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HomeMy WebLinkAboutORD 50-EAN ORDINARCE Entitled an ordinance defining a "Motor Buis"; providing. that it shall be necessary to take out a special license for the opera- tion of the same, and the provisions under which a special license may be issued; regulating the ruzuling of motor busses within the city limits of the City of Beaumont, mud -prohibiting their opera- tion under various conditions, prohibiting the license as a motor bus any vehicle licensed as a hack; providing a penalty for the unlawful operation thereof; declaring the unrestricted operations of said mo for busses to be a nuisance mud unla,,i ful; repealing all ordinances in conflict herewith and declaring an emergency, DE IT ORDAIN11 BY THE CITY COIdi�1.iISSION OF THE CITY OF H'I AUT IONT.: Section 1. Unle ss it appears from the context that a different meaning is intended, the following words shall have the meaning attached to them by this section: (a) The word "street" shall mean and include aly street, alley, avenue, lane, public place or highway ,7�ithin the city limits of the City'of Beaumont. (b) The words `l+liotor Dus" shall mean and include any automobile, truck, or trackless motor vehicle engaged in the business of carrying passenge::_•s,or goods, wares, merchandise, baggage, o -r freight, or both passengers and goods, wares, -merchandise, baggage or freight, for hire between points within the Oity of Beaumont and surrounding cities, towns, villages, communities, or localities. (c) The word "-,vers on,T shall include both singular and Plural, and shall mean and embrace airy person, firm, cor-poraGi.on, association, partnership or society. Section 2. lIo person shall run or operate, or cause to be -run or operated a motor bus within the cit_:; limits of the City of =;eaumont, without first obtai-ling a license the---efor; and no license certificate shall be issued until and unless the person so desiring to operate such motor bus .shall file with the ;;ity 1,L'anager of the vity of Beaumont a1 s- ,plic,.tion fo-r a license; U hich said application shall state. (a) The type of motor car to be used as such motor bus. (b) Die horsepower th er eo f . (c) The factory number thereof and name of manufacturer. (a) .,'he ,,ta.te license number t ereof. ( e) If a passenger carrying motor bus, the actual seating capacity thereof' If the motor car has been adapted for use as a buz, either by converting a freight carrying truck into a (g) The terminalwithinthe City of Beaumont,(and the cities, towns, villages, communities, or localities between which such motor bus is to be operated and ' the street or streets over i,Trhich such motor bus is to be run, (both going and returningl, the hours. of the day during which such motor bits is to be op e -fated , the frequency of the trips to be made over such route, or router ,.,-vhich shall be the same throughout the term of hours of operation, together with the time of departure from. the terminals of such routes of each -trip over the same. (h) Post office address of operator of motor bus. (i) If the k1oto-r Bus is intended to carry goods, etc., state the usual kinds and quantity to be carried. The: City Lianager of Beaumont shall refer_ such applicati on to the City Commission of the O.ity of Bbaunont at its next regular meeting, The City Commission may grant same as filed, or in modified form; as in its juagment is to .the best interest of the public, .or if -any such person designated in compliance with subdivision (f) of this section be, in the opinion of the. City Commission, an unfit person to operate such' mo for bus, Car if in the _opinion of the Commission, the motor car described to be used in the operation o a particular motor bus or motor busses over the street or streets designated by -reason of existing traffic conditions would. be dangerous or hazardous to public safety, or if said application be not in compliance with the provisions of thisordinance, the City Commission may refuse same, provided however, that hat no license shall be issued authorizing the operation lAthin the limits of the City of Beaumont of a motor bus having a rated or actual seating capacity of ��re-than siyt.;een per- sons. , s: Upon the granting of sucn.- p1�l-ication aS -1_�� ed- ori dified .6nd-.-the payment of the required license fee, andej- e filing with the City Clerk Co ),the indemnity contract herein provided for and when it has been certified by the City Clerk, the City Tax assessor and Collector shall issue a certificate of license, to operate or cause to be ope.