45516s
ORDII11410E NO. 45051
xi ----the Salvia._sLo�aJ�.e.�._______Jul_24=
AN ORD"1TvT11NCE granting to The Salina Transit Company, a corporation;
its succdssors and assigns the right to maintain and operate
over, upon, along and across certain streets, alleys and public
highways in the City of Salina, Kansas, a bus transportation
line with all conveniences and necessities necessary or useful
in the operation of the same, prescribing the terms and condi-
tions thereof and relating thereto.
BE IT ORDAINED by the Board of Commissioners of the City of Salina,
Kansas,
Section 1. CONSTRUCTION OF TERMS: Unless inconsistent with
the context, the words, terms and phrases used in this ordinance..
for the purpose of this ordinance, shall be defined and construed
as follows:
1. The word "Grantee" shall include The Salina Transit
Co:pany, its successors, assigns and lessees.
The word "Person" shall include persons, partnership,
corporation, association and all other persons or combination of
persons, either natural or artificial by whatever 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 "City" shall refer to the City of Salina, Kansas,
the grantor herein.
Section 2. GRANT: That under the terms and conditions set out
in this ordinance, there be and is hereby granted to The Salina
Transit Company, a corporation, organized under the laws of the State
of Kansas, its successors, assigns and lessees therein called grantee)
the right, privilege or franchise for a period of fifteen years from
the date of the passage of this ordi ance, to own, maintain and operate
over, through, along, upon and across certain streets and public
highways in the City of Salina, Kansas, hereinafter designated, and
such other streets as may be hereafter designated as herein_ provided
for, a motor bus transportation business and industry for the purposes
of supplying, furnishing and providing motor bus transportation
At
( accommodations to and from vara<.us parts of the said city., to said
city and the inhabitants thereof.
The streets and public highways over which said grantee may
operate its motor busses and the schedule upon which the same shall
be operated, until changed, modified or extended as herein provided
for, are as follors, to -wit:
1. Santa Fe Avenue Line - (Wesleyan-St.Johns). Commencing
at Santa Fe Avenue and Claflin Avenue; thence west to Ninth Street;
thence north to Minneapolis Avenue; thence east to Santa Fe Avenue;
thence north to Elm Street; thence west to Ninth Street; thence
north to Lincoln Avenue; thence east to Santa Fe Avenue; thence
north to Otis Avenue; thence west to Ninth Street; thence south
to Pacific Avenue; thence east to Santa Fe Avenue; thence south
to Lincoln Avenue; thence west to Ninth Street; thence south to
Elm Street; thence east to Santa Fe Avenue; thence south to Claf lin
Avenue; at intervals of twenty minutes in each direction, 4 om
6:40 A.M. to 11:00 P.M.
2. Iron Avenue Line - Commencing at Iron Avenue and Marymount
Road; thence west on Iron Avenue to Eleventh Street; thence north
to State Street; thence west to Thirteenth Street; thence north to
Bishop Avenue; thence west to College Avenue; thence south to South
Street; thence east to Twelfth Street;: thence north to Iron Avenue;
thence east to Marymount Road; at intervals of thirty minutes in
each direction, from 6:45 to 11:00 P.N.
Provided, that such routes and schedules or any additional
routes or schedules, or any modifications of changes therein, may
at any time be changed or altered by ordinance duly passed by the
City of Salina and the acceptance thereof by the Grantee; and
provided further that if any part of any such route, either original
or as altered as herein provided for, is obstructed or made im-
passible by reason bf paving or other public improvements or other-
wise, the governing body of the City may designate a temporary or
alternate route for such busses during the continuance of such
obstruction.
Section 3. COMPENSATION: That in consideration of and as
compensation for the franchise hereby granted, and in lieu of all
occupation and license taxes, the grantee shall pay to the said
city the sum of Fifty Dollars per year, said sten to be paid in
two equal installments of $25.00 each, on the 1st day of January
and on the lst day of July of each year that said bus system is
operated in said city, the first installment to be paid at the
time operations are commenced.
