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Ordinance No. 62AN - ORDINANCE 6Z DEFINING TERMS: GRANTING,TO C. Q. ALEXANDER, A FRANCHISE TO ESTABLISH,MAINTAIN AND OPERATE OVER-THE STREETS OF THE CITY OF BAYTOWN, . TEXAS, . A. BUS _ SYSTEM. FOR LOCAL TRANSPORTAT ION OF . PASSENGERS FOR. HIRE: - GRANTING SAID FRANCHISE_FOR_TWENTY. FIVE. {,25) YEARS: PROVIDING FOR EXTENSION OF SAID- FRANCHISE TO ANY TERRITORY ANNEXED IN THE.FUUTURE: ESTABLISHING_PROCEDURE.FOR DETERMINATION OF DEFINITE ROUTES OVER .AND.UPON_WHICH.BUSSES_SHALL TRAVEL AND.PROVIDING.FOR . CHANGING AND,ALTERATION.OF ROUTES AND.-ESTABLISHING DIFFERENT ROUTES OR ADDITIONAL ROUTES: PROVIDING TRIPPER SERVICE AND_DEFINING SAID TERM _AND . ESTABLISHING RATES .THEREFOR : PROVIDING' - :REGULAR _ BUS STOPS ON CITY _ STREETS :.ESTABLISHING. RIGHT_ FOR RATES. AND _ PROVIDING METHODS AND MEANS OF DETERMINING WHETHER RATES_ OF FARE SHALL BE.INCREASED: PROVIDING FOR _COMPENSATION. T0. BE PAID CITY UPON GROSS °RECE�PTS� AND METHOD. OF INCREASE OR. DECREASE OF_ SAID. COMPENSATION, AND TIME" OF PAYMENT:..REQUIRING GRANTEE_TO KEEP BOOKS AND RECORDS AND CARRY . PUBL C. LIABILITY AND..PROPERTY DAMAGE_INSURANCE: PROVIDING PROTECTION TO.BUSINESS.OF.GRA_NTEE: PROVIDING THE.RIGHT OF PURCHASE BY THE CITY OF THE . PROPERTIES OF SA]:D. _GRANTEE *AT EXP IRATION- OF _ FRANCHISE, AND METHOD OF SAID.PURCHA'SE.AND MANNER OF DETERMINING PRICE:.PROVIDING ® CONDITIONS OF . PUR_ CHASE AND _RIGHT OF GRANTEE. TO . APPLY . FOR EXTENSION OR NEW.FRANCHISE: PROVIDING FOR.TRANSFER.AND' SALE OF FRANCHISE:. PROVIDING FOR.FORFEITURE.OF FRANCHISE: PROVIDING PROVISIONS.OF CHARTER APPLICABLE TO FRANCHISE:_PROVIDING A_SAVINGS CLAUSE: PROVIDING TIME-FOR TAKING_EFFECT OFIFRANCHISE,.AND CONDITIONS THEREUNDER.. BE IT ORDAINED by the City Council of the City of Baytown: SECTION I - DEFINITION OF TERMS. The word Grantee whenever used in this Ordinance shall be held to mean C. Q. Alexander, his successors and assigns. The word "City" whenever used in this.Ordinance shall be held to mean the incorporated City of Baytown., Texas, and to include not only the present corporate city limits of said city but the corporate limits ® as they may be hereafter extended and such adjacent,_territory which may for the purpose of this ordinance come under the jurisdiction of the City. The words "City Council" whenever used in this Ordinance shall be held to mean the present Board of Councilmen elected a\ provided for in the City Charter of Baytown, Texas, or the,incumbents of any office hereinafter created by law or by Charter performing similar functions. The word "Streets" whenever used in this-Ordinance shall be held to mean and include all of the public street -a, highways, alleys, bridges' ® public travel areas and other public ways in the City of Baytown, Texas, and adjacent territory, however they may be designated. 1. =i • E, 9 P SECTION 2. - NATURE OF GRANT. The authority, right, privilege and franchise is hereby granted to C. Q. Alexander, his successors and assigns, for and in consideration of and subject to the conditions, agreements and provisions of this Ordinance hereinafter set forth, for a period of 25 years from and after the acceptance by said Grantee, his successors or assigns, of the terms and provisions of this Ordinance, to establish, maintain and operate over and upon the streets of the City of Baytown, Texas, and adjacent territory as hereinafter stated, a bus system for the local transportation of passengers for hire by trackless vehicles propelled by power generated within the vehicle itself by gasoline, crude oil, electric power or otherwise, all in accordance with the terms, condition sand provisions of this Ordinance. Such authority, right and privilege may be terminated by purchase by the City in the manner hereinafter provided for. SECTION 3. - EXTENSION BY ANNEXATION. Upon the annexation of any territory to the City, the portion of any said utility that may be located or operated within such annexed territory and upon the streets, alleys, or public grounds thereof, shall thereafter be subject to all-the terms of this grant, as though It were an extension -smade thereunder. SECTION 4. - ROUTES. Regular bus transportation service shall be established, operated and regularly maintained °over and upon routes hereafter specified, and in the event of interference with or obstruction to the said transportation service affected and determined by reason of the physical conditions of the "streets, alleys, thoroughfares, the nearest available and conveniently operative alternate routes shall be used until such.interference or obstruction shall have been removed or obviated. The City shall maintain the streets used by the Grantee OC in