-aced the motor bus or motor busses describe -d within the City of Beaumont over .the street or streets and at the time set out �, in t�aragraph ( )�(hereo f� or as -modified by the City Commission as ---Yie"reiL1 provided ; pro -T, ided that the terminal stated and the schedule stated in such certificate may thereafter be altered by order of the City Cor_nraission of the City of Beaumont in its discretion, either on its own motion or upon the application of the person holding such license, (for which change, if granted on the application of tree licensee, a fee of fifty cents (.50) shall be charged and collected provided, however, that the City Commission of the City of Beaumont may cancel said certificate .of license for good cause at. any time after ten (10) days notice by letter mailod to the or)e-ator at the post office address given in said application to app -ear before said City Commission at their next regular meeting after 10 days, exclusive f � of the day of mailing to shoVv reason why said license certificate should not be cancelled. ("Good causer' as herein used shall include failure n the part of the olie rator to operate his .car over the streets or -at the times required, -_or- in a careful and prudent manner) 'Section 3. � cvI. The lic ense fees herein provided for are fixed as follows.:.. - .tor. each motor bus with a seating capacity of five or less per- sons, including the driver, ;seventeen and one -halt" 017.50) i)o11q.rs 11 S license fee shell be Twenty-five carry both passengers and goods, be Twenty-five Doliar's ($25.00) as' herein set forth.. Dollars ($25600) per year; if to etc., then the license fee shall plus charge for seating capacity Sect ion -4., The license herein provided for shall be. good and in force and effect only for the calendar year in which same is, issued. If a license be issued covering a period of one-half year or less than one-half calendar year, 'then the fee for same shell be only half the annual fee provided herein. Zic ense for succeeding years sha-11 be procured and license fees paid before expiration of current year, but the owner of all auto busses now -being operated' shall have twenty days after the taking effect of this ordinance to ;procure license and in contract as hereinafter provided, and to comply with the further provisions of this ordinance. Section 5.- . It shall be unlavifU_ l; (a) To drive or operate or..cause to be driven or operated any motor 'bus upon or along any street iuzle ss there is in force and effect a valid- license- as prescribed in this ordi- nance for the - operation of such `motor bus. (b) To stop any motor bus, or permit such, motor bus to remain standing upon any. -street for the purpose of loading or unloading passengers or goods, wares, merchandise, baggage or freight, except w. hen same be brought as near as _ po ssible to the right hand curb' of said scree u, and in no event more than 12 inches therefrom, and no closer than eighteen (18 ). feet to the inter- secting street curb. (c) To drive or operate a. motor bus without the City license number thereof displayed in figures not less than -three inches in height permanently painted on or attached to the body or appurtenances of the body on both the front and the rear of said motor bus, and on the -rear paint. ed .the word "Bus", (d) To drive or operate any motor bus without having, permanently displayed upon same and permanently attached to same a sign or painting shoving, the destinations of same in accordance with the provisions of the license covering sane. k 4e) To drive or. operate any motor bus while any pe rson is standing or sitting on the running board, fender or door thereof, or while any person is riding on the same outside of -the body ,thereof, or when there are more persons therein than the stated seating capacity thereof. () To drive or. operate a motor bus upon any street in the City of Beaumont unless axed until the owner or operator thereof or the person in whose name the license or permit is sought or f 0- the.,; benefit of every person. other than employees of the insured engaged in the operation of such vehicle injured by reason of the negligent opera- tion of sz-ch vehicle or on account of -any in jury which any person may While employed on such veJ�.icle by the licensee do or negligently allow to be done to any person or., picoperty, any amount or amounts which may be awarded by final judgment against any person owning or operating any such vehicle, not exceeding however, for, injurer to any one per -son the sum of Five Thousand (595000.00) Dollars; or the sum of Twenty -Five Thousand ( W; -,'o .,UUv. UU ) Dollars for all persons injured in any one acci- dent or occasion, such bond. or insurance policy to be: so conditioned that such claim or cause of action shall survive in case of.the death of the person injured for the benefit of the bene- ficiary of such person, and that such bond or - insurance policy, shall not be exhausted by the first recovery but shall be subject to successive recoveries and be, subject to' alterations of route of such vehicle as herein provided during the time while same shall continue in effect; or the sum of One Thousand ($1000.00) Dollars on account of property damage to. any one .accruing on account of the operations of said motor bus and subject to approval