70
Section 4. INDEMNIFICATION: The grantee, its successors or
assigns by accepting this ordinance heroby agrees to hold the city
harmless from any and all claims, damages or suits for damages growing
out of or resulting from the operation of its motor bushes in said city,
and said grantee hereby agrees to indemnify and hold harmless the said
city from any, every and all claims or suits for damages to person or
property and from every other claim which may arise onaccount of the
operation and maintenance by said grantee of its bus transportation
business under the terms of this franchise.
Section 5, INSURANCE: The grantee, its successors or assigns,
by accepting this ordinance hereby agrees to carry public liability
and property damage insurance on all busses operated under this
franchise, which shall be written by some reliable insurance carrier
or company and shall be what is known as Five Thousand ($5,000)
Dollars and Ten Thousand ($10,000) Dollars limits, such policies
and the conditions thereof to be approved by the governing body
of the city, and such policies to be deposited with the City Clerk
of said city, or to furnish a bond conditioned and with sureties to
be approved by the governing body of the city, to protect the public
and passengers on such busses against damages resulting from the
negligent operation of such busses, or to furnish such other form
of protection and security as may be approved by the governing body
of the city.
Section 6. CONSIDERATION: This franchise is given by the City
of Salina, Kansas for the purpose of obtaining for the inhabitants
of said city adequate transportation accommodations in and about
certain parts of said city, and in consideration that such transporta-
tion accommodations are supplied and furnished by the said grantee.
The franchise given by this ordinance and operation thereunder
is subject to all and every traffic regulation now in force and
effect or which may be put into force and effect by the governing
body of said city, except such as may be specifically in conflict
with any of the requirements of this ordinance, and such other
reasonable regulations respecting the operation of such busses as
may be provided by said city by ordinance duly enacted for such
purpose.
Section 7, OCCUPATION: The grantee is hereby given permission,
authority and the right to run and operate busses along, on, upon or
across such designated streets, public highways and alleys in the City
of Salina, Kansas, as may be reasonable and necessary for the benefit
of the public.
Section 8. OPERATION: The regulations as to the busses of
the grantee and their operation and maintenance is as follows:
l..That at the commencement of operation under this franchise
the grantee shall place in operation at least three new busses
of a type to be approved by the governing body of said city and,
within a reasonable time after the commencement of operations under
this ordinance, at least on bus, in good, service*ble and safe
condition to be used as an emergency bus, and when necessary shall
replace any worn out or obsolete busses with busses of such kind
and in.such condition as may be approved by the governing body of
the city, and when necessary for proper service to the public shall
place in service such additional busses of such kind and in such
condition as may be approved by the governing body of said city,
as may be necessary to properly serve the public needs (provided
that such additional equipment may not be required by the city
unless the probable income or returns from the operation of such
additional busses will permit the grantee to continue to operate
its entire system with a reasonable return upon its investment)g
and at all times during the life of this franchise all busses And
equipment used by the grantee shall be modern, kept painted and
in good repair, provided with good and efficient lights and brakes
which shall at all times be kept in proper working condition, and
an alarm or gong, or both, and shall be mounted on pneumatic rubber
tires, but if during the term of this franchise a tire is developed
superior to rubber, the grantee shall, with the consent of the City
Commission or governing body of said city, have the right to adopt
and use the same.
2. The busses shall be operated by gasoline or some other suit-
able motive power.
3. It shall be the duty of the grantee to keep its busses clean
and sanitary, and comfortably heated during winter weather.
4. Busses shall be operated as to speed and 3n every other manner
as provided by the traffic ordinances and regulations of said city,
except where such ordinances and regulations are in conflict with
the requirements and provisions of this ordinance or other ordinances
hereafter adopted.
