HomeMy WebLinkAboutOrdinance 2002 ORDINANCE N0. 2002
AN ORDINANCE ANENDING ORDINANCS NO
2001; GRANTING A PRIVILM, RIGHT AND
FRANCHISE FOR THE OPERATION OF MOTOR
13USES OR OM IBUSES UPON THE STREETS
OF THE CITY OF FORT 1POR'!H, TEXAS TO
TOSEPB ELDRTnr= AND C. E. MIYMDIL-T,
HEREINAFTER TO BE INCORPORATED AND
KNOW9 AS THE FORT WORTH BUS CONPANY;
AND PROVIDING THE RATES TO BE CHARGED
AND THE TERMS AND CONDITIONS UNDER MICE
SUCH BUSIES ARE TO BE OPERATED; AND PRO-
VIDING CONDITIONS OF FORFEITURE.
WHEREAS, under the provisions of Section 5, Chapter 27 of the Charter
of the City of Fort Worth, and after a hearing duly and regularly }geld, the
City Council finds that a necessity and convenience exists for the granting
of a privilege to some reliable person, firm or corporation to operate motor
buses for hire on the streets of the City of Fort Worth at rates not to exceed
five cents (59() for adult persons and half-fare for children of twelve (12)
years or less; and,
WMWdM, proposals have been submitted by reliable persons and firma
for such privilege, right and franchise to operate motor buses on the public
streets of said city, and they have agreed, in consideration of such grant,
that they will operate such motor buses on the streets and thoroughfares of
said city upon each of the terms and conditions hereinafter not out, all of
which are agreed to by them, with full knowledge that the City Of Fort Worth
cannot under the Constitution and laws of the State of Texas grant to them an
exclusive franchise and cannot under the law waive or surrender its power to
reduce rates, NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF TEES CITY OF FORT WORTH, TEXAS:
That Ordinance No. 2001 be and the same is hereby amended to hereafter
read as follows:
SECTION I*
That in consideration of the acceptance by Joseph Eldridge and C. E.
Mitchell of the terms and conditions hereinafter not forth and their agreement
to abide by and conform to all the provisions, conditions, terms, requirements
and limitations hereof, a privilege, right and franchise is hereby granted to
the said Joseph Eldridge and b. E. Mitchell, and their successors and assigns,
to maintain and operate in, upon, along and across the public streets and thor-
oughfares of said city, as more particularly hereafter described, motor buses
for the accommodation and transportation of passengers for hire, and in connec-
tion therewith to make all necessary or convenient stops for the receiving and
discharging of passengers at such places as may be reasonable or may be desig-
nated from time to time by the City Counoil. The said City Council agrees to
zone off and designate ban zones for the safe loading and unloading of passen-
gers and to pass an ordinance creating such zones and to strictly enforce same.
SECTION 2#
The said Joseph Eldridge and C. E. Mitchell by the acceptance of the
terms and conditions of this ordinance agree that they will during the term
of this privilege, right and franchise operate motor buses along the streets
and thoroughfares designated as herein elsewhere shown, unless permission to
ohenge such routes is granted by the City Council. It is further agreed that
the said buses will be operated upon a schedule calling for at least one bus
eaoh way at least every fifteen minutes during the hours from six otelook in
the morning until eleven otolook at night, unless permission to change said
schedule in granted by the City Council; off-schedule cars to be operated at
midnight and five otolook A. Me
SECTION 3*
The term of this privilege, right and franchise shall be twenty-five
(25) years from and after its effective date*
SLCTION 4•
In addition to the above, the following terms, provisions, oonditions
and agreements must be and are oonsented to herewith and agreed to by Toseph
8ldridge and Co S. Mitchell as the consideration which they give for the grant
of the franchise and privilege to these:
(a) The fare to be charged for transportation of passen-
gers on said buses shall not exceed five cents (5Q) for
each adult passenger and ball?are for children twelve
(12) years of age and less. Children under five (5) years
of age not occupying seats shall be carried free. For
such fare, each passenger shall be entitled to one oon-
tinuous trip in one general direction along the granteeat
usual route or routes from any point therein, either by
direct routes or by means of a transfer to and including
any point within the City of Fort Worth, Tezase
(b) The grantees shall furnish free transportation for all
employees of the Police Department of the City of Fort Worth,
Texas, either in uniform or not, all of which shall be regu-
larly employed, and are on the payroll of the City of Fort
Worth, Texas; all members of the Fire Department shall be
furnished free transportation to and from their stations where
regularly employed*
(c) Grantees agree that they will pay to their employees the
following wage scale for the first two years, and not less
than the amounts shown opposite the classes named:
Operators - Beginners 44W per hour
Operators - After one year 50gi per hour
Skilled labor 500 per hour
Semi-skilled labor 44 per hour
Common labor 38or per hour
(d) Grantees agree to maintain a general office in the City
of Fort Worth and maintain adequate repair shops and storage
bern within the corporate limits of the City of Fort North.
