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HomeMy WebLinkAboutOrdinance 1791 ORDINANCE N0 , 1791 AN ORDINANCE GRANTING TO HAROLD MATHIS , AND TO HIS SUCCESSORS , LESSEES AND ASSIGNS , THE EXCLUSIVE RIGHT , PRIVILEGE AND FRANCHISE TO USE AND OCCUPY THE STREETS , AVENUES , ROADS AND HIGHWAYS AND OTHER PUBLIC PLACES OF THE CITY FOR THE PURPOSE OF OWNING , LEASING OR OTHERWISE ACQUIRING , MAINTAINING AND OPERATING A PASSENGER BUS SERVICE TO BE USED IN FURNISHING OR SUPPLYING THE INHABITANTS OF FAYETTEVILLE , ARKANSAS , OR ANY OTHER PERSON , FIRM OR CORPORATION WITHIN THE SAID CITY WITH PUBLIC BUS TRANSPORTATION ; FIXING A PRIVILEGE TAX THEREFOR ; PROVIDING PENALTIES FOR THE VIOLATION THEREOF AND FOR OTHER PURPOSES : BE IT ORDAINED by the Board of Directors of the City of Fayetteville , Arkansas : Section 1 . That Harold Mathis , his successors , lessees and assigns , be and he is hereby granted the exclusive right , privi - lege and franchise to furnish and supply public transportation in the form of a passenger bus route over and along designated streets , avenues , roads and highways of the City of Fayetteville , Washington County , Arkansas , for the purpose of providing public transportation to the citizens and residents of the City of Fayetteville , Arkansas , together with their immediate baggage ; for a period of five ( 5 ) years after effective date of this Ordinance . Section 2 . That said public transportation be provided by means of passenger bus service along a bus route including , but not limited to , the following , to - wit : From the North Fayetteville municipal limits at the intersection of the Johnson Road with North College or Highway 71 ; South along Highway 71 to the intersection with East Center Street ; thence West along East Center Street to the Fayetteville Square ; thence North along East Street to Dickson Street ; West along Dickson to Arkansas ; North along Arkansas to Maple , west along Maple to Razorback Road ; south along Razorback Road to Highway 62 ; thence West along Highway 62 to Highway 71 By - Pass ; thence south along the Highway 71 By - Pass to the Highway 16 By - Pass ; thence East along the Highway 16 By - Pass to South Coll - ege or 71 ; thence South on Highway 71 to the airport ; thence north from the airport to the intersection of the Highway 16 By - Pass and 71 ; thence east on Highway 16 By - Pass to Highway 16 ; thence West to the Public Housing on Willow Street ; thence west to the square ; thence North along East street to Dickson ; east along Dickson to 71 ; thence north on Highway 71 to the point of beginning ; provided , that any and all changes , modifications , additions or deletions relating to the said bus route or designated stops shall be subject to approval and confirmation by the Board of Directors of the City of Fayette - ville , and provided further that said Board shall have the power MICR MED DATE LT DATE ocr � z REEL t97g 2 to alter and amend the route previously described ; and the power to require additional service or routes if the equipment is available . Section 3 . That this grant is made and is to be enjoyed sub - ject to all such reasonable regulations and ordinances of a police nature as said City may authorize or may see proper from time to time to adopt , not destructive of the rights herein granted ; that said Harold Mathis , his successors , lessees , and assigns , shall be liable for all damages or injuries to persons or property caused by the neglect or mismanagement of said Harold Mathis , or any of his employees and shall save said City free and harmless from damages arising from any abuse or negligence of said Harold Mathis , his agents or servants . Section 4 , That Harold Mathis , his successors , lessees and assigns , be and he is hereby granted the authority , right and privilege to establish and regulate reasonable rates , fares and charges and just and reasonable regulations and practices relating thereto for such service to the individual passengers and users during the period provided for in Section 1 of this Ordinance , sub - ject to the approval and confirmation of the Board of Directors of the City of Fayetteville and consistent with the laws of the State of Arkansas . Should other regulatory bodies such as the State or United States Government or any governmental sub - division thereof pre - empt