5237 Grant Bus Transportation System14
ORDINANCE 140. 5237
(First published in the jalina Jr,urnal 1047)
ANORDINANCE granting to ENOCH B. HARRIS and H. G. ANGI IBJ, doing business as Salina
Transit Company, a partnership, and their successors, assigns and lessees, a
franchise for the operation of a motor bus transportation system in the City of
Salina, Kansas, and repealing Ordinance No. 4551 and all other ordinances of the
City of Salina supplemental or amendatory thereto or in conflict with this ordin-
ance.
BE IT ORDAItED by the Board of Commissioners of the City of Salina, Kansas:
Section _l. Unless inconsistent with the context, the words, terms and phrases
used in this ordinance, for the purpose of this ordinance, shall be defined and con-
strued as follows:
1. The word "grantee" shall be deemed to refer to and include Enoch B. Harris
and H. G. Angwin, doing business as Salina Transit Company, a partnership, and their
successors, assins and lessees.
2. The word "person" shall include persons, partnership, corporation, association
and all other persons or combination of persons, either natural or artificial by what-
ever name he or they may be called.
3. The term "street" or "public highway" shall include all public streets,
avenues, boulevards, roads, alleys, parks, parkways, drives and all other public
ways used for vehicular traffic in the City of Salina.
4. The word "franchise" shall include all grants, rights, privileges or franchises
granted by this ordinance.
5. The term "motor bus" shall include all the vehicles in operation or put in
operation under this franchise by the grantee with all the necessary appurtenances for
the purpose of supplying and providing passenger transportation accommodations and
other purposes to the City of Salina and the inhabitants thereof and located within the
City of Salina, Kansas.
6. The word "CitlJ" shall refer to the City of Salina, Kansas, the grantor herein.
Section 2. That under the terms and conditions set out in this ordinance there
be and there is hereby granted to Enoch B. Harris and H. G. Angwin, doing business as
Salina Transit Company, a partnership, and their successors, assigns and lessees, the
right, privilege or franchise for a period of eight (8) years from the date upon which
this ordinance becomes effective for the operation of a system of motor busses for the
transportation of passengers for hire over, upon, along and across certain streets and
public highways in the City of Salina, Kansas, hereinafter designated, and such other
streets as may be hereafter designated in the manner herein provided for the purpose
of furnishing and supplying motor bus transportation accommodations to and from various
parts of said city to said city and the inhabitants thereof.
Section 3. The streets and highways over which said grantee shall operate motor
busses until changes, modified or extended as herein provided for are as follows:
(a) Route 1. Santa Fe Avenue. Commencing at Santa Fe Avenue
and Claflin Avenue; thence west to Ninth S'treet,thence
north to Minneapolis Avenue; thence east to Santa Fe Ave-
nue; thence north to Otis A -venue; thence :vest to Ninth
Street, thence south to Elm Street; thence east to Santa
Fe Avenue; thence south to Claflin Avenue.
(b) Route 2. Sunset Park-Ma,rymount. Cormencing at Iron Ave-
nue and biarymount Road; thence west to Ninth Street;
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thence south to Vlalnut Street; thence west to Eleventh
Street; thence south to Republic Avenue; thence west to
Highland Circle; thence south to Sunset Drive; thence
west to Funston Street; thence north to Funston and Sher-
idan Streets to Crawford Avenue; thence east to Eleventh
Street; thence north to Walnut Street; thence east to
Ninth Street; thence north td Iron Avenue; thence east
to Marymount Road.
(c) Route 3. Iron Avenue. Commencing at Iron Avenue and
Ohio Street; thence north to Ash Street; thence west to
Columbia Avenue; thence north to Elm Street; thence west
to Penn Street; thence south to Iron Avenue; thence west
to Eleventh Street; thence north to State Street; thence
west to Thirteenth Street; thence north to Bishop Street;
thence west and south on Bishop Street and College Avenue
to South Street; thence east to Baker Street; thence north
to Iron Avenue; thence east to Front Street; thence south
to Gypsum Avenue; thence east to Ohio Street; thence north
to Iron Avenue.
Section 4. That with the consent and approval of the governing body of the
City of Salina, said grantee shall have the right to change, alter or abandon
any or all of the routes specifically described in Section 3 of this ordinance
and to establish, operate and abandon such additional routes as may be deemed
necessary or proper from time to time for the purpose of furnishing to the City
of Salina and its inhabitants convenient and adequate transportation facilities
and to change and alter any schedule or service and the hours of service on any
route established by this ordinance or hereafter established as herein provided
for. The consent and approval of the governing body of the City of Salina to
any such change, alteration or abandonment of any routes established by this
ordinance or the establishment, alteration or abandonment of any additional
routes hereafter established or the alteration or change of any schedules here-
in or hereafter established shall be evidenced by a resolution adopted by the
governing body of said city and ublished in the manner and form required by
1 aw.
Section 5. That said grantee shall have the use of all streets and public
highways in the City of Salina for the carriage of charter parties and for the
furnishing of special transportation service to the public to and from fairs,
athletic events and other places of public amusement or entertainment not lo-
cated on regularly established routes of said grantee. Provided, that in the
event the grantee is unable s,t any time to use any regularly established route
on account of the temporary obstruction of such route by reason of public im-
;rovements or other construction work being done on said route or by reason of
any other temporary obstruction, grantee may operate such route temporarily
over any other available street until such temporary obstruction is removed.