as aforesaid. Such bond or policy of insurance shall be executed by a surety or sureties consistixig of any solvent surety or insurance` company qualified to trans- act business under the laws of the State of Texas, ,and which are approved by the. City Commission. In any case where a public liability and property damage insurance policy is taken out in lieu of the bond above provided for, such policy shall be deposited and remain with the, City Clerk at all times while the same is in force and shall be so conditioned that the insolvency or bankruptcy of Assured shall not release the Company from any payment otherwise due thereurd er; and if, because of such insol- vency or banhri ptcy, an execution on a judgment against the Assured is returned unsatisfied.. the judgment creditor shall have a right of action against the Company to -recover the amount of said judgrnent' to the same extent that the Assured would have had to recover against tht Company had Assured paid the judgment. .end provided further that in the event the City Commission shall at any time, and for any reason deem that a nail or additional bond or insurance policy is necessary for- the protection of the public thae r may require a new or additional bond or in- surance policy and the person ownir�• or operat- ing any such vehicle or vehicles shall within three days after -receiving written notice of . such requirement, provide a new or additional bond or insurance policy with terms, amounts, ' -lel-a' policy for- any such veh.icla, or vehicles, be given by the licensee within rive days, and the City shall thereupon give written ndtic.e by wail to such licensee; and upon the filing of sz,ch: new bond or insurance policy shall discharge. such first 'sureties or insurers from further liability to accrue after the. time of the approval of such ne-w bond or insurance policy; and pro- vid ed further that said C ity shall no t b e. d eemed to have assumed any pecuniary responsibility for. the solvency of any such surety or insurer or in any manner to have become liable for any sums on account of any such claim or on account of any act or omission of any officer or officers of the City in connection with any matter -relating to such vehicle, or on account of any act or omission of airy person owning or operating any such vehicle; nor shall the lawful liabil.ty of any ax -ch person owning or op e rat ing any such vehicle_: be in any manner either limited or enlarged by anything in connection with this ordinance or� such license, bond or insuranee policy; but persons having any cause of action secured thereby shall be authorized to sue on any such bond or insurance policy with- out implead ing the City; but, the provisions herein contained for requiring new or additional bond or insurance policy if deemed necessary for- the pro- tection 'of the rights of the public' shall never- theless apply to every incorporated company; or to continue the operation of said motor bus after aid bond or- insurance policy has been cancelled or retired for any reason until another such bond or insu-raDe policy shall have been procured and deposited with the City Clerk and approved as a- foresaid: Before the filing of any such insu::•anc e contract, it shall first be presented to and approved by the. C.it, 1.11anager of the City of Beaumont. Provided further that the applicant shall before a license is issued to him file with the_, City Clerk a written statement agreeing that any suit filed against such applicant upon a cause of action arising out of the operation of such motor bus may,. be instituted and maintained in Jefferson County, Texas, regardless of the place of residence of such applicant: To fail., refuse or neglect to operate a motor bus to and f r om. tha: city t ermina 1 d e s igna.t ed and du -r ing the hours and on the schedules to and from such ter- minal stated in the license, except in cases of accidents, break -downs or -other casualties' or upon the surrender of said license; or to operate or permit to be operated any motor bus off of or away from the street or streets stated and fixed in the license for the operation of such bus: (h) To race with any other auto bus or to drive rapidly to bass one in order to be First In a.nv nrr,„Ar�_ (i) To drive or operate or cause to be driven or oper- ' ated any motor bus upon or along any street in the City of Beaumont, Which motor bus has a rated or actual seating capacity of more than sixteen persons, or which in fact contains morethan sixteen persons: (j) To run or operate or cause to be run or operated N any motor bus on, along or over any of the follow- ing streets within the City of Beaumont;. Pearl Street between 1143�anklin Street and C -al -der - Avenue; Orleans Street between Fannin Street. and Liberty Street; or upon any street inter- secting those portions of -Pearl and Orleans Streets- herein streets.herein referred to and lying. between I41ain Street and Orleans Street, or