay all legal damages for injMP'y U'"drt�t of, and all legal damages for injuries sustained by, any person, including injuries resulting in death, on account of the negligence or willful act of the owner or operator of such motor bus, or of any agent, representative or servant of such owner or operator, in the operation thereof, accruing, occurin g (b) or occasioned during the period for which such license is issued. And said bond shall further provide that suit may be brought thereon by any person damaged, in his own name, against the principal and his sureties in the same action . "Such bond shall be conditioned to be a continuing obligation, and successive recoveries may be had thereon until the entire amount thereof shall have been exhausted; provided the sureties of any licensee shall never be required to pay more than the penal sum of such bond. /"Ho individual shall be accepted as surety on any smoh bond unless and until such surety shall have filed with the City Secretary of the City of Fort forth, a sworn schedule of the property owned by him, and his: exemptians ani liabilities. The existence of such bond shall not, in any suit or action, against the owner or operator of any motor bus, qualify or limit his legal liability; and this ordi- nance shall enter into ant form a part of any bond executed and filed hereunder, the same as if fully written therein. "The bond above provided for shall be by said appli- cant filed with the City Secretary, and shall by him be re- ferred to the Beard of Commissioners at their next regular meeting, together with the affidavits of the personal sure- ties, if signed by individual sureties, and shall thereupon, or at some later meeting, be considered by the Board of Commissioners; and if said bond shall be found by the Board of Commissioners to be in form as required by this ordinance, with solvent ant sufficient sureties, it shall approve said 10 (6) bond, otherwise it shall disapprove the samel` If such bond be disapproved, the applicant for license shall have the right, within ten (10) days, to submit a new bond, with other sureties, or proper in form, as the case may be,which shall likewise be filed with the City Secretary, referred to the Board of Commissioners by him, and by them considgred and approved, or disapproved, in the same manner as if such bond had been originally presented by such applicant. "Upon the approval of the bond above provided for by the Board of Commissioners, the City Secretary shall cer- tify such approval on the same, and if the application for license shall have been granted, the City Secretary shall certify such action on the application, and the applicant shall file the same together with a receipt, if such bond be made by a surety or indemnity corporation, showing the premium on such bond, to have been paid in fuA for the term for which the license is desired to be issued, with the City Assessor and Collector, who shall upon payment of the required license fee, issue a license to such applicant to operate the motor bus designated in the application for the time, and over the route, and between the terminii named in the order of the Board of Commissioners granting the li- cense; such bond, application, and premium receipt shall re- main on file with said City Assessor and Collector. "The Purety or sureties on any bond executed under the provisions of this ordinance may withdraw therefrom by giving written notice of such intention to the Mayor of the City of Fort Worth, and future liability on such bond shall terminate at the expiration of twenty-four (24) hours from e (7) the service of such written notice as above provided for; provided, however, that future liability shall not terminate until such surety or sureties shall have returned or tender- ed)to the principal of such bond the unearned portion of the premium charged therefor. Upon the termination of future liability of surety or sureties as above provided for, the principal in said bond shall have eight (8) days after such release of surety within which to execute, file and have ap- proved. a new bond conditioned as required in this ordinancq otherwise the license of such principal shall be and become cancelled and revoked, and the unexpired portion of such license fee shall be refunded to such licensee by the City of Fort Worth. "The Board of Commissioners may require a new bond or additional bond from any licensee whenever the bond there- tofore approved, or the sureties thereon, are by the Board deemed insufficient, or when such bond shall have been de- creased in amount by recoveries thereon. And such new or additional bond shall in all respects comply with the provis- ions of this ordinance and shall be filed by such licensee within eight (8) days after the adoption of any resolution by the Board of Commissioners requiring such new or addition- al bond, and the service of notice of such resolution or action of the Board of Commissioners upon such licensee; and same shall, before filing, be presented to and approved by the Board of Commissioners. "The Corporation Counsel subject to the approval of the Board of Commissioners, shall prepare a form of appli- cation for license, schedules for personal sureties, and bond, •� w (S) required by the terms of this ordinance; and the Parohasing Agent of the City shall have a sufficient number of such forms printed, to be furnished free by the City Assessor and Collector, to all applicants. "The terminii or route designated in any license issued under the provisions of this ordinance may after the issuance of such license be altered or changed in the dis- cretion of the Board of Commissioners by order of the Board of Commissioners at any regular meeting, upon application of the person holding such license, for which change a fee of fifty (50) cents shall be charged and collected. "Sec. 5. It shall be unlawful; "(a) To drive or operate, or cause to be driven or operated, any motor bus upon or along any street, unless there is in force and effect a valid license, as prescribed in this ordinance, for the operation of such motor bus. "(b) To stop any motor bus, or to permit any mo- tor bus to remain standing upon any street for the purpose of loading or unloading passengers, except same be brought as near as possible to the right hand curb of said street. "(o) To drive or operate a motor bus without the city license number thereof displayed in figures not less than three inches in height permanently painted on or at- tached to the body or appurtenances of the body on