Section 6. The minimum schedule headways or intervals of service and
hours of operation of the routes established bar this ordinance shall be as
follows:
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(a) Route 1. Santa Fe Avenue. Hours of Service: 6:00 A. 1r1.
to 11:00 P. 14. Headways or intervals of service: 20 minutes. --
(b) Route 2, Sunset Park-Idlarymount. Hours of Service:
6:00 A. 14. to 11:00 P. M. Headways or intervals of
service: 20 minutes.
(e) Route 3. Iron Avenue. Hours of Service: 6`:00 A. II.
to 11:00 P. L'. Headways or intervals of service:
30 minutes
Provided that hours of service on Sundays and holidays shall be from 7:00 B. 14
to 11:00 P. 1T. on each of said routes.
During rush :Hours the grantee may operate additional busses on any routes to
;provide additional service at more frequent intervals.
Provided that the hours of service and the ninimum scheduled headways or intervals
of service on any route hereafter altered or changed, or any route hereafter es-
tablished, shall be fixed in the resolution so altering, cnanging or establishing
such route and :provided further that should the grantee desire to alter or change
the minimum hours of service or scheduled headways of any route established by this
ordinance or hereafter established ao as to increase the scheduled headways or in-
tervals of service on any such routes, or to decrease the hours of service, no such
alteration or change shall be made without the consent and a;proval of the governing
body of the City of Salina and as provided by law.
Section 7. That all motor busses operated by said grantee under the provisions
of this ordinance shall be operated subject to the provisions of any traffic ordin-
ances and laws of said city and of the State of Kansas now in force or hereafter
enacted so far as the same refer to motor vehicles except to the extent that the
requirements in connection With the operation of such busses with respect to cross-
ing and turning at intersectlons, in drawing to or stopping at curbs and other
necessary movement in connection with the operation of said busses may conflict irlth
the specific provisions of any such ordinance.
Sect -"-on 8. That the .votive power for the motor busses operated by the grantee
under this ordinance shall be internal combustion engines using gasoline or other
suitable fuel or electric motors, provided, however, that in the event of the dis-
covering or use of any other motor power suitable for such purposes, said grantee
may use the same in the operat'-on of said busses.
Section 9. That in consideration of and as compensation for the franchise
hereby granted and in lieu of all occupation a license ts.xes, or other taxes
im,Dcsed by said city, the grantee shall pay to said city, each ,year the sum of
X30.00 per year, per bus, for the number of busses reg.zlarly operated on the es-
tablished routes of said grantee, including the regular bus, if any, serving the
Smoky Hill Army Air Field, using in part the public streets of the City of Salina.
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Such sums shall be paid by the grantee to the city in two eaual installments
on the first day of January and the first day of July of each year, the first
installment to be paid at the time operations are coriLmenced under the terms of
this ordinance for the remaining part, pro rated, of the semi-annual )eriod ori
�:I,hich such date occurs. If by reason of the establishment of additional routes
or by reason of change in head,mys or intervals of service on any route, the
number of busses regularly used in operating said motor bus system is increased,
the grantee shall pay for each such additional bus at the rate herein established,
pro rated to the end of such seri-annual period, the first installment to be paid
the time any such change is made, vrhich shall cover the s6mi-annual period ending
on December 31 or June 30 in lvhich such change is jiade.
Sect',_on 10. The maximum fares upon any regular line or route of said motor
bus transportat on system for one continuous passage in the same direction with-
in the lizuits of said city including transfer to a connecting route (as hereinafter
provided for), shall not exceed the following:
For persons over 12 years of age, each single fare 10 cents;
provided that tokens, tidkets or coulpons shall be issued, on
demand, by the grantee for the carriage of such persons at
the rates:
a. Tokens, 4 for 25 cents; and
b. Tickets, 16 for $1.00.
For cniidren under the age of 13 years, 5 cents; provided
the grantee shall issue, on demand, tickets for the carriage
of such persons at the rate of 30 for $1.00, provided that
no fare shall be charged for a child in arras, under 5 years
of age, MQen carried by a fare -paying passenger.
.And provided further that the grantee may sell at grantee's office or other
place designated by grantee, tokens, or commutation books of tickets or coupons
in quantities, to students, or other classes of passengers, for a. less sum per
coupon, ticket, or token, than above specified, at the discretion of the grantee.
All other books or tickets or coupons, and tokens, herein_ specifically authorized,
shall be available for 2urchase by passengers from the drivers of busses operated
by the grantee.
Provided further that letter carriers for the Post Office Department of the
United States, tier bile actually on duty in making, or returning to the Post Office
after making deliveries, shall be allowed to ride free.
The grantee shall furnish transfers tiRritnout charge upon the payment of one
fare for transfer from one route to another, good for continuous passage in the
same direction on the next available connecting bus timere it is necessary for
the passenger to use more than one of said d esi;Mnated routes to reach i .is des-
tination, but no such transfer shall be ood for passage up n any route by v:hich
the passenger may return substantially to his point of origin..,
Section 11. The grantee shall equip all motor bus routes established
by this ordinance or hereafter established with busses adequately lighted and
heated to provide for the comfort and safety of passengers and keep the same
in a good state of repair, and at all tunes during the existence of this franchise,
all busses and equip-ment used by the grantee shall be kept painted and in Food
repair and ;provided with good and sufficient lights and brakes which shall at all
ti.-ies be kept in prover working condition, and said busses shall be kept in a
clean and sanitary condition.
Section 12. The city shall cause to be set aside and properly narked and
designated as bus zones in the business district of Salina certain parts of the
streets along the route of said bus system, at intersecting streets, for the
aecoma;:odation of busses in taking on and unloading passengers. Such bus zones
shall be established at the right hand curb of any such street and at the far
side of the intersecting street, and in the business district where such zones
are so established and :narked, busses shall not stop for taking on and unloading
passengers at any place other than such established and riar'ed bus zones.