Liberty Street between !vlain and Orleans street; provided , however, that motor busses operating bet-,.een'points outside of .3eatimont and points in the City of .6eaumont may operat.e said motor bus on Yannin Street for the purpose of -re- aching any fixed terminus situated on private property; provided, howev�. r, passengers shall, not be: taken on or discharged while said motor bus is on - a main Street. Section 6* Any person swho shall violate any provision. of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not excee� ing One hia.ndred Dollars (� 100.00). section 74 In case of the conviction of the owner or operator of any moor busi. for the violation of the terms of this or any other ordinance, it shall be the duty of the City -,ttorney to report such conviction to the City Commission, together ,with his re- commendation. The City Commission shall consider and act upon said r eeommendation and may r eucke, suspend or continue in force such licaase as it ma,y'deem proper, anal the City Jommission may; for any other good and sufficient cause, revolve, suspend;�or con- tinue in force such license, as it may deem proper. Such `good and sufficient cause'` is one where the. operator is not operating his motor bus over the route or during the hours, or on the schedule set out in his application, or as modified by the City oommissi.on. This enumeration, however, does not include other good and sufficient cause or causes that may occur. Section Si. !�I;n.y person, firm or corporation shall not be granted the li- cense certificate provided for in this ordinance unless and until he file with the City Clerk an affidavit that he is familiar with the Traffic Ordinances of the Uity of Beaumont and with the by-laws of the City oT- Beaumont relative to the operation of automobiles motor vehicles and all other self-propelled vehicles. Section 9. k i Section 10. No vehicle licensed to ope late as a hack or carriage shall be licensed ta operate as a motor bus. Section 11. The holding or adjudication of gn.y sectLon or subdivision of any section of this ordinance to be invalid shall not affect the validity of any other section or subdivision of a section, but all other sections and subdivisions of sections shall be and re- main in mall force and effect. Section 1.2. The operation of any motor bus, otherwise than as .provided in this ordinance is hereby declared a nuisance and menet to public safety and unlawful: Section 13. Each and every day's or part of a day's violation .of this ordinance shall constitute a separate offense. Section_ 14. All ordinances and parts of ordinances conflicting with this ordinance shall be and the same are har eby repealed, in so lar as .tin conflict and no further. (The "Motor Bus" ordinance passed. September 11th, 1923, is hereby repealed'. Section 15. The present crowded and congested condition of the traffic along the streets in the City of Beaumont, and the constantly increasing number of automobiles and other vehicles along such streets thereby causing a dangerous condition and menace to life and property endangering public peace, health andsafety of the ..citizens of the City of Beaumont creates an imperative public emergency necessitating the suspension af the rule reouiring ordi- nances to be read on three separate days before final passage; Therefore, such rule is hereby suspended and this' ordinance shall be in force acid effect from and after its passage. Passed by the affirmative vote of all^�`eemmbers of the / Commission, this the Q day of A. B. 19 25 . The State of Texas, Countp of Jefferson O.Zfoe ,the undersigned airthority, on this day personally appeared____________________ _ _ _ - _ _ _ _ __ _ _ _ _ _ wn to me, who being by me duly sworn, on his oath de= poses and says, that he is the- - - - - - - -of the BEAUP/IONT ENTERPRISE, BEAUMONT JOURNAL, a newspaper published in said county; that a copy of the within and for ing was published in said newspaper, such publication being on the following dates: ���✓�- -----------_ _A. D. 192 _, and a newspaper copy of which is hereto at- tached. , `J'-�- ,,� �i;e'and subscribed before me, this_ / _ --------------- -- - -- -- - - - - ---- Notary Public, Jefferson C inty, Texas. --- --- ---- -- - - - -- - - - - - - - - - - - - - - --- day of ------- _ --- ------A. D. 1926- e 3 N.Fe'lio��..