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
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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 .
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(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
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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