(e) The accounts of the company shall be kept in accordance
with a nationally recognized system of accounts separate from
any other operations of the company. Said company shall file
with the Utilities Engineer of the City of Fort Worth a quarterly
statement showing a balance sheet, operating statement, a de-
tailed statement of additions and retirements, and a statement
showing passengers carried and bus miles operated*
(f) It is contemplated and agreed that this privilege, right
and franchise may be transferred and assigned to a oorporation
duly incorporated under the laws of the State of Texas as an
operating company separate and distinct and in no way affiliated
with any other corporations or holding companies, and no further
transfers or assignments shall be made without the written oon-
sent of the City council*
(g) The grantees shall at all times carry liability insurance
for the protection of their passengers and for the protection
of the public. The minimum amount of such insurance in force
at all times shall be the sum of $5,000.00 to cover damages to
property, the sum of $10,000.00 to cover injury to any one per-
son, and the sum of $20,000.00 to cover injuries to one or more
persons in any one accident*
(h) During the term of this privilege, right and franchise the
grantees, their successors and assigns, will pay to the City of
Port Worth annually an amount equal to two per cent of the gross
Income realized from the operation of such buses, and the City,
of Fort Worth shall have access to all books and records of the
company, at reasonable times, for the purpose of ascertaining
the amounts due as provided for heroin* Said two per cent gross
receipts tax is to be paid in lieu of saaement and all other
ad valorem assessments or lioanae taxes for the use of said
streets, and shall be paid in addition to ad valorem taxes leTled
and assessed against the physical property of grantees*
(i) This franchise, right and privilege is granted upon the fur-
ther condition that the City of Fort Worth shall have the right
to purchase the property operated hereunder at any time after
ten years subsequent to its date hereof at the actual replace-
ment value of said property, less depreciation, the replacement
value to be determined in case of disagreement between the city
and the owner of the property by arbitration as provided by the
statutes of the State of Texas•
SECTION 50
Nothing herein shall restrict the right or power of the city to adopt
and enforce suitable regulations or ordinances, or otherwise, governing the
qualifications of drivers, the brakes and the lights on the buses, and any
other measure which it may doom necessary or advisable for the safety, comfort
and convenience of the passengers cad of the public. The City of Port Worth
agrees to pass and enforce ordinances regulating other motor vehicles for hire
of all nature and description, prohibiting such vehicles for hire from oruiaing
routes over and upon which motor buses of Toseph Eldridge and C. E. Mitchell
operate, and further providing that all other companies engaging in the busio
nos$ of handling mass transportation shall be subject to the same regulations
as imposed upon the grantees under this section. In the event such regulations
as are provided in this section are not imposed upon other operating companies
•
then grantees, after due hearing, shall be relieved of compliance with such
regulations*
SECTION 60
The grantees shall begin operations upon all routes hereinafter set
forth and shown in the diagram hereto attached marked Exhibit *1* as soon as
praoticable after the effective date of this ordinance and in no event more
than one hundred fifty (150) days after such date, and failure to do so shall
be deemed and considered an abandonment of the rights herein granted, in which
event the City Council may at its discretion, upon thirty (30) days* written
notice to the grantees herein, declare this privilege, right and franchise for-
feited, and the grantees shall promptly remove their equipment from the streets
and thoroughfares; and further conditioned that the grantees shall as soon as
practicable thereafter, and in no event more than two hundred (200) days from
and after the data of the commencement of operation of buses on routes as
shown in Exhibit *A", begin operation upon all routes as shown in the diagram
hereto attached and marked Exhibit *B*. In the event any delay in the manufac-
ture and delivery of the equipment should result from strikes, floods or acts
of God, or is the event operations are prevented by court proceedings, grantees
will be granted an extension of time until such conditions are relieved, be-
come normal and cease to exist.
