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HomeMy WebLinkAboutORD 59-Ew AN ORDINANCE Amending an Ordinance entitled "Axe Ordinance Entitled an Ordinance defining a "Motor Bus"; providing that it shall be necessary to take out a special license for the op6ration of the same, and the provisions under which a special license may be issued; regulating the running of motor busses within the city limits of the City of Beaumont, and prohibiting their operation under various conditions, prohibiting the license as a motor bus any vehicle licen--ed as a hack; providing a penalty for the un- larful operation thereof; declaring the unrestricted oiler tions of said motor busses to be a nuisance and unlawful.; repealing all or- dinances in conflict herewith and declaring an emergency", passed on the 10th day of February, 1925, and providing for the amounts of bonds to be given by persons operating motor busses carrying goods, etc., only, and declaring an emergency. BE IT ORDAINED. BY THE. CITY COI4IMISSION OF THE CITY OF BEAUMONT: Section I. That Section 5 of the Ordinance mentioned in the preamble hereof be amended so that the same shall hereafter be and read as follows: "S ACTION 5. It shall be unlawful.: (a) To drive or operate or cause to be driven or operated any motor bus upon or along any street unless there is in force and effect a valid license as prescribed in this or- dinance 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 frei#ht, 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 therefrom, and no closer than eighteen (18 ) feet to the intersecting 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 painted the word "Bus". (d) To drive or operate any motor bus without hav- ing permanently displayed upon same and permanently attached to same a _si&n or pai4t- . C/ old (e) To drive or operate any motor bus while any person is standing or sitting on the run- ning board, fender or door the -•eof , or while any person is riding on the same outside of the body thereof, or when there are more per- sons 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 or 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 suffi- cient bond or public liability and property damage insurance policy such as may be approved by the City Manager as to form and sufficiency in the amount hereinafter required and conditioned that the holder of such license 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 vehicle or on account of any injury which any person may while employed on such vehicle by the licensee do or negligently allow to be done to any person or property, any amount or amounts which may be awarded by final judgment against any person owning or operating any such vehicle, not exceeding, however, for injury to any one person the sum of Five Thousand (;5000.00) Dollars; or the sum of Twenty -Five Thousand (25,000.00) Dollars for all persons injured in any one accident 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 beneficiary of such pe: -son, and that such bond or insu-.•anc a policy, shall not be exhausted by the first recovery but shall be subject to succe-sive 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 Dollars ($1000.00) on account of pro- perty damage to any one accruing on account of the operations of said motor bus and subject to approval as aforesaid. auch bond or policy of insurance shall be executed by a surety or sureties consisting of any solvent surety or insurance company qualified to transact 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 Olgrk at all times while the same is in force and shall be so conditioned 3- u -t41 . 1 ► 1 unsatisfied, the judgment 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 me, and for any reason deem that a new or additional bond or insurance policy is necessary for the protection of the public they may re wire a new or additional bond or insurance poicy aixi the person owning or operating any such vehicle or vehi les shall within three days after receiving written notice of such re-quirement, 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 agree- ment any surety or insurer may by written demand require of said city that a new bond or insurance policy for any such vehicle, or vehicles, be given by the licensee within five days and the City shall thereupon give written notice by mail to such licensee, and upon the filing of such new bond or insurance policy shall disch�_rge such first sureties or insurers from further liability to accrue after the time of the approval of -such new bond or insurance policy; and provided further that said City shall not be deemed to have as sum ed 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 re- lating to such vehicle, or on account of any act or omission of any person owning cr operat- ing any such vehicle; nor shall the lawful liability of any such person owning or operat- in ' any such vehicle be in any manner either limited or enlarged by anything in connection with this ordinance or such license, bond or insurance policy; but persons having any cause of action secured thereby shall be authorized to sue on any such bond or insurance policy without impleading the City; but the provi- sions herein contained for requiring new or additional bond or insurance policy if deemed necess-ary for the protection of the rights of the public shall nevertheless