The URL can be used to link to this page

Home My WebLink AboutORD 526 - ORD Granting School Transit Company, WIIII'l L I. __ LLL.LU 58 '. ORDINANCE NO. ~26 i"'j AN ORDINANCE GRANTING TO SCHOOL. TRANSIT COMPANY, A CORPORATION, . L' II' ITS SUCCE,C)SORS AND ASSIGNS, THE RIGHT TO USE THE CITY'S PRESENT AND FUTURE PUBLIC THOROUGHFARES FOR A PERIOD OF TEN YEARS, PRO- VIDING FOR COMPENSATION TO BE PAID TO THE CITY, THAT SAID FRAN- CHISE SHALL NOT BE EXCLUSIVE, FOR REGULATION OF THE COMPANY'S OPERATIONS, RATES AND SERVICE, AND FOR PENALTIES, FOR EXAMINATION OF THE COMPANY'S BOOKS, RECORDS AND ACCOUNTS, FOR SEVERABILITY IN CASE ANY PART, BE HELD VOID, PROVIDING THE METHOD OF ACCEPTANCE, AND PROVIDING -FOR THE DATE UPON WHICH SAID ORDINANCE WILL TAKE EFFECT. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNI- VERSITY PLACE, TEXAS: Section 1. The right, privilege and franchise is hereby ex- tended and granted to School Transit Company, a corporation, its successors and assigns, to use the streets, avenues and other public thoroughfares of the City of West University Place, Texas, to operate motor vehicles of, not less than fifteen or more than thirty-five passenger capacity for the carriage of school children and other persons to and from public and pri- vate schools and to and from their homes for hire on a contract basis, within the present and future corporate limits of the City. School Transit Company shall not be a common carrier, but shall be entitled to enter into contracts with the parents or guardians of child- ren attending private or public schools and other persons for the carriage of said children and others to school from their homes and from school to home. I~ ! i---..J $chool Transit Company shall under each contract pick each person up at his or her home and deliver such person to the school he or she attends and shall return said person from the school to his or her home. . Section 2. The franchise hereby granted shall commence upon the filing with the City of an acceptance of this ordinance and shall continue f or a period of ten years thereafter. Section 3. The Company is hereby required to pay to the City two per cent (2%) of its annual gross receipts derived from contracts entered into for carriage of persons to and from their homes located within the corporate limits of the City of West University Place, present or future, such payment to be made quarterly on or before March 15th, June 15th, Sep- tember 15th" and December 15th, and shall equal two per cent (2%) of the company's gross receipts for the preceding calendar months next preceding the date of payment, derived from contracts entered into for the carriage of persons to and from their homes located within the present or future corporate limits of the City. Said payment in the aggregate" shall cover and include the compensation to the City for this grant. Section 4. Nothing contained in this ordinance shall ever be !I construed as oonferring upon the Company any exclusive rights or privileges i~ of any nature whatsoever. J I J I I ~ 59 Section 5. The City shall have full power to regulate the Com- pany's use of its streets, avenues and other public thoroughfares, to pro- vide and fix contract rates to be charged by the Company and to prescribe the service which the Company shall render. Section 6. The City Commission shall have full p'ower and author- ity to inspect and examine, or cause to be inspected and examined, at all reasonable hours, the properties, books, records, and accounts of the Com- pany, and the Company agrees to furnish to th€1 City Commission or to the City Secretary such financial and statistical reports as the City Commission may require. Section 6-a. The Company agrees to carry iU a good and solvent insurance company licensed to do business in the State of, Texas and under the supervision of the Insurance Department of the State or Texas public liability insurance in amounts which is generally known as 20,000-40,000 limitsandagr!3es to waive any immunity from tort liability which it might have be virtue of its operations. . ' Section 7 . The Company shal~ be, required throughout the life of this grant _to furnish efficient service at reasonable rates and to maintain its properties in good repair and working order. Should the Company fail or refuse to maintain its properties in good order and furnish efficient service at all times throughout the life of this grant, except only when prevented from so doing by forces not reasonably within the control of the Company or should the Company fail or refuse to furnish efficient service .at reasonable rates throughout the life of this grant, excepting only during such periods as the Company shall in good faith and diligen~ly contest the reasonableness of the rates in question, then it shall forfeit and pay to the City the sum of Twenty-five Dollars ($25.00) for each day it shall so fail or refuse after reasonable notice thereof from the City, and the Company recognizes the right of the City to pass penal ordinances for the enforcement of the provisions of this section. Section 8. If any of the terms, conditions or provisions of aQY part of this ordinance'should be held void or unconstitutional, such holding shall not affect the validity of any of the other provisions hereof and same shall be held in force and effect_and the City hereby reserves the right to amend this ordinance in such respect as it may be found to be void or unconstitutional and, if possible, reincorporate such provision so as to make same'valid and constitutional. Section 9. The Company shall, within thirty (0) days from the passage of this ordinance, file with the City Secretary a written statement signed in its name and behalf in the following form: liTo the Honorable Mayor and City Commission of the City of West University Place: The School Transit Company for itself, its successors and assigns, hereby accepts the attached ordinance and agrees to be bound by all of its terms and provisions. .' 1" .'-'1.-."-"- .-.-:~~t-._- '"T-'-'-'~''' r- - _..--'-1"" .... -_..... -1 "I-ill HI IEIII:,H - I, J LI.1:~. I_L I 60 .":.< '....;" SCHOOL TRANSIT COMPANY , 1950tt. :1 I I U By Dates If such acceptance, together with a copy of this ordinance, is not filed within the time and in the manner hereinbefore specified, then this ordinance and the rights , privileges, and franchises herein granted shall immediately become null and void. Section 10. The City of West University Place by the granting of this franchise does not surrender or to any extent lose, waive, impair or lessen the powers and rights, now or hereafter vested in the City 'of West University Place under the Constitution and statutes of the State of Texas and under the Charter of the 'City of West University Place, to regu- late the rates and services of the grantee in this franchise; and the grantee by its acceptance of this franchise agrees that all such re~latory powers and rights now or hereafter vested in the City of West University Place are now, and during the terms of this franchise shall continue to be, in full force and effect and subject to the exercise thereof by the City of West University Place at any time and from time to time during the entire term, of this franchise. .'" \ If the Company shall file any lawsuit in any court seeking in any manner to have set aside any ordinance or other order of the City Com- mission fixing the fares to be charged by the Company, the' original record of the evidence heard by the City Commission to take said evidence may be introduced by the City on the trial of said cause. If it appears on said trial that the City Commission did not act arbitrarily and without regard to the facts, the order of the City Commission shall be sustained. fl , I ; I U This ordinance shall become effective immediately upon the ac- ceptance by the company which is provided for in Section 9 hereof. PASSED AND APPROVED this lOth day of July, 1950 by a vote of 5 AYES and 0 NOES. . APPROVED: ~-,~ . e etary . II LJ