SECTION 7e
It is hereby stipulated and understood that the grantees shall in no
event be relieved from their obligation on any of the routes designated in Ex-
hibit *B* as hereinbefore provided unless it is shown to the City Council that
service is rendered on any of such routes in all respect& similar to that pro-
posed to be rendered by grantees at the same rates provided for in this ordi-
nance; otherwise, service must be rendered by the grantees on each and all of
said routes strictly under the terms, provisions and limitetione herein pro-
vided.
SECTION 8.
It is agreed and expressly understood by all parties affected by
this ordinanoe that in the event the grantees or their successors or assigns
should attempt to increase any of the rates stipulated in this ordinance, all
rights and privileges herein granted shall in the discretion of the City Coun-
cil, upon fifteen (15) dayst written notice, be forfeited, and the grantees
shall imaediately remove all of their equipment from the streets and cease all
further operations.
SECTION 9.
It is understood and agreed that the rights and privileges hereby
granted are subject to the existing Charter and ordinances of the City of
Fort Borth and the laws and Constitution of the State of Texas.
SECTION 10•
Go
The grantees agree that within (da) days after the acceptance
of the above franchise, privilege and right they will execute and deliver to
grantor a good and sufficient performance bond, signed by a reliable surety
company, in the principal sum of Twenty-five Thousand Dollars ($25,000.00),
or in lien of such surety bond will deposit with the City of Port worth Twenty-
five Thousand Dollars ($25,000.00) in cash or Twenty-five Thousand Dollars
($25,000.00) in bonds approved and accepted by the city, conditioned that the
grantees will begin the operation of the buses in accordance with the pro-
visions of said franchise, privilege and right and at the time therein speci-
fied. It is oontemplated between the parties that should there be a failure
on the part of the grantees to begin operations at the time stipulated,
grantor will sustain a substantial loss, and it is agreed between the par-
ties that the principal sum of this bond is a fair and reasonable estimate
of such loss and that such amount shall constitute liquidated damages and
shall not be construed as a penalty.
MOTION 11.
If any section, subsection, sentence, clause or phrase of this ordi-
naaoe is for any reason held to be unconstitutional or invalid, such decision
shall not affect the validity of the remaining portions of this ordinance.
The City Council hereby declares that it would have passed this ordinance and
each valid section, subsection, sentence, clause and phrase thereof even if
It had known that any one or more sections, subsections, sentences, clauses
or phrases would be declared unconstitutional and Invalid*
SECTION 1E.
