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6803 Motor Bus FranchiseCONSOLIDATED-SALINA 1 G ORDINANCE NO. � J C' AN ORDINANCE GRANTING TO DONALD L. TUCKER A FRANCHISE FOR THE OPERATION OF MOTOR BUSES I14 THE CITY OF SALINA, KANSAS. Be it Ordained by the Board of Commissioners of the City of Salina, Kansas: Section 1. Pursuant to the authority granted under Chap- ter 12-2001 and 2002 of the 1961 Supplement of the General Statutes of Kansas, 1949, there is hereby granted to Donald L. Tucker, and his assigns, hereinafter designated as grantee, a franchise for the operation of a system of motor buses for the transportation of per- sons for hire over, upon, along and across the following streets in the City of Salina, Kansas. ROUTE I Beginning at the intersection of Santa Fe Avenue and Iron Avenue; thence north on Santa Fe Avenue to Otis Avenue; thence west on Otis Avenue to Ninth Street; thence south on Ninth Street to Elm Street; thence east on Elm Street to Santa Fe Avenue; thence south on Santa Fe Avenue to Claf- lin Avenue; thence west on Claflin Avenue to Highland Avenue; thence south on Highland Avenue to Cloud Street; thence west on Cloud Street to Ninth Street; thence north on Ninth Street to Minneapolis Avenue; thence east on Minneapolis Avenue to Santa Fe Avenue; thence north on Santa Fe Avenue to point of beginning. ROUTE 2 Beginning at the intersection of Santa Fe Avenue and Iron Avenue; thence east on Iron Avenue to Ohio Avenue; thence south on Ohio Avenue to Gypsum Avenue; thence east on Gypsum Avenue to Delawave Avenue; thence north on Delaware Avenue to Iron Avenue; thence east on Iron Avenue to Marymount Road; thence west on Iron Avenue to Ohio Avenue; thence north on Ohio Avenue to Ash Street; thence west on Ash Street to Des Moines Avenue; thence north on Des Moines Avenue to Elm Street; thence west on Elm Street to Penn Avenue; thence south on Penn Avenue to Iron Avenue; thence west on Iron Avenue to Eighth Street; thence south on Eighth Street to Walnut Street; thence west on Walnut Street to Phillips Street; thence south on Phillips Street to South Street; thence east on South Street to Eleventh Street; thence south on Eleventh Street to Republic Avenue; thence west on Republic Avenue to Highland Circle; thence south on Highland Circle to Sunset Drive; thence west on Sunset Drive to Funston Street; thence north on Funston Street and Sheridan Street to Crawford Avenue; thence east on Crawford Avenue to Twelfth Street; thence north on Twelfth Street to Prescott Avenue; thence west on Prescott Avenue to Phillips Street; thence north on Phillips Street to Walnut Street; thence east on Walnut Street to Eighth Street; thence north on Eighth Street to Iron Avenue; thence east on Iron Avenue to point of beginning. ROUTE 3 Beginning at the intersection of Santa Fe Avenue and Iron Avenue; thence south on Santa Fe Avenue to Prescott Avenue; thence east on Prescott Avenue to Fourth Street; thence south on Fourth Street to Crawford Avenue; thence east on Crawford Avenue -1- 4 CONSOLIDATED-SALINA 1 to Front Street; thence south on Front Street to Wilson Street; thence east on Wilson Street to Roach Street; thence south on Roach Street to Claf- lin Avenue; thence west on Claflin Avenue to Os- borne Street; thence north on Osborne Street to Republic Avenue; thence east on Republic Avenue to Front Street; thence north on Front Street to Crawford Avenue; thence west on Crawford Avenue to Santa Fe Avenue; thence north on Santa Fe Avenue to Iron Avenue; thence west on Iron Avenue to Eleventh Street; thence north on Eleventh Street to State Street; thence west on State Street to Thirteenth Street; thence north on Thirteenth Street to Bishop Street; thence west on Bishop Street to College Street; thence soutA on College Street to Iron Avenue; thence east on Iron Avenue to point of beginning. ROUTE 4 (Air Base Route) Beginning at the intersection of Ash Street and Santa Fe Avenue; thence north on Santa Fe Avenue to Elm Street; thence west on Elm Street to Ninth Street; thence south on Ninth Street to the south city limits of the City of Salina; thence north on Ninth Street to Ash Street; thence east on Ash Street to point of beginning. PROVIDED, That any two or more of said routes may be com- bined, and that any or all of the said routes may be transversed in the reverse direction. Section 2. That, with the consent and approval of the Governing Body of the City of Salina, said grantee shall also have the right to change, alter, or abandon said routes hereinabove des- cribed, and to establish, operate and abandon such additional route as may be deemed necessary or proper from time to time for the pur pose of furnishing the citizens of Salina convenient and adequate transportation facilities to and from all parts of said city; and also, for such purposes, to operate buses temporarily over such routes and to such parts of said city as may be designated by the Governing Body of said city. Section 3. That no bus service shall be extended under this franchise on Sundays or holidays. Section 4. That the grantee shall operate buses from 6:3 a.m. to 6:30 p.m. on headways of not less than one hour frequency, but may operate buses for a longer period of time and for more fre- quent headways if they so desire: PROVIDED, however, that such hour of service