5. The city shall cause to be set aside as bus zones certain
parts of streets along the route of said bus system for the
accommodation of said busses in taking on and unloading passengers
to be established in the following manner:
72
Upon the written application of the grantee the City Commission
shall within ten (10) days designate and establish two bus zones in
each block, one zone to be established on each side of the street or
public highway; said zones to be located at the ends of the block and
adjacent to the sidewalk and shall be of such length and size as will
permit the bus to drive parallel with the curb for the purpose of taking
on and discharging passengers, and the grantee shall keep such zones as
may be so designated, properly marked at all times, and the governing
body of the city may at any time designate such additional pones as
may become necessary for the convenience of the public.
If the grantee shall at any time fail.. neglect or refuse to obey
and comply with any of the provisions of this ordinance for a period
of fifteen (15) days, unless prevented by strikes, riots, break -downs,
or destruction of its property by inevitable accident, the act of God,
or any act of the city in violation of the terms of this ordinance, or
by injunction or other legal proceedings, then in addition to the
rights and remedies of the city now possessed by general law or other-
wise, the grantee shall forfeit all rights, powers and privileges by
this ordinance granted and confirmed and this ordinance shall be null
and v oid.
Section 9. Such forfeiture shall be by notice in writing duly
served upon the grantee by the grantor specifying the cause or
causes of the forfeiture and si.zch forfeiture shall become effective
ten days after the service of such notice unless within such time
some court of competent jurisdiction in an action brought for such
purpose shall upon proper cause shown therefor, enjoin or restrain
the city from enforcing such forfeiture.
Section 10, RULES PYD REGULATIONS: The grantee shall have the
right to make such reasonable rules and regulations for the protection
of its property and for the prevefition of loss and waste in the con-
duct or management of its business as may from time to time be deemed
necessary.
Section 11. PURPOSE: It is hereby declared that the purpose
of this grant is to obtain for the inhabitants of the City of Salina,
Kansas, adequate transportation accommodations and facilities, and
this grant is made upon the express provision and agreement of the said
grantee that it will,during the whole of this franchise, furnish such
accommodations, facilities and services under the provisions hereof.
73
Section 12. TERMS BITDIPG OT , ;uLCCII Sa ORS. E11 of the terms,
i
conditions and provisions contained in this ordinance shall be
bindingon the successors assigns and lessees of the grantee
� ,
and all others acquiring any right, title or interest in or to
E this franchise; rprovided, that no right, franchise, privilege
i
or grant, granted by this franchise shall be sold, assigned,
1 transferred or sublet by the grantee herein, unless the consent
of the governing body of the City of Salina is first obtained.
fSection 13, ACCEPTANCE REQUIRED: That within fifteen (15)
days after the final passage and approval of this ordinance, the
grantee shall file with the City Clerk of the City of Salina,
Kansas, its acceptance, in writing, of the provisions, terms and
conditions of this ordinance. If said franchise is not-.ccepted
by said grantee within fifteen (15) days as provided herein, then
this franchise shall terminate and be null and void; otherwise this
franchise shall continue to remain in full force and effect for a
period of fifteen years dating from the approval of this ordinance
and its acceptance by the grantee.
