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Home My WebLink AboutORD 617 - ORD Granting O.L.Friery & Successors to Use the City's Present and Future Throughfares for 10 Yrs. 81 ORDINANCE NO. 617 AN ORDINANCE GflANTING TO O. L. FRIERY, HIS SUCCESSORS AND ASSIGNS, REFERRED TO AS nC0l1PANY" THE RIGHT TO USE THE CITY'S PRESENT AND FU~URE PUBLIC THOROUGHFARES FOR A PERIOD OF TEN YEARS, PROVIDING FOR COMPENSATION TO BE PAID TO THE CITY, THAT SAID FRANCHISE SHALL NOT BE EXCLUSIVE, FOR REGULATION OF THE COMPANY'S OPERATIONS, RATES AND SERVICE, AND FOR PENAL... TIES, FOR EXAMINATION OF THECOIvIP A11Y.' S BOOKS, RECORDS AND ACCOUNTS, FOR SEVERABILITY IN CASE ANY PART BE HELD VOID, PROVIDING THE METHOD OF ACCEPTANCE, PROVIDING FOR ACQUISITION OF THE COMPANY'S PROPERTIES UPON TERMINATION OF FRANCHISE, AND PROVIDING FOR THE DATE UPON WHICH SAID ORDINANCE v.lILL TAKE EFFECT . BE IT ORDAINED BY THE CITY COI\fMISSIONERS OF THE CITY OF WEST UNIVERSITY PLACE: Sectien 1. The ~ight, privilege and pranchise is hereby extended and granted to. O. L. Friery, his successersand assigns, hereinafter called IlCempanyll to. use the streets, avenues and ether public thereughfares of the City ef ~lest University Place, Texas, to. eperate moter vehicles ef net less than ten passenger capacity fer the carriage of scheel to. and frem public a:nd private scheels fer hire ona Crontract basis, within the present and future cerperate limits 0.1' the City. Said Company shall not be a cemmen carrier, but shall be entitled to. e~ter into contracts with the parents er guardians of children attending private or public schools fer the carriage of said children to. school from their hemes and from schoel to. home. Cempany shall under each centract pick each child up at his or her heme and deliver such child to the scheol he or she attends and shall re- turn said child from the school to his or her,heme. Such pick-ups and de- liveries shall be made so that the children will not be re~uired to. cross a street or other driveway in erder to enter the busses or schools or hemes. Section 2. The Company is hereby re~uired to. pay to the City, two. per cent (2%) of its annual gress receipts received frem centracts entered into for carriage ef children from their homes located within the corperate , limits ef the City ef West University Place, present er future, such pay- , ment to be made ~uarterly en or befere March 15th, ,June 15th, September 15th, and December 15th, and shall e~ual two. per cent (2%)01' the Cempany's gross receipts fer the three preceeding calendar menths next preceding the date of payment, derived frem contracts entered into. fer the carriage 0.1' children frem their homes lecated within the present or future cerperate limits ef the City. Said payme~t in the aggregate shall cover and include the com- pensation to the City f,or this grant. Sectian 4. Nething centained in this erdinance shall ever be cen- strued as cenferring upon the Company any exclusive rights or privileges of any nature whatsoever. ~ ,~ 8 Section 5. The City shall have full power to. regulate the Cempany's Ii] use of its streets, avenues and other public thoreughfares, to. provide and fix centract rates to be charged by the Cempany and to. prescribe the ser- ~ vice which the Cempany shall render. Section 6. The City Cemmissioners shall have full pewer and autheri- ty to inspect and examine, or cause to. be inspected and examined, at all reasonable heurs, the properties, beoks, recerds and acceunts of the Cempany, and_the Cempany agrees to. furnish to the City Cemmissien, such financial and statistical reperts as the City Cemmissionby erdinance may require. Section 7. The Cempany shall be required threugheut, the life 0.1' this grant to. furnish efficient service at reasonable rates and to maintain its preperties in goed repair and working erder. ,Sheuld the Company fail er re- fuse to maintain its properties in geed order and furnish efficient service at all times throughout the life ef this grant, except only when prevented from so. doing by forces net reasenably within the contrel of the Cempany, er should the Company fail er refuse to furnish efficient service at reasen- able rates threughout the life of this grant, excepting only during such periods as the Cempany shall in geed faith and diligently centest the reasonableness ef the rates in question, then it shall ferfeit and pay to. the City the sum of Twenty-five Dollars ($25.00) for each day it shall so fail or refuse