Loading...
HomeMy WebLinkAbout1951-B-1215 03 ORDINANCE NO. B -1215 AN ORDINANCE granting a non-exclusive franchise to CARL A HAHN and WALTER S. PHILIPP, a co- partnership doing business under the name of INTERVALLEY MOTOR COACH COMPANY to operate motor vehicles commonly known as "motor coaches ", on certain public streets in the City of Yakima; and to receive and discharge passengers at certain points on said public streets. BE IT ORDAINED BY THE CITY OF YAKIMA: 111 Section 1. That, subject to the terms and conditions of this Ordinance, there shall be and hereby is granted to Carl A. Hahn and Walter S. Philipp, a co -part- nership doing business under the name of Intervalley Motor Coach`Company, hereinafter called Grantee, a non - exclusive franchise to operate motor vehicles commonly known as motor coaches, for the transportation of passengers, mail and express upon and along the following streets in the City of Yakima, Washington; and for the receiving and dis- charge of passengers at the following points on said public- streets in the City of Yakima: Yakima to Selah Leave Greyhound terminal South on 6th Street. to Walnut; West to 3rd Street; North on 3rd to loading zone at Capitol Theatre; North on 3rd to loading zone on Northeast corner of 3rd and B Streets North on 3rd to C Street; left on C Street, West to 1st Street; right on 1st Street to loading zone on Northeast corner 1st and C Street; and out on North 1st Street. Selah to Yakima . South on 1st Street to C Street; turn East to 3rd Street; turn South on 3rd Street to stop zone on Southwest corner of 3rd and C Streets; continue South on 3rd to unloading zone on Southwest corner of 3rd and Chestnut; South to Walnut; turn East on Walnut to 6th Street; North on 6th Street; then North on 6th Street to Yakima Avenue and to terminal. Yakima to Union Gap Leave terminal South on South 6th Street to Walnut; West on Walnut to loading zone on Northwest corner of 3rd and Walnut; then West to 2nd Street; then South on 2nd to junction of South 3rd and 1st and on to Union Gap. Union Gap to Yakima North on South 1st Street to junction of 3rd Street; North. on 3rd to Walnut; to loading zone on Southeast corner of 3rd and Walnut; then East on Walnut to South 6th Street; then North to Yakima Avenue and Greyhound terminal. Yakima to Wiley City Leave Greyhound terminal South on South 6th Street to Walnut; then West to loading zone on Northwest corner of 3rd Street and Walnut; then West to South 3rd Avenue, to loading point on Southwest corner at that junction; then South on Broadway to Lenox; then West on Lenox to various destinations. Wiley City to Yakima Return over same route as above, to unloading zone on the Southeast corner of 3rd Avenue and Walnut in rear of Broadway Apartments on Walnut; and Southeast corner of Walnut and South 3rd Street; thence East to South 6th Street; thence North to Yakima Avenue and Greyhound terminal. Airport Route . Leave Greyhound terminal South on South 6th Street to Walnut; then West to loading zone on Northwest corner of 3rd Street and Walnut; then West to South 3rd Avenue to loading point on Southwest corner at that junction; then South on Broadway to West Lenox inter- section. Yakima to Gromore Leave Greyhound terminal South on South 6th Street; West on Walnut to loading zone at Northwest corner of intersection; then West on Walnut to intersection at South 6th Avenue; at which point turn South to loading zone on West side of 6th Avenue along side of High School; then continue South to West. Maple Street; then West on Maple to Division then West on Division to Northwest corner of 20th Avenue and Division, which will be constructed as a loading zone; then West on Tieton Drive to destination. Gromore to Yakima Coaches will leave over same route as above, with unloading zone on Southeast corner of 12th Avenue and Division; thence East to unloading zone on East side of South 6th Avenue at junction with Walnut; thence East on Walnut to unloading zone on Southeast corner of 3rd Street and Walnut; thence East to South 6th Street; thence to Yakima Avenue and terminal. Yakima to Tieton and Naches Leave Greyhound terminal on South 6th Street, West on Walnut to loading zone, Northwest corner. of Walnut and 3rd; then West on Walnut to 5th Avenue; then North to Yakima Avenue; then West to 7th Avenue for loading zone at that point; then continue West on Summitview to destination. (Continued on Page No. 204) ORDINANCE NO. B -1215 (Continued from Page No. 203) Tieton and Naches to Yakima Coaches will come in on State Highway No. 5, then East on Fruit vale Boulevard to 5th Avenue; then South to Walnut; then East on Walnut to unloading zone on Southeast corner of Walnut and 3rd Street; then East to South 6th Street; north to Yakima Avenue and ter- minal. Section 2. 