and frequency of headways shall not apply to the Air Bas route. Section S. That the rights and privileges hereby grante for the operation of motor buses shall continue for the term and period of ten (10) years from the effective date hereof. Section 6. That the motive power for said motor buses shall be internal combustion engines using gasoline or other suit- able fuel or electric motors: PROVIDED, however, That in the event of the discovery of any new motor power suitable for such purposes, said grantee may use the same in the operation of said buses. Section 7. That all motor buses operated by said grantee under this franchise shall be operated subject to the provision of l any traffic ordinances of said city now in force, or hereafter en- acted, so far as the same refer to motor vehicles: PROVIDED, howeve , That said buses shall have precedence over all other vehicles, ex -1 cept Fire and Police Department vehicles and ambulances. Section 8. That the rate of fare for a passenger upon any regular line or route of said motor buses shall not exceed :f twenty-five cents for each passenger for one continuous passage in CONSOLIDATED-SALINA 1 the same direction within the limits of said city, and said grantee shall furnish such transfers as shall be necessary tc accomplish this result. Section 9. That said grantee shall equip its line with buses, properly lighted and heated to provide for the comfort and safety of its passengers, and shall keep the same in good state of repair, Said buses shall stop for the purpose of receiving and dis- charging passengers immediately before and after passing street in �tersections. i Section 10. That said Grantee shall carry insurance upon its operating equipment of at least $50,000 covering liability for personal injury to any one person in any one accident, $100,000 cov»- Bring liability for personal injury to any two or more persons for any one accident, and $10,000 covering liability on property dama?e re - from any one accident. Section 11. That, in consideration of and as compensation for the franchise hereby granted, and in lieu of all occupation and .license taxes, or other taxes imposed by said city, the grantee rshall pay to said city each year the sum of $30 per year per bus for the number of buses regularly operated on the established routes of said grantee, including the regular bus, if any, serving the Schil- ling Air Force Base, using in part the public streets of the City of Salina. Such sums shall be paid by the grantee to the city in two 'equal installments, on the 1st day of January and the lst day of -July of each year. Section 12. That this ordinance shall not be effective unless within thirty days after this ordinance is finally passed said grantee shall file with the City Clerk of the City of Salina, Kansas, its acceptance in writing of the terms, conditions and pro - .'visions hereof. Section 13. Grantee by accepting the provisions of this ordinance hereby agrees to hold the city harmless from any and all claims for damages and suits for damages growing out of or resultiniZ from the operation of motor buses of the grantee in said city except such as may result from or be caused by the act of said city or its agents, servants or employees. Section 14. That this ordinance shall take effect and be in force from and after its final passage, approval and publication according to law, and upon the grantee's compliance with the pro- visions of Section 12 of this ordinance. Section 15. That the franchise hereby granted may be transferred and assigned by the grantee herein or its assigns; and that in the event of such assignment ail of the rights and privileges herein granted and all of the obligations hereby imposed shall inure to the benefit of and be binding upon such assignee or. assignees. Section 16. The city shall cause to be set aside as bus `zones certain parts of streets along the route of said bus system for adequate accommodation of said buses in taking on and unloading' passengers. Section 17. The City of Salina or the grantee shall each, ''have the right to terminate this franchise by giving the other writ- ;ten notice of termination at least sixty days in advance of the date set for termination. The actual discontinuance of such service in said city by the grantee for a continuous period of ten days or more shall, except where caused by civil riot, strikes, acts of Cod, or some other such cause beyond the control of the grantee or assignee, operate as a forfeiture, and all rights and privileges granted under this ordinance shall thereupon be terminated. Section 18. In the event any part or parts of this ordin- ance shall be determined to be invalid, such determination of inval- ',idity shall not affect any other portion of this ordinance. Section 19. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. -3- CONSOLIDATED-SALINA Passed and approved by the 'Governing Body of the City of Salina, Kansas, this day of '1-1964. ayor 'ATTEST:, City Clefk 1 September 111964 Board of Commissioners City of Salina, Kansas Gentlemen: This is to confirm acceptance of conditions set forth in ordinance no. 6803 concerning my application for a motor bus franchise in the City of Salina, Kansas. We pledge to offer the citizens of Salina the best service possible. Yours truly, Donald L. Tucker City Bus Service