Section 14. RATES: It is understood and agreed that the
grantee shall commence furnishing said bus seovice within ten (10)
days after the passage and acceptance of this ordinance and that
the fare for one continuous trip from one extreme limit of any line
to the extreme limit of the same or any other line of said bus
system, including transfer from one line to another for each person,
shall not exceed five cents (5�) per passenger provided that the
grantee shall issue books of twenty (20) tickets for ninety cents
OW each ticket to be good from one continuous trip for one person
as above provided for and provided that any child less than six years
of age accompanied by a person paying full fare shall be allowed to
ride free, and that the fare for any child from six years to thirteen
years of age both inclusive, shall be two -one half cents; and pro-
vided that United States letter carriers, while actually on duty in
making deliveries or in returning to the Post Office after making
deliveries, shall be allowed to ride free. The transfer privilege
herein provided for shall not be deemed to include the right to
transfer to a substantially parallel return route. In the event
the grantee should desire to increase such rates, it shall, before
increasing or attempting to increase such rates, apply to the govern-
ing body of the grantor for authority to increase such rates. The
governing body shall, upon the filing of such application with it,
for an increase of said rates, receive evidence as to the reasonableness
74
of existing and proposed rates, and if it finds that the rate in effect
at the time of said application is inadequate then it shall grant such
request for an increase of such rates. Said new rate so fixed shall
be in such an amount that the grantee will. make a net return of not
to exceed six (6) per cent per annum upon the original cost of all
its property and equipment, together with a fair and reasonable
allowance for depreciation of the same, provided however, that after
a depreciation charge has been actually retarned to said grantee that
the original cost of all its property, on Which it is entitled to
receive said six (6) per cent per annum, shall be diminished to the
amount of said depreciation returned. Said new rate so fixed shall
be in such an amount as to also enable the grantee to pay its current
overhead including labor and taxes and depreciation and to allow a
fair and reasonable compensation for managerial expenses incidental
to the conduct of said bus business of the said grantee.
Sect"on 15. AMENDMENTS: This ordinance and any of the terms,
provisions or requirements hereof, or of any amendment hereto, may be
amended at any time by an ordinance duly adopted by the governing body
of the City of Salina and accepted in writing by the grantee.
Section 16. This ordinance shall take effect and be in force
after its passage and its acceptance by the grantee as herein pro-
vided for and after the expiration of thirty days (30) from date
of its publication in the official city paper as provided by law,
the cost of which publication shall be paid by the grantee, provided,
however, that at any time after its acceptance in writinpi by the
grantee, and its publication as aforesaid, the grantee shall have
the right to commence operation of the bus system herein provided
for in accordance with the terms of this ordinance, and provided
further, that if within thirty days (30) after the date of its
publication in the official city paper any action shall be taken
as provided by law which shall result in such ordinance becoming
inoperative then after such ordinance shall be declared and finally
held to be inoperative, all rights of the grantee hereunder shall
cease.
Attest:
Chas. E. Banker
City Clerk
Introduced, June 27, 1935
Passed, Jlzly 9, 1935
R. J. Pafford
Mayor
6J r
ACCEPTANCE
The Salina Transit Company, a corporation, does hereby accept
the terms and provisions of Ordinance of the City of Salina, Kansas,
No. 4551 entitled:
"An Ordinance granting to The Salina Transit Company.,
a corporation, its successors and assigns, the right
to maintain and operate over, upon, along and across
the streets alleys and public highways in the City
of Salina,, kansas., a bus transportation line with
all conveniences and necessities necessary or useful
in the operation of the same, prescribing the terms
and conditions thereof and relating thereto,"
and binds itself to carry out and execute the provisions of said
ordinance.
IN WITNESS WHEREOF, The Salina Transit Company has caused
these presents to be signed by its Vice -President and its corporate
seal to be hereto affixed and attested by its Secretary, this 16th
day of July A. D. 1935
THE SALINA TRANSIT COMPANY
(SEAL)
BY M. W. Angwin, Vice President
Attest: E. B. Harris
secretary
STATE OF KANSAS
) Ss
COTTNTY OF SALINE
1, Chas. E. Banker, do hereby certify that theabove and foregoing
is a true and correct copy of Ordinance No. 4551 passed and approved
by the Board of Commissioners of the City of Salina, duly 9, 1935
and a record of the vote on its final adoption is found on page
Journal No. 13
city Ulerk
(Published in the Salina Journal July 24:, 1935)
ORDINANCE N0. 4551
AN ORDINANCE granting to The Salina Transit Company, a corporation;
its successors and assigns the right to maintain and
operate over, upon,, along and across certain streets,
alleys and public highways in the City of Salina,, Kansas,
a bus transportation line with all conveniences and nec-
essities necessary or useful in the operation of the
same prescribing the terms and conditions thereof and
relating thereto.
