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HomeMy WebLinkAbout1957-B-1992 !68 ORDINANCE_NO. B -1992 AN ORDINANCE Granting to D. S. Peck, now of Scranton, Pennsylvania, his successors and assigns, a non-exlusive franchise for a term of fifteen (15) years, to establish, maintain and operate a motor coach transportation system over the streets of the City of Yakima, for the transportation of passengers and mail, for hire as a common carrier and requiring the submission of this ordinance to a vote of the people at a special election to be held on March 26, 1957. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. DEFINITIONS: When used int his ordinance, the following terms shall have the meaning herein specified :: (a) The word "City" shall mean the City of Yakima, a municipal corpora- tion of the State of Washington in its present form, or any reorgan- ized, consolidated or re- incorporated form; (b) The word "Grantee " -shall mean D. S. Peck, his successors or assigns; (c) The word "Commission shall mean the present governing body of t he City of Yakima, or the incumbents of any office or Board hereafter created by law or ordinance, performing similar funct -ions to those now performed by the City Commission; (d) The term "motor coach" shall mean any trackless, self- propelled ve- hicle or device designed and used for the convenience of passengers, and regardless ofthe power or means used to propel the same. Section -2. NATURE OF GRANT: Subject to approval of this ordinance by - the electors Of the City, as provided by City Charter, the authority, right, privilege and franchise is hereby granted to Grantee, his successors and assigns, for a period of fifteen (15) years from and after the date this ordinance becomes effective, to establish, maintain, operate and control a motor coach transportation system for the transportation of passengers and mail for hire, under, upon and along the streets of the City, in accordance with the terms and conditions herein.- Grantee shall have the right to carry newspapers and United States Mail on any and all of its vehicles, pro- vided only that the same does not materially affect the main purpose of this franchise, namely, the transportation of persons. Section 3. ROUTES: Regular motor coach transportation service shall be established, operated and maintained over such routes as Grantee deems best suited to afford maximum of service to his passengers, with a minimum of expense and in-accord- ance with the routes currently and in the future followed by similar transportation companies under similar conditions. Section 4. CHANGE OF ROUTES: The routes may be consolidated, changed or extended from time to time, and new routes added to meet public convenience and nec- essity. Upon such change, consolidation or establishment of a new route, the Commiss- ion shall have the right to meet and treat with Grantee as to any such change after the same has been given a reasonable test period, and Grantee shall thereupon, if request- ed by the Commission, reconsider his decision and advise the Commission of the results of such test and the reasons for such change or extension. Upon ten (10) days' writ- ten notice from the City to the Grantee, an authorized representative oft he Grantee will appear, at the time and place designated in the notice, and attend such hearing designated in said notice, for the purpose of determining any changes in routes or schedules, and the Grantee agrees to consider, but will not be bound by any recommend- ations made by the City Commission pursuant to such hearing. Section 5. TEMPORARY ROUTES: Grantee shall have the right to use any street as a temporary route for a reasonable period, unless such-route or part thereof is deemed by the Commission unfit or unavailable, for such operation. Section 6. EXTENSION BY ANNEXATION: Upon annexation of any territory by City, Grantee shall have all privileges of transportation therein, and that portion of its transportation system located within such annexed territory shall be subject to all the terms of this franchise. Sectibii. 7. COMPETITION: This franchise shall not be construed as an ex- clusive grant; provided however, that the City will not grant a competitive franchise to any other during the life hereof, without first notifying Grantee at least one (1) year prior to any such grant. Section 8. SCHEDULES: Grantee will make all decisions as t o hours of service and headways; provided however, the Commission may meet with Grantee at any time and make suggestions as to changes therein, subject always to the authority vest- ed inthe Public Service Commission of the State of Washington. Section 9. CLEARING OF STREETS: Grantee will not be required to furnish any equipment or materials, or perform any work or pay therefor, for keeping the streets used by his transportation system in reasonably safe and operable conditions Section 10. SAFETY FACTORS: All motor coaches operated by Grantee here- under shall be of such size and seating capacity as may be adequate from time to time to meet the needs of the patrons of the routes upon which they are operated, in line with economic principles of operating motor bus systems. Said motor coaches shall be maintained and serviced properly, and kept in a safe, dependable and sanitary condit- ion, and shall be uniformly painted outside. Section 11. COMPENSATION AND TAX: As compensation for the rights grant- ed 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 two - tenths (2/10) of one percent (1 %) of the gross p @venues derived by the Grantee during the preceding calendar year from Grantee's pas- senger transportation operations hereunder; provided that the amount payable on or be- fore January 15, 1958 shall be two -tenth (2/10) of one percent (1 %) of the gross reven- ues derived by the Grantee from such operations for the - period between the date this ordinance becomes effective as a franchise and the end of business operations December, 31, 1957. 