In residence districts and where bus zones have not been regularly es-
tablished and marked, such b-_sses shall stop for loading available passengers
and unloading passengers at the right hand curb of each intersecting street
along which such route runs and at whichever side of the intersecting streets
along such route as is most practical under the curcimstances and conditions
there existing.
Section 13. Grantee by accepting the provisions of this ordinance here-
by agrees to hold the city harmless from an,;- and all claims for damages and suits
for dex ages growing out of or resulting fro:r. the operation of :rotor busses of the
grantee in said city except such as may result frons or be caused by the act of
said City or its agents, servants or em )lo;,rees.
Section 14. Grantee agrees to carry public liability and property damage
liability insurance on all busses operated under the provisions of this franchise,
which insurance shall be written by some reliable insurance cozpany to be approved
by the governing body of said city, and z-;hich small be in the amount of not less
than 45,000.00 covering personal injury liability to any one -person in any one
accident, and not less than X50,000.00 maximum personal injury liability for any
one accident, and in the amount of at least X5,000.00 property damage liability
resulting from any one accident. Such policy or policies shall be in the usual
form of automobile liability insurance ,policies and shall be de-.,osited .ith the
City Clerk of said city as evidence that such liability insurance is being carried
by grantee, and any such policy shall provide, by endorsement attached thereto,
that it shall not be cancelled by the company issuing the sane except upr-n ten
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days notice to the City Clerk of said city, unless another yolicy is filed with the
City Clerk within such time.
Section 15. If the grantee shall at any time fail, netlect or refuse to obey
and com-)ly with any of the provisions of this ordinance for a period of fifteen days
after written notice is given to grantee by said city of any such claimed failure,
neglect or refusal, unless prevented from obeying or complying with the same by reason
of strikes, riots, breakdowns, or by Act of God or any unforseen casualty or by reason
of destruction of its pro;erty by inevitable accident, or by any act of the city in
violation of the terms of this ordinance, or bj injunction or other legal proceedings,
grantee shall forfeit all rights, powers and privileges granted b;r this ordinance and
the same shall be null and void; provided it shall have been decreed by the final
jud&ient of the District Court of Saline County, Kansas, or any other court of competent
jurisdiction that such forfeiture should be decreed and t',is ordinance deemed to be
null and void by reason of the unexcused failure or refusal of the grantee to comply
with or obey the provisions hereof.
Section 16. T.at Ordinance No. 4551 of the City of Sal na, Kansas, and any
amendments thereto, and al. other ordinances of the City of jalina or parts thereof
in conflict herewith, or which are supplemental to or amendatory of said Ordinance
No. 4551, shall be and they are hereby repealed, provided that said repeal shall not
take effect until this ordinance is fully in effect in accordance with its terms.
Section 17. That the franchise granted may be transferred and assigned by the
grantee herein or its successors or assigns; and that in the event of such assignment
all of the rights and privileges herein granted and conferred and all of the obligaticns
hereby imposed shall inure to the benefit of and be binding upon such assignee or
p
assignees.
Section 18. That this ordinance shall not be effective unless ,d thin thirty
days after it is finally passed and published according to law, said grantee shall
file with the City Clerk of the City of Salina its acceptance in writing of tris
ordinance and of the terms, conditions and provisions hereof.
Section 19. This ordinance shall be read in full at three regular weekly
meetings of the Board of Com:lissioners of the City of Salina and ii -n ediately after
its final passage, shall be )ublished in the official city paper once a week for three
consecutive weeks, and after such passage and p-L:blication, and after its acceptance
in writing by grantee has been filed as herein provided for, shall take effect and
be in force at the expiration of sixty days from the date of its final passage.
?rovided, that if any part of this ordinance is held to be invalid for any reason
by the final judgment of any court of competent jurisdiction, such judgment shall
affect only that portion of this ordinance so adjudged to be invalid and shall not
affect the validity of any remaining portioi: of this ordinance.
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First read in full at a regular weekly meeting
on July 14th, 1947.
Read in full at regular weekly meeting on July 21, 1947
Read in full and finally passed at regular
weekly meeting on July 28th, 1947
A. L. Noyce
Ivlayor
Attest: Chas. E. Banker_
City Clerk
STATE OF FXTSAS )
COMITY OF SALI •:E )99
I, Chas. E. Banker, City Clerk of the City of Salina, !ansas, do
hereby certify that the above and forego'_ng is a true and correct copy of
Ordinance No. 5237 passed and a.)proved by the Board of Corluriissioners of the
City of Salina July 28, 1947; and a record of the vote on its final adoption
is found on page Journal No. 17.
City Clerk
ACCEPTANCE
EliOCH B. HARRIS and H. G. AIIGb7IN, partners, doing business as Salina
Transit Company, do by these presents accent Ordinance Number 5237 of the City
of Salina, Kansas, and do agree to the terms, conditio s and provisions thereof
and do assert that each of us have fully read said Ordinance Number 5237.
Dated this 25th day of August, 1947.
Enoch B. Harris
H. G. Angvdn
Partne "s, d/b/a Salina Transit Company
State of Kansas
County of Saline) ss
BE IT RU,EljIBERED, That on this 28th day of August 1947, before me, the
undersigned, a Notary Public in and for said County and State, came Enoch B. Harris,
to me personally knovm to be the same person who executed the foregoing instrument
of writing, and duly aclamovrledged the execution of the same.