BE IT ORDAINED by the Board of Commissioners of the City of Salina,
Kansas:
Seotion 1. CONSTRUCTION OF TERNS: Unless inconsistent
with the context, the words, terms and phrases used in this ordin-
ance, for the purpose of this ordinance, shall be defined and con-
strued as follows:
1. The word "Grantee" shall include The Salina Transit
Company, its successors, assigns and lessees.
2. The word "Person" shall incl ;
persons, partnership
corporation, association and all othe. persons or combination of
persons,, either natural or artificial by whatever name he or they
may be called.
3. The term 'Street" or "Public Highway" shall include all
public streets, avenues, boulevards, roads, alleys,, parks, park-
ways, 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 "City" shall refer to the City of Salina, Kansas,
the grantor herein.
Section 2. GRANT: That under the terms and conditions
set out in this ordinance, there be and is hereby granted to
The Salina Transit Company, a corporation, organized under the
laws of the State of Kansas, its successors, assigns and lessees
(herein called grantee) the right, privilege or franchise for a
period of fifteen years from the date of the passage of this
ordinance, to own, maintain and operate over, through, along ,
upon and across certain streets and public highways in the City
of Salina, Kansas, hereinafter designated, and such other streets
as may be hereafter designated as herein provided for, a motor bus
transportation business and industry for the purposes of supplying,
furnishing and providing motor bus transportation accommodations
to and from various parts of the said city, to said city and the
inhabitants thereof.
The streets and public highways over which said grantee may
operate its motor busses and the schedule upon which the same shall
be operated, until changed, modified or extended as herein provided
for, are as follows, to -wit:
le Santa Fe Avenue rine - (Wesleyan--St.Johns) a Commencing
at Santa Fe Avenue and Claflin Avenue; thence west to Ninth Street;
thence north of Minneapolis Avenue; thence east to Santa Fe Avenue;
thence north to Elm Street; thence west to Ninth Street; thence
north to Lincoln Avenue; thence east to Santa Fe Avenue; thence
north to Otis Avenue; thence west to Ninth Street; thence south
to Pacific Avenue; thence east to Santa Fe Avenue; thence south to
Lincoln Avenue; thence west to Ninth Street; theme south to Elm
Street; thence east to Santa Fe Avenue; thence south to Claflin
Avenue; at intervals of twenty minutes in each direction, from
6:40 A. No to 11:00 P#M*
2, Iron Avenue Line - Commencing at Iron Avenue and Marymount
Road; thence west on Iron Avenue to Eleventh Street; thence north
to State Street; thence west to Thirteenth Street; thence north to
Bishop Avenue; thence west to College Avenue; thence south to South
Street; thence east to Twelfth Street; thence north to Iron avenue;
the c eastt to M r mo nt�SRoad; o i�ta�v l eof thirty minutes in
eaciirec ion, r •
Provided; that such routes and schedules or any additional
routes or schedules, or any modifications of changes therein, may
at any time be changed or altered by ordinance duly passed by the
City of Salina and the acceptance thereof by the Grantee; and
provided further„thatif any part of any such route, either original
hovels,
or as altered asINM provided for, is obstructed or made impossible
by reason of paving or other public improvements or otherwise, the
governing body of the City may designate a temporary or alternate
route for such busses during the continuance of such obstruction.
Section 3. COMPENSATION: That in consideration of and as
compensation for the franchise hereby granted, and in lieu of all
occupation and license taaesJthe grantee shall pay to the said
city the sum of Fifty Dollars per year, said sun to be paid in
two equal installments of $25.00 each, on the 1st day of 'January
and on the lst day of July of each year that said bus system is
operated in said city, the first installment to be paid at the
time operations are commenced.