the controlling of rates , such rates shall be regulated by such bodies but until such is done , the rates , fares and charges are to be governed exclusively by the Board of Directors of the City of Fayetteville , Arkansas . Section 5 . That all transportation equipment shall be safety checked and approved by the State of Arkansas ; that all things and matters relating to said passenger bus service shall be subject to , controlled by and under the jurisdiction of the Safety Laws of the State of Arkansas relating to motor carriers . Provided , that nothing herein shall restrict the right or power of the City to adopt and enforce suitable regulations by ordinance or otherwise govern - ing the qualifications of drivers , the brakes and the lights of the buses and any other measures which it may deem necessary or advisable for the comfort or convenience of the passengers of the public . Section 6 . The rights and privileges above granted are sub - ject to and are expressly granted upon the following conditions and stipulations , to - wit : (a ) This Ordinance shall not become effective and operative unless the said Harold Mathis shall within sixty ( 60 ) days from the date of its adoption and passage file his acceptance thereof in writing with the City Clerk of the City of Fayetteville , said acceptance to be entered of record in the records of ordinances of said City . 3 (b ) He shall within forty - five ( 45 ) days after the acceptance of the terms of said Ordinance as aforesaid , file with the City Clerk an original or certified copy of a policy of liability insurance , issued by some reputable insurance company authorized to do and doing business in the State of Arkansas , acceptable to the Board of Directors of said City , insuring him against public lia - bility and property damage in not less than the following amounts : Public Liability : $ 10 , 000 . 00 to any one person and $ 20 , 000 . 00 maximum to all persons injured in one accident . Property Damage : $ 5 , 000 . 00 for each accident . Said public liability policy shall cover liability to both passen - gers and to traveling buses , and he agrees to have and keep in full force and effect at all times during the term of this franchise insurance as above provided . (c ) That operation of said bus system and buses shall be commenced not later than sixty (60 ) days from his acceptance of the terms of this Ordinance and that said Harold Mathis , his successors , lessees and assigns shall provide and maintain proper , adequate , and efficient equipment , instrumentalities and service at all times during the life of this franchise and Ordinance so as to serve the safety , health , confort and convenience of the public and his employees . Should the service herein granted be discon - tinued by the franchise holder for a period of three ( 3 ) months after service has been in operation or should the franchise holder fail to maintain proper , adequate , and efficient egdpment to provide the service at all times during the life of the franchise , then this right and franchise shall be null and void . Section 7 . That said Harold Mathis , his successors , lessees and assigns , shall not assign , sublet , sell or transfer in any manner this franchise or any of the rights or privileges granted hereunder , except by and with the written consent and permission of the Board of Directors of the City of Fayetteville . Section 8 . That the transportation of passengers by common carrier by motor vehicle in the City is declared to be a privilege and that the franchise and/ or tax privilege shall be the sum of $ 75 . 00 per calendar year , or $ 37 . 50 after July 1 of any year for the remainder of the calendar year . Section 9 . If any person , firm or corporation operating said business hereunder , violates or fails to comply with any of the terms and conditions hereof or of any lawful order or decision of the 4 Board of Directors , he shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not more than Twenty Five Dollars . If the violation of this ordinance is continuous with respect to time , the penalty for allowing the continuation thereof shall not exceed fifteen dollars ( $ 15 . 