- _ �Otl ,i�` -0 out a iatll ,f0. p u?e� 01 th0- operation of �ia�'l!l:inj h[ ',the provisions under T-T,ich a special'Iicent6 may be is- sued: regulating the running of motor busses with n the city limits of the City .of 13eauniont, and pro- hibiting- their, operation under various conditions, prohiy)itng the license as a motor bus any .?,clilcle licensed as a hack; providinb 'a - penalty for the unlawful operatioh thereof; ,declarim, the unrestricted' operations of std-d'huotor busses to be a nuisance and unlawful, re- pealing all Ordinances in conflict Therewith and declaring an emer- gency. ' L"'1✓ IT' OPMAINnD BY Tlliv, CITY CO';\TIAIS$(ON {71' THE CITY Or BEAU19ONT: • Section 1, Unless if 'appears from the con- text that a different meaning is In- tended, the following words shall have the meaning attached to them by this section: . (a) The word "street" shall near, and include any •street, alley, ave- nue, lace, public place or highway within the city limits of the City of .3eaumont. (b) Tne cords "liotor Bus" shall meant arid. include any autoinobile, truck, or triieldess motor vehicle en- gaged In the business of carrying pa-sengbers. or goods, wares, mer- chandise, aggage, or freight, .or both passengers and goods, wares hnerclhandise, baggage or freight, for )h re between "poiuts within the City Of Beaumont and'sureoundingcities, towns, villages, conrnunfties, or localities. (c) The word "person" shall' in- elude both singular and plural-, and shall mean and embraeo any per- son, firm, corporation, association, partnership or society. Section 2 :o person shall ruih or operate or cause to he Arun or 6p0ra ted a motor bits Viltihin' the.city liiahits of the City of Beaumont, without first obtaining a license theretol and, no license ecrfifieate shall be issued until and unless the ,person so de- siring to operate such nlot'Orbud shall file with the Cii'y Mang aer of the City of Beaumont an applica- tion for a license; 'which said apPli- cation sliall,state: (a) .The type of motor car to be used :1s sucli motor bus. (b) The horsepower thoreof.' (c) The factory number, thereof and name of manufacturer: (d) The state license number' thereof., (e) If a Passenger -carrying motor bus• the actual seating capacity thereof. If the motor car has or at the times required,' or' careful and prudent manner. Section. 3. The. Iicense fees •herein provided for are fixed as follows: For eachmotor bus with a seat- ing capacity of five or less persons; including the driver, Sevcnteen alhd ono -half ' ($17.50) Dollars per year; for each motor bus with a seating capacity of seven or less but more, than .five -persons, including the driver, Twenty-five ($25.00) Dollars per year; for each motor bus capa- ble of seating more than seven persons including the driver, and not exceeding twelve persons, Thirty-seven and one-half ($37.50) Dollars per year. For each 'motor buscapable of seating more than twelve persons, including the driv- ' er , and not exceeding sixteen" per- sons, Fifty ($50.00) Dollars per year. If the Motor Bus is operated to carry goods, etc., the license fee shall be Twenty - five Dollars '-($25.00), per. year; if to carry both passengers and goods, etc., 'then the license; feet shall be .Twenty-five Dollars (fp27.00) plus charge for seating capacity as herein set forth. -Section 4. The license herein provided for shall be good and in force and ef- fect only for the calendar year in which same is issued.- If a license be issued covering a period of one- half year or less than one-lhalf calendar year, then the' fee for t__nca sh9ll be only half the annual fee provided -herein. License for succeeding years shall be procured and license fees paid before ex- piration of current year, but the ohvner of all auto busses now, be- ing operated shall , have twenty days after the taking effect of this ordinance to procure liceltseqqnd in- demnity contracts- as lioreinafter provided, and to coptply; `9ith the further p?'ovisions. .of.•',thi, ordi- mance. Seetianf 5. It shall be., unlawful: z - (a) To drive or Qperate or cause to be driven or operated any me -- tor busupon or along any street unless there is in force and ef- fect it valid license as pre- scribed in this ordinance. for the operation of such motor: bus. (b) To stop any motor bus, or perinit. such motor bus to remain standing upon any street for the purpose of 'loading, or unloading passopgers or ,goods, wares, merchandise, baggage or freight, except when same be brought as near -as possible to the right hand curb of said street, and in no event more than 12 inches therefor)n, and no closer than eighteen (1.3) feet to the inter- secting street curb. (c) To drive or operate a motor bus without the City license. number thereof displayed in fig- ures not less, than three inches in height perhnanently painted on or attached to the body or appurtenances of the body on both the front and''tho rear of said motor bus, :ind on the rear painted the word "Bus". (d) To- drive -or operate any hiho- tor bus without Having Perna- _ nontly displayed upon same and permanently attached, to same a sign- or painting showing the destinations of same in' accord- ance witlr the provisions of the llcensc covering same, '(e) To drive or operate any mo- tor bus while any person is standing or sitting on the run-, cling board, fender or door there- of, or while any person is riding on the same buts de of the .body thereof, or "-lien tlhero are more persons therein than the stated seating, , capacity thereof. (f) To drive or operate a motor bus upon any street in the City of Beaumont