This franchise, privilege or right shall become effective and be bind-
ing upon the grantees and the City of Fort Worth after its acceptance and pab-
lication as provided by the Charter of the City of Fort Worth*
PASSED AND APPROYSD THIS HAY OF A. Dip 1838•
APPROVIM AS TO FORM AND LEGALITY:
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-- —City ittosasy
PROPOSED BUS ROUTES
(1) So. Summit-Oakhurst
On Townsend from Butler to Cleburne Road; on Cleburne Road to Berry
Street; on Berry to Fairmount; on Fairmount to Morgan; on Morgan to Eighth
Avenue; on Eighth Avenue to Pennsylvania; on Pennsylvania to Ballinger; on Bal-
linger to West Lancaster; on West Lancaster to Henderson; on Henderson to
Texas; on Texas to Burnett; on Barnett to Tenth; on Tenth to Houston; on Hous-
ton to Weatherford; on Weatherford to Commerce; on Commerce to Belknap; on
East Belknap to Sylvania; on Sylvania to Twenty-eighth Street. Return trips
north of Court House on Belknap and west of Court House on Houston*
(2) Arlington Heighte-Polyteohnic
On Pershing to Hervie; on Hervis to Birobman; on Birobman to Prevost
(loop); on Prevost to Byers; on Byers to Camp Bowie Blvd•; on Camp Bowie Blvd*
to West Seventh; on West Seventh to West Sixth; on Sixth to Cwmaeros; on Com-
merce to East Lancaster; on East Lancaster to Boaz; on Boaz to Vickery Blvd.;
on Vickery Blvd* to Nashville; on Nashville to East Rosedale; on East Rosedale
to Bishop; on Bishop to Avenue T; on Avenue T to Byers; on Byers to Avenue H;
on Avenue H to Miller; on Miller to Avenue T (loop)• Return same route•
(3) Riveroreet Riverside
On Dorothy Lane from West Seventh to West Fourth; pn West Fourth to
Weatview; on Weatview to Went Seventh; on West Seventh to Washington Terrace;
on Washington Terrace to Mattison; on Mattison to Virginia Place; on Virginia
Place to hest Seventh (loop); on West Seventh to Penn Street; on Penn to Weather-
ford; on Weatherford to Throckmorton; on Throokmorton to Third; on Third to
Harding; on Harding to East 8ourth to bray; on Prey to 7Uooa. Return same
route.
(4) Hemphill Seminary-Rosen Heights
On Gambrell from Santa Fe tracks to Hemphill; on Hemphill to Magnolia;
on Magnolia to South Main; on South Main to Lancaster; on Main to Weatherford;
on Weatherford to Commerce; on Commerce to North Main; on North Main to Twenty-
fifth Street; on Twenty-fifth Street to Azle Road; on Azle Road to Rook Island*
Return trip; Went of Court House on Houston and south of Court House on Weather-
ford to Main.
(5) T. C. U. - Central Avenue
On University Drive from Benbrook Blvd. to Cantey; on Cantey to Waits;
on Waits to Park Hill Drive; on Park Hill Drive to Forest Park Blvd*; on Forest
Park Blvd. to Park Place; on Park Place to Jerome; on Jerome to Mistletoe Blvd*;
on Mistletoe Blvd. to Bighth Avenue; on Bighth Avenue to Magnolia; on Magnolia
to South gain; on South Main to Lancaster; on Main to Weatherford; on Weather-
ford to Commerce; on Commerce to North Main; on North Main to Central Avenue;
on Central Avenue to Homan; on Homan to Park Avenue; on Park Avenue to Belmont;
on Belmont; on Twentieth to Hagan; on Hagan to Twenty-first; on Twenty-first
to Lincoln; on Lincoln to Central Avenue (loop). Return trip: West of Court
House on Houston and south of Court House on Weatherford to Main.