00 ) for each day after the first that the same is continued . Section 10 . That all ordinances and parts of ordinances in conflict herewith are hereby repealed and this action being necessary due to an urgent need in the City of Fayetteville for the operation of public transportation in said City for preservation of public health , peace , and prosperity , safety , order , comfort and convenience of the City of Fayetteville , Arkansas , and the inhabi - tants thereof , an emergency is hereby declared to exist and this Ordinance shall be in full force and effect from and after its passage and approval . PASSED AND APPROVED this 15th day of March 1971 , APPROVED : ASST .- MAYOR ATTEST : oLtai �i > CITY CLERK ,."'40:e /' IJERTIFICATE Or RECORD fStafe of Arkansas (CitY, of Tayettcvi:ie ( ss It Suzanne C. Se,:ne�i', t;it:J Cle:t'd $:1ti Es-0ffiris recorder for tL•c C: y p (, Ict1 And do her- ., that the a: nesec? or goi-.` ?- : ' .• . tYoffice . „ �, ,�� 1 .ri fnn roi�1e an, pt ' � ' �" :' �3 °rolution bod1: wifrfes9 hi Ci,yIr OIIDBNOE 1',Ifli AN ORWNANCNAE GRANTNa IN , TO HAR. 01,0 KAMM. AND TO HIN SUCCESS- (IRS. 1.EtNUMS AND ASSIGNS. THE EXCLUNNIC RIGHT. rRIVILEGH AND FRANCHISE TO USE AND OCCUPY Tim TYRERTR. AYENUNS. ROADS AND HIGHWAYS AND OTRER PUS STATE of ARKANSAS LIC rLAUSU OF THE CITY FOR THEOn. rE ClUs OIr OWNING, LF.AMNG OF.. County of Washington Je OTHERWISS AMUMNa, MAIN- i TAINING AND OPERATING A PAM F.NGER RUR 8ERvICE TO RE USED /� IN FURNISHING OR SUPPLYING THE ry ' ,( INHABITANTS ON SAYPtTTEVn1.E, I, __ f.�(a`f _ # ._.. _ __ .__ , hereby certify that I Ar.XANSA% OR ANY OTHER PER- at. the ( Terse l Mana e FON. FIJUI OR COIIPORATRIN WITH. g ) of THE NORTHWEST ARKANSAS TIMES, IN TUE cITY wrrN Flrauc a daily n wspaper having a second class mailing privilege, and being not RUS TUN STATION: F1I13Iin A PRI1,00W„TAX. TKERZFQR; PRO- less than four pages of five columns each, published at a fixed place of ' VONia 9�.IRytEAW� FOR Or TIM �- business and at a fixed (daily) intervals continuously in the City of TION 1 AND FOR OTHER PIIRPDX,R: Fayetteville, County of Washington, Arkansas for more than a period RE rr ORDAINED Bq Ilse Beard of Directors at tae atr of Fayetteville, Ar- of twelve months, circulated and distributed from an established place of ka shove i business to subscribers and readers generally of all classes in the City Morsel 1. Thaf and std AYWib !Ion sue- rcse,rc, lergrae ane his Mt a and he & County for a definite price for each copy, or a fixed price per annum, "rPhlose and iM InClaalaa risen Sege ane tnndtlaa ro fatabh ens which price was fixed at what is considered the value of the publication, While Inrwe tit N- w tori - based upon the news value and service value it contains, that at least fifty "saenger Ma rulte Neer and slang Pi streets. avenues. ready and percent of the subscribers thereto have paid cash for their subscriptions "a,'s of flame ab of Phy s ' Arkansas. Jor the to the newspaper er or its agents or through recognized news dealers over a to�^ of glmldhg PUNIC tmuwamtm I period of at least six months ; and that the said newspaper publishers an o clttadae and residents of Pass ab ,,ewrle, A1tlAsam, tegeRer with average of more than forty percent news matter. mmailate beg”: Tor a wind na years atter err"" data of I further certify that the legal notice hereto attached in the matter of grants - I "n t. Tat meld Pubtin tranaParls e yrvided M rearm or easaen- i �n.a wrrtca along a Nus mute in. . //T9 :. MWomenv'it not Handled to, the "loving. --a 11 L 1 the North leaeNe%Ile ----------- _ _ _ , -_ _ _ .__ . ___ _y_ ___ __ __ _ __----------___—______._________________-----_ m� Ilmos at the Inlerwdlon a I., Road nraN Nor k College or >outh along BlghNay n to was published in the re ular daily issue of said newspaper for.____ sae east center Jore"r aeNeeea6ire insertion$ as follows : ,long East Oehler Street to is adds" 0evere North NRet in naellson street > r�� ISM i n ka+ >nv The first insertion on the _ day of -- .Qi1l 19_LL_. 1 ,r the second insertion on the .......... ... _. _ day of ________ ____ 19____._ - - - the third insertion on the _ _ day of ___ - _ _ _—.— 19—_ and the fourth insertion on the . day of ____p_____ 19-------- 1 1 yy Sworn to and subscribed before me on this _ _LS. __ day of ----- .112-t� 19_ NotW Public My Commission Expires : Za50LQ Z Fees for Printing ___ $__ _/•.. 50 scrc. Cost of Proof ____-- Total ---------- $-----/�-..