unless and until the owner or operator thereof or the person in whose name the license permit is sought or issued shall have procured and deposited with the City Clerk of the City of Beaumont, for each such bus to be licensed a, good and sufficient bond or public liability and property damage insurance pol- icy such as may be approved by the City Manager as to form and sufficienoy in the amount here - ___._._.ox cunfary responsibility for the solvency- of any such surety or insurer or in -'any manner to have, become liable for any. Slums., on account. of any sueli-'elaliri o"r on account of any act or omission of any officer or officers of the City in connection with-dby mat- ter relating to such vehicle, or on account of any act or. omis- sion 'of any person owning ,or s' operating any .ucj); vehic.6;.,nor shall the .lawful liability of any such person owning'or operating any such vehicle be' in any man- lier either limited or•enlarged by anything !n connection with this ordinance gr 'such 'license, bond or insurance poloy:..but persons having any cause •of action se- cured thereby shall be authorized to sue on any such bond or in- surance policy without implead- ing the City; but the._hrovisions herein contained for. requiring new or additional bond' or in- surance policy .if., deemed­neces- sary for the, protection of, the rights of the' ,liublic, shall nover- theless apply to eh ce v.incorporat- cd conhpany, •or to canthnue ,-•tlha operation of said motgr b11%i-4�.;ter said bond or hisuranp ce-olfW ltas been cancelled or retired for any reason until another such bond or insurance .policy shall have been procured and deposited with the City Clorlr-and approved as aforesaid. Before the filing of any such insurance ,contract, it shall - first' be -presented--to- and approved by the City Manager of. the City of Beaumont. Providetu further that the applicant shall before a license is issued to him file with the City Clerk -a writ- ten statement .agreeing that any suit filed against .sticit applicant upon a cause -of action . arising out of the operation of suot motor bus ma:ybe instituted and maintained in. --Jefferson County, Texas, regardless, of the place of residence of succi' applicant. (g) To fail, rktuito" or neglect to ,operate a motor bixw;'to zoidi from - tho City tern lhial dresignated and during the `.hours and Ton the chedules to and: -from --bitch terir,i� nal stated in the license, except in i cases of accidents, bfoa,'iy-downs or, other casualties or% uji.61i the surrender of. said liceh eabr to o`perateat- permit to bii operated any motor bus off of or away from .the street or streets,, stated • and fixed in the license for the opera- tion of such bus. (h) To race, with any other auta bus or to drive rapidly to pass.ons in order to be first to any pros- pective passenger or to anyolld waiting for a motor bus or other conveyance.' (i) To drive or operate;_Or cause to be driven or operated- any motor bus upon or along any street in the City of Beaumont, which 'mo- tor bus has a rated or actual seat -- Ing capacity -of more -than sixteen persons, of. which In fact coft- tains more than sixteen persons. (j) To run or operate or -cause' to be i•un or operated 'anymotor bus on, , a•long or over any, of the'fol- lolving streets within. -the City of Beaumont: Pearl Street, between I`ranklin streetand Calder avenue; Orleans Street, between Fannin Street and Liberty.Street,.or upon any street intersecting those por- tions -of Pearl and Orleans Streets lteftin referred to and' lying -be- tween Main. Street and Orleans Street, or Liberty Street between Main and Orleans Street; provided, however, that motor busses 'oper- ating between points outside of Beaumont and points in the City of. Beaumont may operate% said motor bus on Tannin Street for the purpose of reaching any,'fixed terminus situated- on . private property; provided, however, pas- sengers shall not be taken, on or discharged while said motor bus is on Fannin Street. Section 6. Any person ivlio shall violate any provision ,of -this' ordinance shall be guilty of a, misdemeanor, and upon conviction',thdreof shall be punished by .a fine not" exceeding One Hun- dred ,Donars'($100.00). "Section`'7. of the carrying truck, into a passenger vehicle or by . reconstructing - modifying or adding to the body of or. seating arrangements of a passenger -carrying motor car, a statement of its seating capacity as adapted, and the methods and materials used in such adaption shall be added. (f) The name and age of eacli of the persons to be in immediate charge thereof as a driver. (g) The terminal within the City of Beaumont and the cities, towns, villages, communities, or localities between which such motor bus is to be operated, and the street or streets over which such motor bus is to be run; both going And re- turning, the hours of the day dur- ing which $uch motor bus is to be operated, the frequency of the trips to be made over