III li"ITIIESS 7.7"HEREOF, I have hereunto subscribed my name and affixed my
official seal on the day and year last above vjritten.
lily Cormission Expires: Feb. 18, 1948 Adeline Nelson
Notary Public
State of Kansas )
County of Crawford ) ss
BE IT RE:EIfiBERED, That on this 25th day of August, 1947, before me, the
undersized, a Notary Public in and for ��aid County and State, came H. G. AnEwin,
to me personally krovm to be the same person who executed the foregoing instrument
of writing, and duly acknoivldged the execution of the same.
III I,�ITNESS ' TLREOF, I have hereunto subscribed my name and affixed my
official seal on the day and ,year last above vrritten.
Ly Co..mission Expires: January 24th, 1948 I:Iary E. Schneider
Notary Public
"i rs t oubli ,hod in th.o Sal in?.. Journal LU3 0 A • _62_3,3.__, 19,17)
5237
fF Gk?DT , CIIJCE Frantin< to ZI.-CCH B. rLStci;IJ and 17. ,x. :,'k ,-;IIN ioing
01,1siness as Salina `transit Company, a partnership, and theiI' sucr.',essors,
assi;:_ns and lessees, a franchise fur the operetiorl of a motor bue,, trans-
i;orta ion stirstc:n
n
the
:;:it r of Salina,
Kansas,
anr3. repeslir,7, Ordinance
o. 43,;1 H.nd all
otk;.er
"l e ;rorc,
ordi-nances of the
Cit;,r of
Saki is su, {:leT,:e;,tn1 or
a;ie!1;.5:tOI'_" t'leretU Or in contllct 'v t. til t'_ls ordLnance.
t� r 3G?itD O7�' CG;, �IS ��� Oi'
TK' i ^ r
Clii l:c `�J::-1 S :
SECIPTO,T I. Unless inconsistent w th the contixt, the words, terms
and phrases used in this ordinance, for the pur-1--ose of this orciirance,
shall be defin.ed and construed as follows:
1. The .ero rd "-ra.ntee" s';15311 be dee'Yed to refer to �ul.d in-
^.111de Enoch }3. harris arid I.I. ?% Axi,"-Sin, doin', ,usiness a.S Salina. 1"a.i ,g'i t
t07.p•an�r, a r_)Frt.nershl.7c, Lind their Successors, asSi,Ls and lessees.
The word "person" shall include persons, partnership,
corporation_, association and all Other persons or con -Iain tion o' persons,
either 'ta1;'_ir7a�_ or b- whatever name iiP, Or file 18.?T be
3. i'he tend "street" or " ;ublic hi. Y�.�ra.vr" shall include a,l.l
Public streets, avenues,
boulevards, roads,
allc,rs,
par, -,s, park a,,'s, drives
and all other public .,:-a-s
1.1sed for vehicular
traffic
:in tl,e C:it-? Of op., a.
"l e ;rorc,
"fra.iehise" s Iall
include
all r'r^n:s, ri`;l, s,
privile es or franchises
-ranted by this ordinn-no'e.
teY�a "motor bus" shall
include
all --le venic,es in
Onerai;i0?"t or pt; Jr opeY•a 1oYlLinder L' is fr;�a e',ise bar tiie rt1t'Be with
all the Y1vC8SSar�% a :plirtG'T1anC2S for the ;�llrpo is Of S1�1'>i J,r4 • ^1_id
pa.ssen�,er transportation acc;o?lmlodations aiCi (-)thc:r purposes to the Cit of
Salina aT-d the inhabitants thereof and located .Fithin the Citzr of Salin=e.,
Kansas.
o. ."he word. "Cit -y" shall refer to the City of Sa.l:i.na,
Kansas, the ,,;ranter herein.
r
SEC21ON 2. `.l'}7at Under the tenis and CO'2C 1 is OI1S set out In LlhI s
there here ti)e `Ind t -here is lJerl:'o'.i" ''ranteG to ,']lOCt.1 'a.1"r•iS --.,,nd
8,-S Salina Transit C oM}" :'.rtv, a
--d 'their successors, assi''ns and lessees, t} -.r' r]. "_t, pr].viloo-e or
fr�1 ;c:.i re f nr a period of ei-�ht (8) ;.rears from t'le date umon , ;li.c}, t1)i s
ordinance betane3 ef'fectiv?, for t' -;.e onerc.i.io n of a S j stei,i o,' mc,tor busses
fort }'.e trar_scort8"tin3? of passen"'6rS for }Jre over, upon, -.l:'t_ and
,1C1'OS;; certain Streets and r)Ubl1C )11.P'}1VIt,�TS In ihG f:l_tl% of �ai17.77z rE#fiSc'i ,
}'c?re:ina.ftE:r Cl.eSi'c7nrateCl, _q11i_aliCil oL;tie'C' 9treets, as T'la.;r be }?Prei'.1'i;er des---,-
_flteG in t%:e mannerleriYl provided 0I' '-he pi. rnrose I' furnisflir...�_ aild sup-
,.l-'inp- motor bus transportation acoom-imodailol'S to ancl, fror vari.Cus parts
of said cit -v to SE.-ld city an(1 the inhabitant -.9 thereGf.