Section 4. INDEMNIFICATION: The grantee, its successors or
assigns by accepting this ordinance hereby agrees to hold the city
harmless from any and all claims, damages or suits for damages
grooving out of or resulting from the operation of its motor busses
in said city, and said grantoe hereby agrees to indemnify and
hold harmless the said city from any, every and all claims or suits
for damages to persons or property andflom every other claim which
may arise on account of the operation and maintenance by said
grantee of its bus transportation business under the terms of
this franchise.
Section 5, INSURANCE: The grantee, its successors or assigns,
by accepting this ordinance hereby agrees to carry public liability
and property damage insurance on all busses operated under this
franchise, which shall be written by some reliable insurance carrier
or company and shall be what is known as Five Thousand ($5,000)
Dollars and Ten Thousand 1$10,000) Dollars limits, such policies
and the conditions thereof to be approved by the governing body
of the city, and such policies to be deposited with the City
Clerk of said city, or to furnish a bond conditioned and with
sureties to be approved by the governing body of the city, to pro-
tect the public and passengers on such busses against damages
resulting from the negligent operation of such busses, or to
furnish such other form of protection and security as may be
approved by the governing body of the city.
Seation 6.. CONSIDERATION: This franchise is given by the
City of Salina, Kansas for the purpose of obtaining for the in-
habitants of said city adequate transportation accommodations
in and about certain parts of said city, and in consideration
that such transportation accommodations are supplied and furnished
by the said grantee.
The franchise given by this ordinance and operation there-
under is subject to all and every traffic regulation now in force
and effect or which may be put into force and effect by the govern-
ing body of said city except such as may be specifically in con-
flict with any of the requirements of this ordinance, and such
other reasonable regulations respecting the operation of such
busses as may be provided by said city by ordinance duly enacted
for such purpose,
Section 7. OCCUPATION: The grantee is hereby given per-
mission, authority* and the right to run and operate busses along,
on, upon or across such designated streets$ public highways and
alleys in the City of Salina,, Kansas, as may be reasonable and
necessary for the benefit of the public.
Section 8. OPERATION: The regulations as to the busses of
the grantee and their operation and maintenance is as follows:
1. That at the commencement of operation under this franchise
the grantee shall place in operation at least three new busses
of a type to be approved by the governing body of said city and,
within a reasonable time after the commencement of operations under
this ordinance, at least on bus, in good, serviceable and safe
condition to be
I
used as an emergency bus, and when necessary shall replace any
worn out or obsolete busses with busses of such kind and in such
condition as may be approved by the governing body of the city,
and when necessary for proper service to the public shall place
in service such additional busses of such kind and in such con-
dition as may be approved by the governing body of said city,
as may be necessary to properly serve the public needs (provided
that such additional equipment may not be required by the city
unless the probable income or returns from the operation of such
additional busses will permit the grantee to continue to operate
its entire system with a reasonable return upon its investment),
and at all times during the life of this franchise all busses and
equipment used by the grantee shall be modern, kept painted and
in good repair, provided with good and efficient lights and brakes
which shall at all times be kept in proper working condition, and
an alarm or gong, or both, and shall be mounted on pneumatic rubber
tires, but if during the term of this franchise a tire is developed
superior to rubber, the grantee shall, with the consent of the City
Commission or governing body of said city, have the right to adopt
and use the same.
2. The busses shall be operated by gasoline or some other suit-
able motive power
3. It shall be the duty of the grantee t6 keep its busses clean,
and sanitary, and comfortably heated during winter weather.
4. Busses shall be operated as to speed and in every other manner
as provided by the traffic ordinances and regulations of said city,
except where such ordinances and regulations are in conflict with
the requirements and provisions of this ordinance or other ordinances
hereafter adopted.
5. The city shall cause to be set aside as bus zones certain
parts of streets along the route of said bus system for the
accommodation of said busses in taking on and unloading passengers
to be established in the following manner:
Upon the written application of the grantee the City Com-
mission shall within ten (10) days designate and establish two
bus zones in each block, one zone to be established on each side
of the street or public highway; said zones to be located at the
ends of the block and adjacent to the sidewalk and shall be of
such length and size as will permit the bus to drive parallel
with the curb for the purpose of taking on and discharging
passengers, and the grantee shall keep such zones as may be so
designated, properly marked at all times, and the governing body
of the city may at any time designate such additional Zones as
may become necessary for the convenience of the public.