�� `eivm S That all transportation rgir,. r .rt IMM be ll@f$*. .cleEW and ao Rection s. net Ne ITansporlallon mi11 ped by' the MW W Araaagas: that nn Pasrcngerc by, common carrier b' minor IIran and matters re4lly b sem , I , vehicle in the City in declared to be a has service nett be xc: di nn privilege and that the franchise and/or itW theled by Intl order the jurisdiction las prlvllege shall be N$ sum of gM Do of the 9e nti le 0 o the Yate a! Pro. pee calendar year, oe /37.511 after July vanes relating In molar ®criers. Pm 1 of any year for Ne remainder M the tided. Net nothing herain shall readopt calender veer. the right or power of iM1e City to adopt Rection 9. If an And enforce suitable vernnons by nail. porellon operating person, businesonbere- cup wntt or otherwise the brakes the quthe under, violates or falls b comply iwtiws W drivers, the brakes and the th any Of Ne terms and condition$ herreo! lights M the buses and any other Mees or of any lawful order Or decision M Ne urea which it deem necessary or Board of Dircmora, he shell be deemed advisable for Ne rampart or convenience Board Of a misODI, her and u 01 the Passengers Ther of the public vicllpn thereof Shall be fined not mom section 0. The rights and privileges than Twenty Five Dollars. If the vlola- ehore Rrented are Sub het ll and are elan Of thin ordinance is continuous with axions a granted upon the following con- respect to time, tlipal and stipulations, hallfthwn theca continuation thhig thereof ilY for shall nor ex. tet This Ordinance shell not became Iceed fifteen dollars (010.00) for each d$y, Haroeffecld and operative unless the saidimp after Ne first Rut the same Is ran. Herold Mathis shell within Sixty (till+ thued , days (earn the date acceptance ifs adoption Ina section 10. That ell ordinances and . writing file heryClf Me to harts Of ordinances In deadline herewith or Fa w1N the ally Clerk m Ne City are hereby repealed and this /talon being n[ Feyetlevllh, sold aedgptanca t0 be necessary due to an urgent need in the entered Of nro d N Na records of erei- city of Fayetteville for nancea of Sold Pity. Ne dParellrll M (b) He shall withal foray-five (431 devs biblio transportation in said Of)- for After Ne acceptance of Ne terms Of anti preservation Of public health, Were, and (Influence as Aforesaid, file with Ne '', priapi. $army, Order, Pamper[ and Clb Clerk An original or remiried 1e con`ennpe of the City of Fayet4villq W • paltry W liability insurance, IsfiuM Arkansas. and the Inhabitants manage, an by come reputable iv insu a company emergency is hereby declared N exist autM1on M and Nie Ordinanca shall be he NII fares zed to do and doing business In and effect from aha after IV ted Rtate Of Arkensaa, acceptable to Ne and approval, Name. Bf Of Dhemma resew Chy, Mounting PAS-W.r) AND APPROIT+O We 15th him a m" pebiip I1MOty end p ftv day of March, 19f1. ; damage in rot less Nee - the fdiowing APPROVED: yimeai E. Lmain, amounts: Asia . Mawr. Pubhe Dlability: 11110.0611.1110 b aq' one ATMarl Lenetta Moore, ary QerL Person oral 090,111AW masa = to AR If b perenne Injured is one accident. Property Damage: 35.000.00 for nth andJerd Mid public liability pWiff eMp fire. er liability to both Passengers and to traveling buses, and he agrees b have and keep in full force and effect at all buret during the term Of this franchise ce as above provided. insurance operation W Haid has alp. leen and buses shall be Oornmenced not later than sixty (011) days from his ac- ceplanee of the terms of this Ordinanca and that Sold Harold Mathis, hie auc. ttesnrs, lessees and assigng shall pro- vide end maintain proper, adequate, and efficient equipment, Instrumentalities and servlre at all times during the life of thin franehsle and Ordinance so as to serve the safety. health, comfort and innvem. race or the public and his employees• Should the service herein granted be dis- continued by Ne franchise holder for a period or Or" 13) months after srvice hes been in operation or should Ne fired. chise holder fall to maintain proper, Adequate. and efficient equipment N pro. vide the servitt at all limes during the life of the franchise, then this right and franolike shell be null and void. rtion 7. net acid Harold Aphip his e..Sors, lessees and Assume, shall not pn. sublet, sells or transfer in am- i +er thin franchise or anv Of the : lc or privileges granted hereunder. 'at by and with Na written consent Iwrmiasion of the Hoard of Directors