J
SEC ,.]' -f iC'.,c J• The he Street. and S OV_ I- b"��' �. Ci'
nnera'e. liioi:Gr Gu::E:S url'k Cf7',I1'stes, .iron-ified Gr ex1:oy",e':1 .^.s herein
N.rovit.r,,-'i _"c r are �., s l lmvs `
\ r
?./ Ol.lte l• �ant<+, ie, ri.verme. Cor!ulienCinc at, ?2."�..2 i'e AveYtue
acid 01,cLflin :',vern.ie; thence• vrest to � i.ntl� Strect, thence
rort-h to _IAmea-r,oI]s liverlue; t'_1eI1Ce east to _Srintr 'e _ Te -
Lie; t'.•le"CE 1l<�1't};. 1;Q C(.is 'V"111eC t:".e''?0e 7,,('St t - it. rth
Street, thence s of;,t}7 to P11.TTi Stree.l ; thence east to San tai
Hp .-_veYlue; tlIe'"'.Ce solid"i to Cl `;.f i"i..n iVPIiuP..
Rmite 2. Sunset Park-' arznnount. Co�Lriencin�', at, iron iive-
nue Find _.carymou-nt i0?d; thence -rest to ,lI'l'�:Y_ Street;
thence lout'', to ."':1rIU Street; thencF: vres, to uleverith
Street; thence south to :epuulic _Lven.ue; thence -west to
l i.Mhlrnd Circle; thence sou(.1-1 to Sunset Drive.; t :enee
1,%ccst to _FunSton Street; thence nerd: , 'il2lS4 on flf1C.1 Jher-
id.a.r :streets to Crawforcl <lvenue; thence east to Elevcnth
Street; thence nort!% to ':alnut Street; thel ce east to
dint h. Street; hence north to =ron +ivent4e; the7'.('E- east
tc. ,..r�.r�nroun t Road.
kc zoute J. Iron }:venue. Commencing at iron ."avenue olid
Chlo Street; thence north to lisil Street; thence wrest to
Columbia Avenue; thence north to ElII! Street; tl_ence Vest
to i eiui Street; thetice south to error r_veniie; t _,ence -rest
to Eleve?:,t}1 Street; thence r.ort:'_ to State Street; thence
west to '2'.-.irt:eenth Street; thence nortiii to Bishop Street;
thence wrest and sout-1-1 on cishop Street and Coll.e;-e :,venue
to Noutli utreet; thence east- to Baker Street; tl,.ence.
north to iron r'ivenue; thence east to l''ror:t street; thence
SGUth, t0 s r�suTP_ _s.verue t}lel.Ce ecLS"t to Ohio Street-;
thence north to Iron 1`ivenue.
SECTION C..
That tirith the consent eim! anproval of the overnin
body; of the City of Salina, said grantee shall have tele ri:;ht to chan,re,
alter or abandon ani, or all of_' the routes specifically described. in Sec-
tion C; of this ordinance and to establish, o_r_)cra.te arld abandon such
addi kional rCut es as Iia-,.' be dee-;ed rete 3sarlir or proi'ler from timE:: i;o t1M.(-
.
for the ;rur-pose of furIiishi..n'•, tO ti..e Cjtti o.C' ' aii.na. anis its inh.^-.bita_nts
conve:niert and adecuate transportation faeil ties and to eh -an• e and 9.1 -
ter .an7- Schedule or service ar.d the hours; OP SerViCe CIP in,,, rotate est.a"J-
listed bvr this ordirnnce. or iierea.ftor estah)lished as herein provided for.
"he consent and approval. of t}le ;overninx' body of the Cit,,, of Salina to
an -,y such �a terati nn or a kgndomneT't, o i' a�. ,r YO 1 a 5 P c
t P..b i i Sn a d ,.; y
this ordirpnce or the establishment, al..teration. or a.bandonr!ent oI Rn y
addsl-,ional routes Hereafter established or t,e alteration or char -e of
any schedules herein. or hereafter established shall be evidenced by a
resolution adopted bir the-overnin- bodzT cP said cit,,' and rubli.shied ill
the r..a.r per and fon-,i recui.red by lm,_
"_ E ✓' SECTION 5. TIla+, se.id grantee steall have the use of all streets
and yublic highways in the Ci.+,,. of Salina for t'_ -,e carria.^e of charter
parti,as _d for tie flurnishinf> o]" Special transportatl.On s ervine'. to +;he
';ublic to a_ -id from.. fair, athletic events and other :laces of -ot.ibi_ic
a usen!ent or entertainment loot located on re"i:.larl,y established routes
of said Erai�tee. Provided, that in the evelrt the ,-:•rar. teP is unfi`,le at;
«"'y time to use any re-,ularl,,', established route on account of ti;,. cem.-P-
orary obstruC"i.ion of suCYt rout.o by, re! -.son of public improve^terga or
other corstrurtion work: bein- -done on Said route or b17 reaSOII Of any
Other temporary obstruction, L'rantee operal-,a such route
over an,.- otl'er available street until such tenporary obstruction is re-
ir_cved.
.`�C1I(''1'v O• 'he minimum schedule headways or intervals of service
and hours of operation of the routes established bz> this ordinal7ce shall
be. as fol] olvs:
( .) Route 1. �;ani:a Fe Avenue. H'Ou.rs of Service: 6:00 A.T .
to 11:00 P.i`. Headways or intervals of service: 2.0 minutes.
(b) Route 2. Sunset Park-:_arynount. TIours of Service:
to 11:00 !'.IV!. eadvftays or intervals oi:' service:
20 minutes.
(c) Route 3. Iron 'venue. Hiours Of vervioe: 6:00 =,. ;':. to
11.:00 P.L. 1±eadixays or intervals of service: 30 minutes.
Provided that hours of service on bundg7s and holih7s ShAll be
from 7:00 a... to 11:00 Y-:- on each of said routes.
During rush hours the grantee may operate aiditiorql busses on an7,r
route5 to provide additionAl service at more frequent intervals.