such route, or routes which shall ,be the same throughout the terni of Hours o€ operation, together ,with the time of departure from the terminals of such routes of each trip over tho same. (lt) Post Qf€ice address of operator of motor bus. (i) If the DSotor Bus Is intended to carry goods, etc., state the usual Binds and quantity to be carried. The City Manager of Beaumont shall refer 'such, application to the City Commission of the City of .Beaumont at its nest regular meet- ing. The City Commission ' may grant same a:s filed, or to modified form, as in its udament is to the best interest of the public, or if any, such person edsignated in compli- ance with subdivision (f) of this sectlon . be, in the opinion of the City Commission, an unfit person to operato.suclt rizotor bus; or if in the opinion of the Commission, the Mo- tor car described to be used Ili the operation of a'particular motor bus or motor busses over the street or 'streets designated by reason of ex- isting 'traffic conditions would be dangerous or hazardous to public safety, or if said application be not in -compliance with-the-provislons-of thls ordinance, the City Commission -may refuse same, 'provided how- ever, -that no license shall be issued authorizing the operation within the limits of the City of,Beaumont of a motor bus 'raving a rated ,or actual seating capacity of more than si1- teen persons. `Upon ,the granting oa such application as filed ox modified and the payment of the required license fee, and the filing with the City Cleric of the Indemnity con- tract herein provided for, and when it. has been :certified by the City Cleric, the City Tax Assessor and Collector shall issue a certificate of license to operato or cause to be operated the motor, bus or motor busses described within the City of Beaumont ever the street or streets and at the time ,set outin para- graph (g) 'hereof, or as modified by the City Comanission as herein pro- vided; provided that the terminal stated acid the schedule stated ,in such certificate may thereafter be altered by, order of the City Com- mission of the City of - Beaumont Ili its discretion, either on its own motion or upon the application of the person holding such license, for which change, if granted, on the applicatiorr of the licenses, a fee of fifty cents (:50) shall be charged and collected; provided. However that the City Commission of -the City of Beaumont may cancel said cer- tificate of license for good cause at any time after ten (10) .flays notice by letter• mailed to the opera- tor at the 'pos.office address given In said application to appear before Isald City Commission at their%next regular meeting after 10 days, ex- clusive of the day of nailing" to show reason why said license certi- ficate should not be cancelled, .."Good cause" as herein used shall include failrro on the part of the operator to operate his car over the street shall. and `will well and truly pay to the Mayor of said City and to his successors in office for °the'benefit of every person other than employees of the insured engaged in the operation of such vehicle injured by reason of the negligent operation of such ve- hicle or on account of any in- jury which any person may while employed 'on such vehicle by the liceusee -do or negligently allow to be'done to,any person or prop- erty, . any` amount or amounts wbich, miay �be • awarded by,final judgment ' -against any person owning or operating. any such. "vehicle not' exceeding however, foP injgr7: Ye ally ;one -person the sunt of Fire Thousand ($5000.00) Do11xrs: -or the ,sum of Twenty- D'ivo • Thousand ($26,000.00) Dol- lars ,for- all persons injured in any one accident or oocasion, such bond or insurance policy to be so conditioned that such claim or cause of action shall survive 1, in c7se of the death of the per- son injured for the benefit` of the beneficiary of such person, and that such bond or insurance Policy. shall not be -_exhausted by the first recovery' but shall be subject to successive recoveries and be subject to alterations of route of such vehiclo as herein provided during the time chile same shall continue in effect; or the sun: of One Thousand (31000.000) Dollars on account of. property'damage to any.one•ac- cruing, on account of the.opera- tions of said motor bus and sub- ject to .approval as aforesaid. Such bond or policy of insurance shall be executed" by a surety or sureties consisting of any solvent surety or insurance cotnpany qualified to transact Business un- der the laws of the State of Texas, and which, are approved by the City Commission. In any case where'a public liability and property damage insurance pol- icy is ,taken out in 'lieu of the bond above provided for, such polipy shall be'deposited and re- =.Ythe 'City Clerk at all times`wfiile the same is in. force and shall be so conditioned that the insolvency or bankruptcy of Assured shall ' not release the Couipany from any payment otherwise due