suitable. condition,for its operations, but failure so to do the City shall in no event be held liable in damages but the City shall be deemed to have violated its requirements if it does not provide an alternate route over which said Grantee may operate with no 2. ® substantial or material increase in cost of operation, or reduced revenue. Routes may be changed in the manner hereinafter specified. The.initial routes shall be determined by the Grantee subject to the approval of the City Council, or�the City Council may appoint a committee to approve such initial routes. Said routes shall be designed to serve the greatest number of citizens. Additional routes may be established by the Grantee subject to•such approval. Said initial routes and such additional routes as may be established may be altered, modified or abandoned by the Grantee from time to time upon written notice filed by the Grantee with the City Clerk �® and approved by the City Council or committee appointed by the City Council for such approval. -If no action is taken by the City Council or said committee within fifteen (15) days after such notice is filed with the city clerk, the establishment of such additional routes, or the alteration, modification-or abandonment of such routes as may be contained -in said notice shall be taken as approved. Grantee shall design said routes so as to furnish reasonably adequate service and shall maintain reasonably adequate'schedules for the accomodation of the passengers, and the City Council shall at all times have the right to establish reasonable standards of ® service and to require reasonably adequate service as provided in the City Charter. SECTION 5. - SCHEDULES. The hours of service and headways of each route shall be such as will provide reasonably adequate transportation services on each route. SECTION 6. ;: TRIPPER SERVICE The Grantee shall furnish and provide additional service known as "Tripper Service" at such times and over such routes as is necessary to furnish reasonably adequate service, as conditions may from time to time require. The Grantee shall charge the same rate or rates of fare for such Tripper Service as said Grantee is hereinafter ® permitted to charge for its regular service, 3. L E SECTION 7. - BUS STOPS ® Subject to the approval of the City Council, the Grantee may designate such bus stops as it may desire and shall have the right to equip the same with markers. At all designated stops of the motor bus lines of the Grantee, the City shall set aside an adequate space or zone in which other vehicles shall not be permitted to interfere with the bus operations, to the end that the safety, convenience and weltre of the patrons and public may be safeguarded. The City shall also establish and enforce such traffic rules and regulations as in its judgment will serve to expedite the movement of the Grantee's busses. ® SECTION 8. - FARES 0 Subject to the modification as hereinafter provided, the fares covering one (1) continuous ride between any of the points on routes herein specified or as hereafter provided, within the City limits of Baytown, Texas, shall be as follows: . KIND OF FARE Regular cash fare Children between the ages of five (5) and twelve (12)- 'other'than fare of school children as hereinafter stated 'SehoolI- - children T .( sub jtict,.-to:�the--'condit'ions hereinafter named:; c,andl-when:itraveling to and from school on school days) Children under five (5) years of age when accompanied by a revenue passenger Firemen and policemen, as hereinafter provided Transfer RATE OF FARE ten cents five cents five cents free free free School tickets or tokens at the hates stated above will be subject to the following restrictions: They will be issued only to school pupils attending the grade schools and high schools in the City of Baytown, Texas, They will be accepted as fare from the above between the hours of six A. M. and six P. M. on school days and shall be sold under such reasonable regulations as the Grantee may adopt, subject to the approval of the City Council. 