both the front and rear of said motor bus, and on the rear painted the word 'bus'. "(d) To drive or operate any motor bus without having permanently displayed upon same and permanently at- tached to same a sign or painting showing both the desti- nation and the route of same in accordance with the provis- � r (9) ions of the license covering same. "(e) To drive or operate any motor bus while any person is standing or sitting upon any running board, 4MW or fender thereof, or while azW person is riding on such motor bus outside the body thereof. It shall also be unlawful for any person to stand or sit upon any fender, or running board of any motor bus, or occupy any portion of such motor bus outside the body thereof while such motor bus is in op- eration; or for 'more than one passenger to ride in the front seat. "(f) To drive or operate a motor buss upon any street in the City of Fort Worth, unless, and until the owner thereof, or the person in whose name the license or permit is sought or issued, shall have procured and deposited with the City Assessor and Collector of the City of Fort Worth, a bond conditioned, signed and approved, as hereinbefore provided. "Or to drive or operate a motor bus upon any street of the City of Fort Worth after the expiration of eight (8) days from the service of notice of the passage of a resolu- tion by the Board of Commissioners requiring a new or addi- tional bond without having given such new or additional bond as hereinbefore provided. Or to drive or operate a motor bus upon any street of the City of Port Worth after the expira- tion of eight (8) days from the release of surety or sureties on the bond of the licensee of such motor bus without havire` given a new bond as in such case hereinbefore provided. "(g) To fail, refuse or neglect to operate a motor bus between the terminii designated in the license for a period of not less than twelve (12) consecutive hours out (10) of every twenty-four (24) hours, except on Sundays, and a reasonable time for going to and from meals, and in case of accidents, breakdowns or other casualties, or upon the sur- render of said license; or to operate, or permit to be oper- ated any motor bus off of, or away from, the route stated and fixed in the license for the operation of such bus, except in case of unavoidable emergency. "(h) To race with any other motor bus or to drive rapidly to pass one in order to be first to any prospective passenger or to any one waiting for a motor bus or other con- veyanoe. "(i) To operate any motor bus at a greater rate of speed than twelve (12) miles per hour in the business section of the City of Fort north, or eighteen (18) miles per hour in the residence section thereof. "(J) To reconstruct, materially alter, modify or add to the body or seating arrangements of any motor bus, after the license thereof is issued without first applying for and receiving the consent of the Board of Commissioners. "(k) To run any motor bus, with the top up, be- tween sundown and sunup, unless the same is equipped with a light or lights which shall be kept burning so as to well light both the front and rear seats of said bus." Sec.2. The holding or adjudication of any section, or Subdivision of any Segtien, or any paXt of any Subdivision of a r Section of this ordinance to be invalid, shall not affect the val- idity of any other Section, Subdivision of a Section, or part of a Subdivision of a Section thereof, but all other Sections, Sub- divisions of sections, and parts of Subdivisions of Sections shall be and remain in fall force and effect. (11) sea. 3. The operation of any motor bus otherwise than as provided in said Ordinance 448, as amended by this ordinance, is hereby declared a nuisance and menace to public safety and un- lawful. Sec. 4. Each and every day's violation of this ordi- nance shall constitute a separate offense. Sao. 5. Any person who shall violate any provision of this ordinance shall• be lgailty of misdemeanor., and upon con- viction thereof, shall be punished by a fine not exceeding two hundred-dollars ($200.00). Sea. 6. In case of the conviction of the owner or oper- ator of any motor bus of the violation' of any of the provisions of this ordinance, it shall be the duty of the Commissioner of Fire and Police to rgport such conviction to the Board of City Com- missioners, together with his recommendation. The Commission shall consider and act upon said recommendation and may revoke or sus- pend such license if it deems proper. Soo. 7. Any person holding a license to operate a mo- tor bus under the provisions of Ordinance 448, of which this is an amendment, shall have ten days from and after the last day of publication hereof, within which to execute, file and have the Board of Commissioners approve the bond provided for herein, and upon approval and filing of a bond as provided herein, shall there- upon have the right to continue the operation of a motor bus along the route and for the period of time designated in such license. Any person operating a motor bus th the City of Fort Worth under the provisions of said Ordinance 448, who shall within fifteen (15) days from the date this ordinance becomes effective, file an affidavit with the City Assessor and Collector of the City of Fort Worth, stating that he has elected to retire from such bus- iness because of the adoption of this ordinance, shall be entitled to a refund of such pro-rata part of the license fee heretofore paid by him as the period of operation thereunder shall bear to the period for which such license was issued. Seo.8. All provisions of Ordinance 448, inconsistent with the provisions of this ordinance are hereby repealed; pro- vided that if any part of this ordinance should be held invalid, such portion of Ordinance 448 as may be inconsistent with such invalid provision shall not be held to be l�egealed or affected hereby. Seo.9. This ordinance is and is hereby declared to be an urgency measure necessary in the ordinary course of the City's affairs, and a measure necessary for the immediate 1reser- nation of the public peace, health and safety of the citizens of the City of Fort .',orth. and shall be in force and 1.4 effect from and after its passage and five (b) days' publication. Approved as to form and validity. Corporation Connse]. hereby certify that the above and foregoing Ordinance was duly presented and nanimously passed and adopted by the Board of Commissioners of the City of Fort orGh, Texas, at s session of said Board held Tuesda June late A 1915 City ecretary.