- rovided that the hours of service and the mh
minimum scaduled head -
ways or intervals of service on any route hereafter altered Cr chanyed,
or anV routi Wereafter established, shall be fixed in the resolution so
alteriw, chanTinq or astablishin mion route and Provided further that
shout l the Zrantee desire to alter or chanEe the hours of service.
or scheduled headways of mny route established by this ordin%nnp or here-
after established so as to increase the scheduled headways or intervals
of service on app such routes, or to decrease the hours of service, no
such alteration or char shall be made without We consent and 9-proval
of the Zover ninj body of the City of Salina and as provided by law.
� .SECTIOH 7. 2hat all motor busses operated by said grantee under
the provisions of this ordivance shall be operated subject to the yrovi-
Mons of any traffic ordinances and laws of said cit, and of the State of
Kansas now in force or hereafter enac hod so 2ar t"(^ z,:e r,-?fer to otor
vshiclas exce-A to the extent that the raniremarts in wcnnea5ion.:ith the
operation of such busses MY respect to crossin: and turrin� at intersoc-
in
dranipn
to
or sta,jpim
at curbs and other
necessary
Yovaient
in
connoution
ML�
the
operation
of
sail busses naZ conflict
with the
sneaipic
provisicrs V such ordinance.
swin S, That the zotive power for the motor busses operak& 1
On mn-nne -nAer this ordinance styli bu internal combustior an,nnes us-
in� wccline or othor sHi.able ^-. el or electric watcrF, jr,vid)I,
thn4 iA Me event of the discovering or use of ary Abor notcr powcr suit-
able Per such nurl)oses, sRid nrantee may use the smne in tno operation cf
saia buss,6.
9. Mat in consideration o? a,j as cmiucnsatior Par thr-
frEnchise hereby wranted and in lieu of all occu patio 1 :n,_ , I ,ice n,'e t axes,
1 1 -_ _.
or othsr Axes imposed bI said citY, the Xqrtea shall v47 to saij city,
each year the sun of U30.00 per year, or bus, for the nunber of bnss,S
reyularly operated on inc esbyblizhed rcutos of sai' rvrtee, ircluddnZ
the regular bus, ir ar7, serving the Smoky Hill Army Air Geld, usi,
in ci�k t%a jiblic. streets of the Oily of t1__. b"ph SNTS shall N
paid My Ve Irankee to the nit: 1� 5auaj instmliments on the pl,,t
Say
of javwgry and the first day OP July of ench year, the firstirrQll-
ment to be paid at the time operations are cotnnae.nct,1 tu,,,lder theof
thid ordlaarce for the roonVinE part, pro rated, of hho semi.annuRl
pariod in whiah such date occuru. Tf by reason of the eatablishaant of
additional routes or by reason cc chanqa in haadways nr &tnrvjl8 of
service or any route, the n,=1er of ]Dussss regularly used in operatin,,,,
5aid motor bus system is incroasod, v pay for each suc.a
alditto nal ous ut the rate herein estoblished, pro rateto thn enj of
sash smai-annual Veriod, the firot installment to be paid the the time
any ouch chanje is made, wlcich shall cover b4e semi-�xnnu-ul -period enrf,-in.�;
on Deceaber 31 or June 30 in which such nhanze is made.
S=TICY 10. The naximum fares upon any reculur line or rcute )!-
motor
?
motor bus transportation system for onc continuous paswa,e in the sane di-
rcation witUn the limits of said city includi,, braLsfer to a confe&07-1
route Ps hereinafter provided for), shall not exceei the follogip,-,
Tor nersons over 12 yearo of age, each single "are 10 ;e,^%;
;�rovided %hab likens, tickets or coupons shall be issued,
on dwa4nd, hy the jrontna Tor the ..,....1'.-.,1- _.Q such yer3Dys
Rt the rates:
a. Tokens, 4 for 25 cents; n,l
b. fickets, 16 for J,00.
?or children anjer tho a�e of 13 years, 5 cents; qrcvidei
the 7rantee shall `Ls sne, on-d4nvnd, tickets for the
carriaTe of such percons Rt the rate o 30 Qr i. 00,
provided thst Q fara shall be c5arZed for a child 3r.
arms, under 5 years oV a -o, Ylan carried by ,fare-
1� 7asser-er.
farther thnt the grante, ra; sell at Zrantoe's office or other
place desi,natel by Zrantoo, tokens, or cousutation book, t1 tjn
10Ps i" Qwyhitien, to
stilenbo
or other nilsonn
of "assan-ers,
"or a less
sum ye- coupon,
ticket,
an token,
tW Uba-vo sloecified,
it
ths
discretion
ar 40 �rantoe,
!I!
ks
of tickets or oou,on3,
05d
hchens,
>ernin
Waifivally autiorized, shall be available fcr )rchase by passnn7ers
f2om LAD drivers of busses oeras aq by We :raatee.
Provided further that let:tor carriers Tor ' m iost office, Depart-
ment of the United Mates, while actually on duty in making, or returning
to the Post Office after making deliveries, shall be allow -e! to ride free.
the grantee shall furnish t:ra*rsfors `,ithoU% chsr=--'e upon i ,aynae-c,.c
of one fare for tr Rsfer frt ^' one route to another, good for continuous
passage in the same direction on the _"text available tonne : yin, bus va'hero it
is necessary for the p a o emer to use ".ore 4i..ap too of said des? :fated
routes to roaci? his 'desi ia4hion, but no such tra sf .r shall Ile"'00. ,?
for t,,a.S-
sae ll,:';on any route b t'passenger returnsubstantiallyis
` �' Jt`li1 1."� the",l al_� L
point of ori jin.