4. F ® All transfers shall be limited to the same or diverging direction and no transfer shall enable a passenger to ride to the vicinity from which he started without paying a second fare. A transfer issued shall be used by the person tovhom it is issued only and on the next bus leaving the point of transfer. The Grantee may make such reasonable rules and regulations as it may deem necessary to prevent the misuse of transfers. Regular policemen and firemen, when in uniform, shall be permitted to travel free. Policemen in plain clothes, when regularly employed as police officers of the City,shall be permitted to travel free when on duty and carrying official pass or tickets.or tokens issued by the ® Grantee. If it so desire, the Grantee may carry mail for the Government of the United States in or upon its busses, as well as newspapers to be delivered to any point within the City limits of the City, as they now exist or may hereafter be extended, so long as it does not interfere with the carrying of passengers. Application for increase in rate of fare may be made by the Grantees in writing with the City Council, who shall, within thirty days (30) from and after receipt of such application grant a hearing thereon, and shall within a reasonable length of time thereafter act upon said application. In determining what should be a reasonable rate of ® fare the Council shall have the power to'-inspect the books of the Grantee and to compel the attendance of witnesses at said hearing. The Grantee shall have the right to appeal from any decision of the City Council to any court of competent jurisdiction. SEC^1ION 9. - COMPENSATION TO THE CITY From and after the taking effect of this Ordinance and during the term thereof, the Grantee.shall pay to the City two per cent (2%) of the Grantee's gross receipts from business done within the City, as a street rental. Such payments.shall be due and payable by the Grantee quarterly on April 15, July 15, October 15, and January 15, for the preceding quarter; such street rental charge to be exclusive of and ® in addition to all ad valorem taxes upon the franchise and other property of the Grantee and all lawful occupation taxes imposed upon 5. ® the occupation or calling of the Grantee. The amount of such compensation may be changed from time to time, as in the opinion of the City Council may be just and reasonable. SECTION 10. - BOOKS AND RECORDS The Grantee shall at all times during the term - hereof comply with the provisions of the Charter of the City of Baytown, Texas, insofar as said Charter provides for the keeping of books and records, stocks and securities issued, and filing annual reports.,. and shall carry property damage insurance in the amount'of five thousand ($5,000.00) dollars and personal liability insurance in the amount of five thousand ($5,000.00) dollars for injuries to`any one person and ten ® thousand ($10,000.00) dollars for injuries in any one accident. A v _ certificate of such insurance shall be filed with the City Clerk immediately. SECTION 11. - COMPETITION. This grant shall not be construed to be an exclusive grant and franchise for the carrying of passengers for hire, but the City, to the full extent of its lawful power, agrees to protect the Grantee against the competition of other motor bus lines, jitney operations or taxicabs doing other than strictly cab business, which would tend to interfere with the profitable and economical operation of the ® transportation systems provided herein, so long as said Grantee main- tains reasonably adequate service. SECTION 12. - RIGHT OF PURCHASE The Grantee, by the acceptance of this ordinance, hereby grants to the City, and the City reserves unto itself, the option upon the termination of this franchise to acquire by purchase, at a fair valuation to be determined as herein specified, the property of the Grantee operated under this franchise, providing the City gives the Grantee six (6) monthf�'notice in writing prior to the termination of this franchise of its intentions to purchase said properties. The price to be paid for said property by the City shall be the agreed ® value of said property. In the event of disagreement as to the value thereof, such valuation shall be determined,,-'by arbbitration as follows: The City shall designate one aria .trator and shall advise the Grantee 6. • C] ® in writing the name of the arbritrator so designated. Within thirty (30) days thereafter the Grantee shall designate an arbritrator and advise the City the name of the arbritrator so designated. The two so selected shall designate the third arbritrator. If the two arbritrators selected by the City and the Grantee fail to agree on a third arbritrator within thirty (30) days after their selection, then the third arbritrator may be selected by any person holding the office of Judge of any District Court of Harris County, Texas, to whom the City may apply for such appointment. If the Grantee shall refuse for thirty (30) days after being advised by the City of the selection of its arbritrator to select the arbritrator for the ® Grantee, the value of such property shall be fixed by a vote of a majority of the-City CounE e il. Such property may be taken subject to any outstanding indebtedness authorized by the Constitution and laws of the State of Texas, not in excess of the agreed or arbritrated value, and the City in such case shall