(8) Glen Garden, Rosedale-Diamond Hill
On Bowan Springs Road from Reed to Nolan; on Nolan to Knox; on Knox
to Wichita; on Wichita to Bowman Springs Road (loop); on Bowman Springs Road
to Vaughn; on Vaughn to Rosedale; on Rosedale to South Main; on South Main to
Lancaster; on Main to Weatherford; on Weatherford; on Weatherford to Commerce;
on Comneroe to North Main; on North Main to Thirty-third Street; on Thirty-
third Street to Decatur Road; on Decatur Road to Dewey; on Dewey to Hutchinson;
on Hutchinson to Twenty-eighth Street; on Twenty-eighth Street to North Main
(loop)* Return trips West of Court House on Houston and south of Court House
on Weatherford to Maine
(7) Como, El Campo-Third Ward
On Merrick from Camp Howie Blvda to Houghton; on Houghton to Prevost;
on Prevost to Bunnell; on Bonnell to Horne; on Horne to Camp Howie; on Camp
Bowie to Merrick (loop); on Camp Bowie to E1 Campo; on El Campo to Clover Lane;
on Clover Lane to Camp Howie; on Camp Bowie and West Seventh to West Sixth; on
Sixth to Commerce; on Commerce to Ninth; on Ninth to Harding; on Harding to
Fifteenth; on Fifteenth to Crump; on Crump to Lancaster; on Lancaster to Terry;
on Terry to Nineteenth; on Nineteenth to Crump (loop). Return trips Sams
route*
(8) Samuels Avenue-3ycamore Heights Lancaster
on Samuels Avenue from Poindexter to Pecan; on Pecan to Elm; on Elm
to Belknap; on Belknap to Commerce; on Commerce to Weatherford; on Weatherford
to Main; on Main to Lancaster; on East Lancaster to Purrington; on PurriAgton
to Ayers; on Ayers to Meadowbrook Drive; on Meadowbrook Drive to Sdgewood Ter-
race; on Edgewood Terrace to Norma; on Norma to Tierney Road; on Tierney Road
to East Lancaster; on East Lancaster to mere; on Ayers to Purrington (loop)*
Return trip: Same route*
(9) College Avenue
On Shaw from Henderson to College; on College to Lowden; through under-
pass to South Adams; on South Adams to Jessamine; on Jessamine to College; on
College to Rio Grande; on Rio Grande to Jennings; on Jennings to Eleventh; on
Eleventh to Throokmorton; on Throokmorton to Weatherford; on Weatherford to
Houston; on Houston to Tenth; on Tenth to Jennings (loop). Return trip: Same
route.
(10) Henderson
on Henderson from Morgan to Arlington; on Arlington to Fifth Avenue;
on Fifth Avenue to Morgan; on Yargan to Henderson (loop); on Henderson to Texas
Street; on Texas to Burnett; on Burnett to Tenth; on Tenth to Throokmorton; on
Throokmorton to Weatherford; on Weatherford to Houston; on Houston to Tenth
(loop). Return same route*
(11) Evans Avenue
On Evans from Mulkey to Rosedale; on Rosedale to South Main; on South
Main to Lancaster; on Main to Weatherford; on Weatherford to Oommerce; on Com-
merce to Belknap; on Belknap to Houston; on Houston to Weatherford; on Weather-
ford to Main (loop)• Return trip: Same route.
(12) Lakeview
On YUmm from Richmond to Mansfield Road; on Mansfield Road to Fabens;
on Fabens to Terrell; on Terrell to Kentucky; on Kentucky to Rio Grande; on Rio
Grande to Boaz; on Boaz to East Lancaster; on East Lancaster to Main; on Main
to Weatherford; on Weatherford to Oomneroe; on Commerce to Belknap; on Belknap
to Houston; on Houston to Weatherford; on Weatherford to Main (loop). Return
trip same*
(13) St. Louie
On St. Louie from Richmond to Tucker; on Tucker to Jennings; on Jen-
nings to Eleventh; on Eleventh to Throokmorton; on Throckmorton to Weatherford;
on Weatherford to Houston; on Houston to Tenth; on Tenth to Jennings (loop)*
Return trips Same route•
(14) T. & P. Shuttle
On Montgomery from Camp Bowie Blvd. to Granbury Road; on Granbury
Road to vest end of Lancaster•