The grantee shall equip all motor bus routes a s tab-
l iche L by this ordinance or heroafter es tlui li sho i witi bosses adequately
�r
'i iia.,
liahted a.nd leated to provide for.t'he comfor,t._ and safety o-
uaosem,pors x;1,1.
keep `he same in a good slate of repair, and at all times rl' r Y); u_,o exist-
once
a n
,Acte o�. this franchise, all busses nnd e .aril._., N t used ythe 7raAas shni!
bee _-and - � i_-ood ray _r d:1 -Dro r lei with "voi .i
id sufficient
linhts arid. brakes i?- _l at _;e
_ ra:' �cr1 shall all rises be •,t in nroner wc,,ri,:ir, coir-
,.,. _
:).it ion, and said busses shall be kept in a clean An& E'. nitrit'd Ci):_jition.
m ' oEi:'i.LCY 12. The; c 1 qtr shall cause to be set aside and prclerly
ra.r: c L esi aated as bus Zones in _ ho business district of Salina-
certain
a:inacertain parts o _ the streets aloe- Lin route off' sai< bus sysber, Ph ',tt e
sect '_ _ streets, for the accoaniod tion of busses in t`.;'in=• on .iW unloa.Qla'?;.
passengers. Uuuh bras Zone's shall be ebt ablishad at the AM hand curb of
r=.r ac'_ ;,root ani' , t S i.
a3. S1 $ ') Ai tii8 far side Of the irtersectirn St:rF.'Pt, 8':hd 1_'1 the
business district where such zones are so established and ,'tarkod, busses
shell not stop r ,
,_ .for i;�.:�,._1t., on �r11 unloadi.r . �;as^i. •ars at 3rl,r place other
f _ _
than such rst0lished and `Barred bus ,zones.
% residence districts and where bus Zones have not been
regularly
established and marked, such busses shall stop for loRdir, Rvail`t le ;ats-
senCers and unloadi_1 passel ac's at the AM hand curb of each ir"' Gersect-
KX rc<.t, alon7 Vdi,1.Cr Slic'1 roKa i'?InS ..(.J. at Mi',hc,'..,.e side ,. i M i'2tC'C-
seebi_n.- streets alo.ny such route as is most practical under the Moon -
stances and conditions there existing.
t
C
OSLCTIOiT 13.=r r� ee b- accept -r1 the provisions ni trii s ordin-
1Ce here) yi a rx'ees to hold elle 'i t-; h--LrC112ss from, an,,, ?.11 cl a Tots for
i:i,',s and sults for dam5-'es " ar n �t'r, fl"r?i the Oalr`..
:, ""rO l:.. Oi;; O-� Or reSU_t i_
tion Of ,motor busses o!' t'',e -rar-tee Ln said Cit.," except such 2s may re -
stilt 'rom .;r be caused b tl 1Ci of said City or its �%'cI!;;5, �e a +'•
rv.ar s o .
e,rao- ees.
>��, i.%i; 14.
Tran tee a tees, t0 CsrTv
Llb::1C li,
-lllt�r aro r0p-
ert,r d nP.;e liabil-itzr
insuran.ce on all �)ussos
opera�,;eu
unuer rrovi-
sions of this fra,,-1c ise, whiCtl insura,•lce small be ''7T1'ttcn b'.' SOiCG' reliable
insurance com-lany to be auprove'i Jar the ,overninv- bOdv Of Said city, and
wj' iicn. shat -I be in the f)S.lourk. O.f not less, than X15,000.00 Coverin:-, perSo_ial
in'ur;;r liability T to any one >erson in any one accident, and not less titan
;50"k,JOsJv iitaxJ.ilu7il perSO ai l izr1' ilfltl]_1-t 1r I 1r1 oneaCf _7E?1t, �11rj in
t %:e a111CrnnP -. of at, least, 3,000.00 pro_,art,r darta=r•(--,, liability res 71tin ; _front
one accidcrt. ;>iiCh! colic- or policios shall be in the osu`Li Vor',i of
a'utOMOb i le liability 111Slir ]_1Ce 1)o1iCi_es Si `ill be .�eT:7c)Sl tPd 1''I.i t i1 the
l it- miler]: oil saiJ cit, as evidence that such liability i'nsur;?17.0 1S JB"int
carried b.,,-rantoe, and any sv.ch pol „ s',,all provid,-7!, b: er .. r1 `
ldo
aF,tacl'ed thereto, that it shall. riot be cance=lled bt the co1n ,3 issuing
the s,-jne excelm" uLoon ten days notice to the "it,, Ol'er'�: of seic' city, un-
less an.ot'1er poliC,r is filed PJitl7 the Ci'C-Nr Cle2'1_ -,^.rj L"a!n Suci1 7lfto.
if tile xraxitee stns., a any gin? �
11 t a__;, time, f.ai1, aelec� or
ref-,zse to obey land Com )ly wit -h any of tale provisiorls of tilis ordiYl%itice
for a "period of ifteo_n da s aft -.r v7ritGe1 notice is Viv'.',7'_ io cr`3.ntfee bar
said city of a.n,v such claimed failure, se"ler,t or refusal, unless prevented
fro•n obeyin,-, or con,plyin ; vrit;.: th.e same by reason of strikes, riotls, br;ak-
downs, Or btr ict of C* d Cr anly iinforoe?-en ca.su-;ltv or b T reason Off' destruc-
tion Of its pro-oert,r by inevitgble accident, or by an}r ,act O:" the Citi' in
viol, -).tion of the tel'^_"is of' t' -i9 nrdingncf',or b,> �in`l
unction. or other ler;Rl
ro+.ntee shall fort e i t a.ly ri' ~its, p0vdP,rs art'_ -,rivi to 'e.s
<'r^ntf-d oy this ordinance and the sa e shall be null -md void.; p;^OvidFd
it shall .'leve been decreed blr the find.. Judet:tent of the Court Of
Saline Count;.r, Kans-ts, or ai1 r Other court Of' COT''_i;eto'it ji.iris(li:;'t: On that
such forfeiture should be decreed and tl;.is ordinance dee :tea. to be null
and v07..d by roaSon of the unexcused failure Or refiis.zl Of, the rante9 to
Read fir_ rIu11 at re. .filar ^.eeklv n,eeti,,, Jul
on . _._ter'5ty 1947.