469 ORDINANCE NO. B -1992 The payment to the City as' herein provided shall.be accompanied with a sworn statement showing the gross receipts received by the Grantee for such passenger transportation. . The Public. Service Commission of t he State of Washington has jurisdiction over rates and earnings of Grantee under the laws of the State of Washington. Detail- ed reports of the Grantee's operations, and profits and losses, are requiredto be filed with and audited by the Public Service Commission and are available to the City at the office of the Public Service Commission. Such detailed reports shallbe accepted by the City in lieu of and as full compliance with any Charter provision of the City relating thereto. Section 12.. FREE TRANSPORTATION: So far as the Grantee may,lawfully give free transportation at all times while in the actual discharge of their duties, officials, of the City, United States Mail Carriers in uniform, provided the United States postal authorities shall enter into a satisfactory overall contract with Grantee for payment commensurate with the service furnished, policemen and firement 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 hereunder,/with all the rights of other passengers; provided that such persons shall, upon request of the Grantee or his representatives, exhibit passes or other identification satisfactory to the Grantee, which passes shall be furnished by the Grantee upon written request of the City, to the persons entitled thereto under this Section. Section 13. INSURANCE: Grantee shall, during the term herein provided, provide and maintain adequate public liability and property damage insurance, to pro- tect the City against loss or damage to persons or property, which may result from the operations of Grantee. All policies shall contain a provision against cancellation except upon ten (10) days' prior written notice to the Commission. In the event the parties hereto do not agree as to the adequacy of said insurance, then same shall be determined by arbitration, in the manner provided in Section 18 herein. The Grantee shall make no changes in said insurance without first giving notice, in writing, to the City. Section 14. INDEMNITY TO CITY: Grantee shall at all times protect and save harmless the City from all claims, actions or damages of every kind and character, which may occur to or be suffered by any person or persons, firms or corporations, caused by Grantee in the exercise of the rights and privileges conferred hereby. Section 15. ASSIGNMENT OR TRANSFER: This franchise may be assigned only after it has been in effect and Grantee has properly operated for a period of five (:5) years. Thereafter it can be assigned'only upon one hundred twenty (120) days' notice, in writing, to the Commission and only upon approval of the Commission as to the finan- cial standing, integrity and motor coach transportation experience of the proposed transferee. Upon notice of the name and address of the proposed transferee, the Comm- ission will approve or disapprove thereof for the foregoing reasons only and notify the Grantee, in writing, within a reasonable time. This section, however, shall not prevent Grantee from assigning this franchise to any corporation he may organize for the purpose of operating hereunder. Section 16. POLICE POWER OVER STREifl'S: Nothing: herein contained shall be held or construed to mean that the City relinquishes any of its rightful authority over the streets, or any part thereof, covered by this grant. The City, through its agents, officers, or contractors, shall have and retain full power and authority to enter upon such streets, or any portion thereof, for the laying of water mains, sewers, or any other utility or public work. Section 17. OPTION TO CITY: 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 motor coach service required by this ordinance, this franchise and all rights here- under may be cancelled and terminated at the option of the Commission, provided that the City shall first serve upon the Grantee, at his regularly established office in Yakima, Washington, a written notice specifying the defaults claimed, and requiring the Grantee to remove and remedy such defaults within a reasonable time. If such defaults are removed within such time, this franchise shall remain in good standing; but, if not removed, such termination shall b e in full force and effect. Section 18. ACQUISITION OF SYSTEM: The City may, at any time during the term of this franchise, acquire from the Grantee, by agreement, all of his property operated in connection with said motor coach transportation system pursuant to this franchise and, if the parties cannot agree upon the price to be paid therefor, such price shall be fixed by five (5) arbitrators, two designated by the City, two design- ated by the Grantee, and the fifth selected by such four, the fifth arbitrator to be an experienced bus transportation man from outside the State of Washington. Such arb- itration committee shall meet and fix the price within ninety (90) daysafter selected. Such decision shall be in writing, and when signed by any three of the arbitrators and certified to both parties, shall be binding upon both the City and the Grantee. Section 19. EMERGENCIES: In the event of unforeseen conditions, includ- ing but not limited to war, insurrection, riot, sabotage or a general change in methods of operating motor coach transportation systems, or any other unforeseen circumstances making it impossible to successfully operate under this franchise as now written, the City and. Grantee will modify its terms, by mutual agreement. If they cannot mutually agree, the Grantee may surrender this franchise. Section 20. VALIDITY: Each section of this ordinance, and each part thereof, is declared to be an independent section and if, for any reason, any section or part thereof is declared to be invalid, the remainder of the franchise shall not be affected thereby, if the elimination of the invalid portion does not destroy the purpose of this ordinance. Section 21. ACCEPTANCE: The Grantee shall file with the City Clerk within twenty (20) days after the passage of this ordinance by the Commission, the Grantee's unqualified written acceptance thereof, as a condition to enjoying the rights and privileges hereunder. r7o ORDINANCE NO. B -1992 Section 22. PUBLIC SERVICE COMMISSION: Nothing contained herein shall ever be construed as intending to deprive the Public Service Commission of the State of Washington of any jurisdiction now or hereafter legally resting in that body under the laws of the State of Washington as now existing or as may hereafter be amended, whether concerning rates, routes, services, or otherwise. Section 23. WHEN EFFECTIVE: An urgency and emergency for this ordinance is hereby declared to and does exist, and the same shall be submitted to the vote of the electors of the City at a special election to be held in the City on the day II 1957, and the same shall become effective and be in full force at the close of business on that day, if approved by a majority of the electors vot- ing thereon. PASSED AND ADOPTED BY THE CITY COMMISSION this 28th day of January, 1957. ATTEST: J. A. SMITH ( SEA L ) JOE K. ALDERSON CITY CT.FRK MAYOR I hereby certify that the foregoing is a true, full and correct copy of Ordinance No. B -1992 entitled "AN ORDINANCE granting to D. S. Peck, now, of Scranton, Pennsyl- vania his successors and assigns, a non - exclusive , franchise for a term of fifteen (15) years, to establish,•maintain, and operate a motor coach transportation system over the streets of the City of Yakima, for the transportation of passengers and mail, for hire as a common carrier and requiring the submission of this ordinance to a vote of the people at a special election to be held March 26, 1957 as passed on the 28th day of January 1957, and that the same has been published as required by law. i./ , �/'Y C L E R • 1