'jhe grantee shall, immediately upon the effective date of this Ordinance, provide, and thereafter during the life of this franchise, maintain daily schedules of motor coach service on the routes hereinabove specified, and in accordance with the regular schedule filed with. the City Clerk of the City of Yakima. Section 3. Subject to approval by the City Commission, expressed by ordinance or resolution, the grantee shall have the right from time to time to estab- lish and maintain motor vehicle operations, commonly known as motor coach service, for transportation of passengers, mail and express, on other streets and parts of streets in the City of Yakima, in addition to those hereinbefore described; subject to the t erms, provisions and conditions of this Ordinance. Section 4. The City hereby specifically reserves the right to regulate and control all of the public streets over which the grantee is granted fran- chise rights, pursuant to this Ordinance; or is hereafter granted rights pursuant to this Ordinance; and further specifically reserves the right to regulate the operation of grantee's motor coaches, including the speed thereof, by ordinance; insofar as such reg- ulations relate to the regulation of traffic and public safety. Section 5. As compensation for the rights granted by the City to the grantee under this Ordinance, the grantee shall pay to the City annually, on or before the 15th day of January of each year during the continuance of this Ordinance, an amount equal to one -half of 1% of the gross revenues derived by the grantee during the preceding calendar year; from grantee's transportation operations on all routes es- tablished pursuant to this Ordinance. Such payment shall be accompanied by a sworn statement, showing the gross receipts received by the grantee for such transportation operations; and the one -half of 1% compensation shall be figured on such gross receipts, without deduction of any kind. Section 6. The franchise hereby granted shall be and remain in full force and effect, unless terminated as hereinbefore provided for, the period of five years from and after its effective date. Section 7. The City may at any time during the term of this fran- chise acquire from the grantee, either by agreement or by condemnation, motor vehicles or motor coaches used and operated by it in connection with the operation of its passen- ger, mail and express transportation business, pursuant to this franchise; and upon such agreement or condemnation by the City, no value for this franchise shall be taken into account in fixing the price to be paid by the •City therefor. Section S. In the event of the failure or neglect of the grantee to comply with the terms and provisions of this Ordinance, and to provide the' transport- ation service required by this Ordinance, this franchise and all rights thereunder may be cancelled and terminated at the option of the City Commission; provided, that the City shall first serve uponthe grantee at its regularly established office in Yakima, Wasi,ington, a written notice specifying the defaults claimed, and requiring the grantee to remove andremedy such defaults within 15 days; and if so removed, this franchise shall remain in good standing; but if not removed, such termination shall be in full force and effect. The .franchise granted by this Ordinance shall not be leased, assigned mortgaged, or otherwise alienated by the grantee, without the express consent of the City Commission expressed by Ordinance; and no rule of estoppel, claim or waiver shall be invoked against the City, in case it shall assert the invalidity of any attempted transfer in violation of this section. Subject to the foregoing, this franchise may be assigned by the grantee with the consent of the City. Section 9. So far as the grantee may lawfully give such free.:trans- portation, at all times while in the actual discharge of their duties, officials of the City of Yakima, United States Mail carriers in uniform, policemen and firemen of the City of Yakima in uniform, and members of the City Police Force on duty in plain clothes, shall be transported, free of charge, on motor 'coaches of the grantee operated within the City of Yakima 'under this franchise; with all the rights of other passengers; pro - vided such persons shall, upon request of the grantee or its representatives, exhibit passes or other identification satisfactory to the grantee, which passes shall be furn- ished by the grantee upon written request of the City to the persons entitled thereto under this section. Z Z Section 10. This Ordinance shall be submitted to the vote of the electors of the City of Yakima, at the Special Election to be held in the City on the 13th day of March, 1951; and shall become effective on that day, if approved by a major- ity of the electors voting thereon. Section 11. The grantee shall file with the City Clerk, with .10 days after the passage of this Ordinance by the City Commission, the grantee's unqualified written acceptance thereof, as a condition to enjoying the rights and privileges hereun- der. PASSED BY THE CITY COMMISSION, signed and approved this 1st day of February, 1951. ATTEST: PEARL BENJAMIN ( SEA L ) G. N. BURNS City Lilerk ' Mayor I hereby certify that the foregoing is a full, true and correct copy of Ordinance No. B -1215 entitled "AN ORDINANCE grantins a non- exclusive franchise to CARL A HAHN and WALTER S. PHILIPP, a co- partnership doing business under the name of INTERVALLEY M0TOR COACH COMPANY, to operate motor vehicles commonly known as "motor coaches ", on certain public streets in the City of Yakima; and to receive and discharge passengers at certain points on said public streets." as passed on this lot day of February, 1951, and that same has been published as required by law. l � fi C CLERK