expressly assume such indebtedness in waiting. Within three (3) months after said value shall have been agreed upon or fixed as aforesaid, the City shall pay the amount thereof to the Grantee, whereupon the City shall be entitled to have conveyed to it and shall be given possession of, such property, and any grant ® conferred upon the Grantee by this ordinance shall.thereupon cease ( and determine., ('In the event the Grantee, his successors or assigns should before the expiration date of said 25 year period desire to abandon operation in the City of Baytown, Texas, under this franchise, then said Grantee, his successor, or assigns,, shall give the City notice in writing (3) three months in advance of the time it so desires to abandon such operations, and the City shall have the right to acquire by purchase during said three (3) months period the property operated under this franchise under the terms and provisions set forth. Nothing contained in this franchise shall be construed as prohibiting the Grantee, at any time during the term of this franchise, from making application to the City for a new franchise or extension of this franchise for any period of time from the date such extension or new franchise be granted in accordance with the Charter of the City; and the Grantee hereby expressly reserves such right. 7. 0 E 0 Nothing contained in this franchise shall be construed as prohibiting the City from granting a renewal or extension of this franchise to the Grantee, or as prohibiting the Grantee from making application to the City for renewal or extension of this franchise and the acceptance of same by the Grantee. SECTION 13. - TRANSFER AND SALE This grant shall not be sold, transferred, or assigned by the Grantee except with-the consent of the City Council such consent and approvel to be evidenced by Ordinance adopted by said City Council. SECTION 14. - FORFEITURE OF FRANCHISE If the Grantee fails or refuses to comply with the terms of this franchise or fails to operate busses,-as specified fierein, the City Council may notify the Grantee in writing of such failure or refusal and if the Grantee does not comply therewith within thirty (30) days after receipt of said notice, the City Council may at its option cancel this franchise. SECTION 15. - PROVISIONS OF CHARTER APPLY The City insofar as it lawfully may, agrees that when this Ordinance becomes effective and is accepted by the Grantee in the manner here- inafter provided for, it`shall be binding upon the City and the Grantee as a contract. The Provisions of the Charter of the City, however, insofar as such provisions are applicable and to the extent to which they may not lawfully be superseded by this contract, shall be considered a part hereof as though expressly written herein and the Grantee shall be bound thereby. SECTION 16. - VALIDITY r� Each section of this Ordinance and each part of each section hereof is hereby declared to be an independent section or part of section, and the holding of any section or part thereof to be unconstitutional, void, illegal, ineffective or contrary to the provisions of the Charter of the City of Baytown, Texas, or any amendments thereto, for any reason, shall not affect any other section or part of section of this Ordinance. SECTIW 17. - ACCEPTANCE OF FRANCHISE This ordinance shall take effect sixty (60) days from and after the final passage of said Ordinance as provided by the Charter of the ® City of Baytown, Texas. Within fifteen (15) days after the Ordinance takes effect the Grantee shall file with the C].erk of the City a written acceptance of the same, and when this ordinance shall have been accepted by the Grantee, such Ordinance and acceptance shall constitute the contract between the City and the Grantee for all the uses, services, and purposes set forth in this Ordinance; and the Grantee,by his acceptance of the provisions of this Ordinance, binds himself, his successors, or assigns to provide the necessary motor busses and establish, operate and maintain the local transportation services contemplated in this Ordinance, beginning not later than thirty (30) days from the date of acceptance of this Ordinance by the Grantee, unless such time shall be extended by the Ciiy Council,and continuing without substantial interruption except for causes beyond his control until the expiration of the term of this grant. In the event the Grantee fails to file written acceptance within the -time hereinbefore specified .this grant shall be of no effect and void. Passed first reading on the /C . day of , 19+9 Passed Second reading on the L day of OG7�01Ser , 1949 Passed final reading on the day of 19.9 Attest: City Clerk Baytown,. Texas U] Mayor 67—City- of. Baytot , Texas 9.