Read ir full and f inall,'I passed at re7ula�.r
eskl r =;eeti 17 o?: July 28th 1947.
comply with or obey the provisions hereof.
SECTION 1S. That Ordinance Ivo. 4551 of the Cit;' of Salina,
Kansas, and an;;,, amendments thereto, and all other ordinances of the
City of Salina or parts thereof in confiic`, heretid.-F;h, or Jich are sup -
elemental to or amendatory of said ordinance iTo. 4551, shall be and they
are hereby repealed, provided that said repeal shall not take effect un-
til this ordinance is fully in effect in accordance with its terms.
^ k
SECTIOl4 17. That the franchise hereby granted rr_a;r be transferred
and a.ssi ;ned b IT the ; rantee herein. or its successors or asci; s; and that
in the event of such assi-nment all of the ri?-hts and rrivile-es herein
.:;ranted and conferred and all of t'.e obli,Mations hereb- imposed. shall in-
ure to the benefit of and be bindin_r upon sucf7 assi_-Inee or asci~nees.
aaC'�'IC;h� 18. That this ordinance shall not be effective unless
urithin thirt« days after it is finally passed and rublished accordir- to
la"T, said >rrantee shall file ; illn the Cit-, Clerk of the Cit-- of ; a.l.ina
its acre -tante in ,,rritin ; of this ordinance and of i;he terms, conditions
and -Orovision.s hereof.
�1 r.
S C':�Ic)N 19. This ordinance shall be read in full at three re. -u-
lar weekly meetings of the 3oard of Commissioners of the City of Salina
and irLmediately after its final passage, s}iall be published in the offi-
cial city paper once a zreek for three consecutive weekks, and after such_
ossa e and ubl i.cati on, acrd after its acceptance in wri tine by , ra.ntee
bas been -Piled as herein -.,rovided for, shall tai>e e`'fec'"- and be in
force at the ex;i.ration of sixty da,,rs from t%i.e date of i s
1'7o\ri'aecz, th^t '.f an- Hart o t.is ordinance is i
:attest
Cle_r1C
AC CEPTAEI C E
ENOCH B. HARRIS and II. G. INTGti4IN, partners, doing, business as
Salina Transit Company, do by these presents accept Ordinance Number 5237
of the City of Salina, Kansas, and do agree to the terms, conditions and
provisions thereof and do assert that each of us have fully read said
Ordinance Number 5237.
Dated this - -'L day of Y 1947.
-Enoch 13. Harris
H. Gj Angwin
Partners, d/b/a Salim;. Transit Company
State of Kansas )Ss
Counter of Saline ) �)
BE IT RETIE�:IB BRED, Th, -.t on this ;' � ay o' , 1947, before
me, the undersigned, a Notary Public in a.nd for said C4unr d.State, came
Enocn B. Harris, to me personally known to be the ss.:e pers who executed
the foreE7oinf; instrument of writing, and duly acknowledged the execution of
the same.
IN 1V%TIThES: 'AHEREOF, I have hereunto subscribed nv nat::e and affixed
my official seal on the da- and trear last a',ove written.
G
�Y Cor^ni.,sion Expires: /�, /9 i_zt
� Taotary Yub o
State of Kansas )SS
County of Crawford )
BE I'T REI:I's X371. 7D, That on this ] day of _, 1947,
before me, the undersigned, a Notary Public in and for said ounty and
State, came Ii. G. Angti-,rin, to me personally known to be the sa-ie ?.person who
executed the foregoinfr instruri-,nt of writin;!-;, and duly aeknowled;;ed the
exec,.ition of the same.
IN FiITNESS 1P!HEREOT,', I have hereunto subscribed my name and
affixed nrr official seal on the day and near last above Varitten.
;�'ry Commission Expires:
Notary ulalic
Padgett's—Salina
Affidavit of Publication
Following is a true and correct copy of___________________________ Ordinance Number___5237__________________________
together with proof of publication of the same.
AFFIDAVIT
IEarl C. I;oodward
------------------------------------------------------------------------------
being first duly sworn according to law declare that
Iam the----------------- Rusiness------------------------------------ -----
manager of the --------- alina_ J-----------o.l-urnp-------------------------
a newspaper published in the City of Salina, Salin(
County, Kansas, and of a general circulation in saic
city, and continually and uninterruptedly publishes
for more than one year prior to the date of the at
tachedQrdina.ne
------------------------------------c-----------------------------------------
and that said..........Qrdina-nce
- - - - -----------------------------------------
was correctly published of the date of___Julr__3Ci,__,
Au-r-utst__61__1S1____194-7_---_, and further I say not
------------------------------------------------------ ......................
Subscribed and sworn to before me----------------------------
--------------
____ ______________________
---------- ............... "�-- --- 1947.
-- ---- ----- ---------------
NoTr Public.
My Commission expires___ y- --------------