after reasenable netice thereof from the City, and the Cem- panyrecegnizes the right of the City to pass penal ordinances fer the en~ fercement of the previsiens 0.1' this sectien. Section 8. If any of the terms, conditiens or previsiens of any 0 part of this erdinance sheuld be held veid er uncenstitutienal, such helding shall net effect the validity ef any ef the ether provisiens hereof and same shall be held in force and effect and the City hereby reserves the right to amend this 'erdinance in such respect as it may be found to be veid er uncenstitutienal and, if pessible, reincorperate such previsien so as to. make same valid and censtitutional. Section 9. The Cempany shall, within thirty (30) days from the date this erdinance takes effect, file with the City Secretary a written state- ment signed in its name and behalf in the fellewing form: "To. the Henerable :Mayer and City Commission ef the City of West University Place: The Cempany for itself, its successors and assigns, hereby accepts the attached ordinance and agrees to be beund by all of its terms and provisions. o. L. Friery Dated day ef 1952" If such acceptance, tegether with a copy 0.1' this erdinance, is net filed within the time and in the manner hereinbefere specified, then this erdinance and the rights, privileges and franchise herein granted shall II ! I U -. .~.~. 89 immediately become null and veid. Section 10. The City 0.1' West University Place by the granting 0.1' this franchise dees net surrender er to. any extent lese, waive, impair er lessen the powers and rights, new er hereafter vested in the City 0.1' West University Place_under the Censtitutien and statutes 0.1' the State 0.1' Texas and under the Ch8.rter ef the City 0.1' West University Place to. regulate the rates and services of the grantee in this franchise; and the grantee by its acceptance ef this franchise agrees that a~l such regulatory pewers and rights now er hereafter vested in the City 0.1' West University Place are new, and during the term ef this franchise shall centinue te.be in full ferce and effect and subject to. the exercise thereef by the City ef West University Place at any time'and from time to time during'the entire term ef this fran- chise. If the Cempany shall file any lawsuit in any court seeking in any manner to. have set aside any ordinance er ether order 0.1' the City Cemmissien fixing the fares to be charged by the Cempany, the original recerd of the evidence heard py the City Cemmissien er any cellmlittee deiegated by the Cemmissien to. take said evidence may be intreduced by the City on the trial 0.1' said cause. If it appears on said trial that the City Commissien did net act arbitrarily and witheut regard to. the facts, the erder ef the City Commission shall be sustained. , Sectien 11,. Upen the terminatien ef this grant, this' franchise as well as all rights and privileges, if any 0.1' the CempanY,in the streets, avenues and other public thoreughfares granted to it by said city~ shall, thereupen without other or further compensatien to the Cempany, be and be- come the preperty 0.1' the City, and the Cempany shall never-be entitled to. any payment or valuatien because ef any value derived frem this franch~se er the fact that the CeIlIpany is er may be ageing cencern. Upe,n the termi- natien 0.1' the peried fer which this franchise is hereby granted the City, by its acceptance hereof, centracts, agrees and binds itself to sell to., the City of West University Place, all, but net less than all, 0.1' its prep- ertydevoted to. the public service upen payment to. it by the City ef the fair valuatien the reef which shall be deemed to. be the ameunt 0.1' meney which the Cempany shall have invested in acquiring and constructing the preperties to. be acquired, less a reasenable ameunt fer depreciatien, and this ameunt ... shall be 'determined by arbitratien, tw"e arbitraters to. bechesen by the City, two. by the Company, and a ,fifth to. be chesenby-the feur arbitraters thus chesen, and adecisien 0.1' "the majerity ef said arbitraters to. be binding. Sectienla. The Company shall net maintain sterage facilities fer its meter vehicles in any area ef the Cityef West University Place zened as a Residential Area. Section 13. This ordinance shall take effect and be in ferce im- mediately upen its passage and appreval by the Mayer. Passed this the 22nd day ef September, 1952, all Cemmissieners veting "Aye n . =ST~ ~CitY s.9~ APPROVED : City Attorney z-.-- "11 I 1;1 III