thereunder,and if, because of such insolvency or bankruptcy,. an execution on a judgment against itbe Assured Ss: returned unsatisfiedi the judg- ment creditor shall have a right of action against the Company to recover the amount of said judgment to the same extent that the Assured would have had to recover against the Company had Assured paid the judgment. And provided further': that in the event` the -City. Commission shall at any time, and for any reason deem that a new or additional bond or insurance policy is nec- essary for the protection of the Public they may require a new. or additional bond or insurance policy and the ,person owning or operating any such vehicle or vehicles shall within thre@ days after receiving written notice of such requireinent, provide a new or. additional bond or insurance policy with terms,, amounts, and conditions as herein required; and provided further; that in the absence of special agreement any surety or insurer may by writ- ten demand, require of said City that a new.abond or insurance policy for -any such vehicle; or, 'vehioles; be given by the licensee ;within five days and th'o City 'shall thereupon give written no- tice by mail to such licensee, and upon the filing of such new'bond oor .insurance policy chill. dis- charge such first sureties or.in- surers from further liability to accrue after the time of the.ap- proval, of such new bond or in- surancs'policy; and provided fur- ther that said City shall not 'bo': deemed to have assumed any pe-, -or any other ordinance,'It.shall be the duty of the'City Attoiney to re- port such conviction'„ to' the City Commission, . 'together with his recommendation:4;The- City Commis- sion shall consid'er-,atid act upon said - recommendation' aria may revoke, suspend or continue in force such license as it may deem proper, and the City Commission may, for any good and sufficient cause, revoke, suspend, or continue in force such license, as it may, deem- proper. Such "good and:sufficlent cause" is one where the: operator. is not operating his motor bus. over the route or. during the hours, or on the schedule set, out Ili, his, application, or as modified'by .*the: city commis- sion. - The. enurneratlon; . ',however, does not indlude; other good'and suf- ficient case or causes that'may oc- cur. -'.Section- 8. Any person, firm or corporation shall not be granted the license cer- tificato provided for in this ordi- nance unless and until he file with the'City Clerk an affidavit that he is 'familiar with the Traffic Ordi- nances of the City of Beaumont and with the by-laws of the City of Beaumont relative to the, operation of automobiles, motor' vohicles and all other self-propelled vehicles. .; Section 9._ Any person operating a.inotor bats as defined herein prior to -the pass- age and approval of this ordinance shall lia ,e twexity days from -and after its passage and'approval. with- in which Unto to make -application for license as heroin provided 'for' and otherwise comply with the re- quirements of this ordinance and.no fines or other penalty shall be gs- sessedagainst anysuch persons dur- ing such period for any violation of any provision hereof. . -Section 10. No vehicle -licensed to operate as a hack or carriage shall be licensed to operate as a motor bus. Seciidn 11. The holding or,�alljudication of any section or'; subdivision of any sec- tion of_thts:o,�.dinauce to be invaRid shall not ,affeet•.tlie'validity of any other sectioh or. 'subdivision of.' a section, but 'all other sections and subdivisions; of sectt.ons shall be and remain In 1411, force and.effect. 'Suction' 12. The operit. on . of any motor bits, otherwise, than as provided in this ordinance.is_hereby declared a nuis- ance and:,-m,enace,.to public safety and unlaiViuI.`_ " °Sectloiv 13. Each. and every -.,day's or part.of a day's violation of this ordinance shall constitute' a separate offense, Section 14. All ordinances and parts of ordi- nances conflicting with this .ordi- nance shall, be and the same are hereby repealed, in so far as in con- flict and no further. The "Motor Bus" ordinance passed September 11th, 1923, is hereby repealed. Section 15, The present crowded and con- gested condition of the traffic along the streets in the City of Beaumont, and,the constantly increasing num- bei of automobiles and other ve- hicles along ,such streets thereby causing. a dangerous condition and menace to life and property elt- dangering public -peace; health and safety of the citizens of the City of Beaumont creates 4n imperative public, emergency necessitating the suspension of .. the rulA; requiring ,ordinances to be read. -on three sepa- rate days before ficial passage,; ,%whereforgi such rule is Hereby -sus - .%ended and\this ordinance: sliall be in force and effect trotn and after its passage. Passed by the'affirmative.vote, of a}1 members pl'.',tlte Commissidir this the 10th day of 7ebruaxy, A..b. ,13'25. (Signed) J. AUSTI 1 BARNES, Mayor.