If the grantee shall at any time fail, neglect or refuse
to obey and conply with any of the provisions of this ordinance
for a period of fifteen (15) days, unless prevented by strikes
riots, break -downs, or destruction of its property by inevitable
accident, the act of God, or any act of the city in violation of
the terms of this ordinance, or by injunction or other legal
proceedings, then in addition to the rights and remedies of
the city now possessed by general law or otherwise, the grantee
shall forfeit all rights, powers and privileges by this ordinance
granted and confirmed and this ordinance shall be null and void.
Section 9. Such forfeiture shall be by notice in writing
duly servid upon the grantee by the grgntor specifying the cause
or causes of the forfeiture and such forfeiture shall become
effective ten days after the service of such notice unless with-
in such time some court of competent jurisdiction in an action
brought for such purpose shall upon proper cause shown therefor,
enjoin or restrain the city from enforcing such forfeiture.
Section 10, RULES AND REGULATIONS: The grantee shall have
the right to make such reasonable rules and regulations for the
protection of its property and for the prevention of loss and
waste in the conduct or management of its business as may from
time to time be deemed necessary.
Section 11, PURPOSE: It is hereby declared that the purpose
of this grant is to obtain for the inhabitants of the City of
Salina, Kansas, adequate transportation accommodations and
facilities, and this grant is made upon the express provision
and agreement of the said grantee that it will, during the whole
of this franchise, furnish such accommodations, facilities and
services under the provisions hereof.
Section 12• TERMS BINDING ON SUCCESSORS: All of the terms
conditions and provisions contained in this ordinance shall be
binding on the successors, assigns and lessees of the grantee,
and all others acquiring any right, title or interest in or to
this franchise; providedt that•no right, franchise, privilege
or grant, granted by this franchise shall be sold, assigned,
transferred or sublet by the grantee herein, unless the consent
of the governing body of the City of Salina is firs+btained•
Section 13. ACCEPTANCE, REQUIRED: ghat within fifteen (15)
✓ days after the final passage and approval of this ordinance, the
grantee shall file with the City �lerh of the City of Salina,
Kansas, its acceptance, in writing, of.the provisions, terms and
conditions of this ordinance.. If said franchise is not accepted
by said grantee within fifteen (15) days as provided herein, then
this franchise shall terminate and be null and void; otherwise
this franchise shall continue to remain in full force and effect
for a period of fifteen years dating from the approval of this
ordinance and its acceptance by the grantee,
Section 14, RATES: It is understood and agreed that the
grantee shall commence furnishing said bus service within ten
(10) days after the passage and acceptance of this ordinance
and that the fare for one continuous trip from one extreme
limit of any line to the extreme limit of the same or any other
line of said bus system, including transfer from one line to
another for each person, shall not exceed five cents (5d) per
Passenger provided that the grantee shall issue books of
twenty (20) tickets for ninety cents (90i),each ticket to be
good from one continuous trip for one person as above provided
for and provided that any child less than six years of age
accompanied by a person paying full fare shall be allowed to
ride free, and that the fare for any child from six years to
thirteen years of age both inclusive, shall be two -one half
cents; and provided that United States letter carriers, while
actually on duty in making deliveries or in returning to the
Yost Office after making deliveries, shall be allowed to ride
free. The transfer privilege herein provided for shall not
be deemed to include the right to transfer to a substantially
Parallel return route. In the event the grantee should desire
to increase such rates, it shall, before increasing or attempting
to increase such rates, apply to the governing body of the grantor
for authority to increase such rates. The governing body shall,
upon the filing of such application with it, for an increase of
said rates, receive evidence as to the reasonableness of existing
and proposed rates, and -if it finds that the rate in effect at the
time of said application is inadequate then it shall grant such
request for an increase of such rates. Said new rate so fixed
shall be in such an amount that the grantee will make a net
return of not to exceed six (6) per cent per annum upon the
original cost of all its property and equipment, together with
a fair and reasonable allowance for depreciation of the same,
provided however, that after a depreciation charge has been
actually returned to said grantee that the original cost of all
its property, on which it is entitled to receive said six (6)
per cent per annum, shall be diminished to the amount of said
depreciation returned. Said new rate so fixed shall be in such
an amount as to also enable the grantee to pay its current over -
depreciation and
head including labor and takes and,to allow a fair and reasonable
compensation for managerial expenses incidental to the conduct
of said bus business of the said grantee*
Lection, 18s AM MDIMTS: This ordinance and any of the
terms, provisions or requirements hereof, or of any amendment
V hereto, may be amended at any time by - ordinance duly adopted
by the governing body of the City of Salina and accepted in
writing by the grantee.
3ectim ld, This ordinance shall take effect and be in
force after its passage and its acceptance by the grantee as
herein provided for and after the expiration of thirty days
(30) from date of its publication in the official city paper
as provided by law, the cost of which publication shall be paid
by the grantee; provided., however, that at any time after its
acceptance in writing by the grantee., and its publication as
aforesaid, the grantee shall have the right to conence operation
of the bus system herein provided for in accordance with the
terms of this ordinance* and provided further, that if within
thirty days (30) diter the date of its publication in the official
city paper any action shall be taken as provided by law which
shall result in such ordinance becoming inoperative then after
such ordinance shall be declared and finally held to be inoperatives
all rights of the grantee hereunder shall cease.
Introduced, June 27th, 1935
Passed, July -�,tl}m 1-05A „
Attest: / JKayor
city Uleric
ACCEPTANCE
The Salina Transit Company, a corporation, does hereby
accept the terms and provisions of Ordinance of the City of
Sal"Ina, Kansas, No. 4551 entitled:
"An Ordinance granting to The Salina Transit Company,
a corporation, its successors and assigns, the right
to maintain and operate over, upon, along and across
the streets, alleys and public highways in the City
of Salina, Kansas, a bus transportation line with
ayl conveniences and necessities necessary or useful
in the operation of the same, prescribing the terms
and conditions thereof and relating thereto."
and. binds itself to carry out and execute the provisions of
said ordinance.
IN WITNESS WHEREOF, The Salina Transit. Company has caused
- -
these presents to be signed by its ^President and its corporate
seal to be hereto affixed and attested by its Secretary, this
day of
A, E, 1935.
THE SALIVA TRANSIT COMPANY
Attest:
e e ary
A S S I G N M E N T
The Salina Transit Company, a corporation, does hereby
assign, set over and transfer unto Gordan Angwin and Enoch Harris,
co-partners doing business under the name of Salina Transit Com-
pany all of the rights, franchises and privileges granted to said
The Salina Transit Company, a corporation, from the City of Salina,
Kansas under the provisions of Ordinance No. 4551 of said city,
subject to all the terms, provisions and conditions of said Ord-
inance.
IN WITNESS WHEREOF, The Salina Transit Company has
caused this assignment to. be executed by its secretary thereunto
duly authorized, this 1Lday of November, 1942.
THE SALINA TRANSIT COMPANY
By /
Secre ary
CONSENT TO ASSIGNMENT
The above and foregoing assignment by The Salina Transit
Company, a corporation to Gordan Angwin and Enoch Harris, co-part-
ners doing business as Salina Transit Company, of the rights, fran-
chises and privileges granted to said The Salina Transit Company,
a corporation under the provisions of Ordinance No. 4551 is approved,
and consent of the Board of Commissioners of the City of Salina of
said assignment and transfer was duly granted by said Board of Com-
missiones ursuant to action taken at a meeting of said Board held
on this day of November, 1942.
Attest:
City Clerk
r