apply to every incorporated company; or to continue the operation of said motor bus after said bond or insurance policy has been cancelled or re- tired for any reason until another such bond or insurance policy shall have been procured and deposited with the vi ty Clerk and approved as afore,.aid. before the filing of any such insurance contract, it shall first be presented to and approved by the City Manager cf the City of Beaumont. rrovided further that the appli- _ _ _ the business of carrying goods, wares, mer- chandise, baggage, or freight, the amount of their bonds shall be, for injury to any one person the sum of Two Thousand Five Hundred ($2,,500900) Dollars; or the stun of Five Thousand Lollare ($5,000.00) for all persons injured in any one aasident or occasion; or the sum of One Thousand Dollars (1,000.00) on account of property damage to any one accruing on account of the operation of the motor bus aped shall be conditioned and shall be furnished as above provided for bonds for those motor busses engaged in the carrying of passengers, or carrying of passengers, and goods, etc. (g) To fail, refuse or neglect to operate a motor bus to and from the city tenninal designated and during the hours and on the schedules to and from such terminal stated in the license, ex- cept 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 fivm the street or streets st,:ted and fixed in the license for the operation of such bus. (h) To race with any other auto bus or to drive rapidly to pass one in order to be first to any pros- pective passenger or to anyone 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 eaumont, which motor bus h•.s a rated or actual seating :rapacity of more than sixteen persons, or which in fact contains more than sixteen persons. (j) To run or operate or cause to be run or operated any motor bus on, along or over any of the following streets within the City of Beaumont; Pearl Street between Franklin Street and Calder - Avenue; Orleans Street between Fannin street and Liberty Street; or upon any street inter- secting those portions of rearl and Urleens Streets herein refer --ed to and lying between Main Street and Orleans 0'treet, or Liberty Jtreet between I.iain and Orloans Street; pro- vided, howe-: er, that motor busses opera= ting between points outside of Be,;,umont and points in the 'Jity of =Beaumont may operate said motor bus on Fannin Street for the purpose of reach- ing any fixed terminus situated on private pro- perty; p2ovided, however, passengers shall not be taken on o discharged while said motor bus is on Fannin Street." Section 2. The fact that persons operating those motor busses that required to give bonds which are too large and are practically prohibitive of operation of such motor busses and -result in prohibition of 16gitimate businesses and throw an undue b=den upon the owners and operators of such motor busses as above described, creates an imperative public emergency necessitating the suspension of the rule requiring Ordinances to be read on three separate days before final passage, tjliherefor a such rule is hereby suspended and this ordinance shall be in force and effect from and after its passage. Passed by the affirmative vote of all members of the Commission, this the��h day of March, A. D. 1925. •`�X The State Country of it 111J, -noA and sav�ioav 00P auoyd •6xae11aQ vaa3 •sag oienog PL ouoolao Jou.+03 'Pull -Zua uI asuaaalua aql ;o u"Juct ;alga agi aq IIIA P.IUA&pq 2unT he undersig>aed authority, on this day personally appeared------------------ - __________________ _____w_ n to me, who being by me duly sworn, on his oath de- poses and says, hat he'is'tlie_--- - ---.- t= -----of the B ISE, BEAUMONT JOURNAL, a newspaper published in said county; that a copy of the within and in ,vas pqblished in said newspaper, such publication being on the following dates: _. - -------- - - - - ----- �_ _ � _ _ _ _ _ A. D. 192 � , and a newspaper copy of which is hereto at- tached..10 ------------------------ Sworn to and subscribed before me, this _ _ _ -------- day o 01' _ ------ A. D. 195: _ _ ub7County, Notary Plic, Jeffers Texas. The Stat County o tacked. f Sworn to be amended so that the'sameshall hereafter be and read as follows: "Section 5—It shall be unlawful: e C (a) To drive or operate or cause to be driven or. operated any motor bus upon or along any street unless 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, mer- chandise, baggage or freight, ex- cept when same be brought as near as possible to the right hand curb of said street, and in no event more than 12 in therefrom, and no closer than eighteen (18 feet to the intersecting street curb. () To drive or operate a motor A busc,vithout the City l(cense 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 painted the word 'Bus." (d) To drive or operate any mo- tor bus without having permanent- ly displayed upon same and perma- nently attached to same a sign or painting showing the destinations of same in accordance with the provisions of the license covering same. (e) To drive or operate any mo - and tor.bus while any person is stand- ing 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 these are more persona therein than the stated seating capacity thereof. (f) To drive or operate a motor busupon any street in the City of Beaumont unless and until the owner or operator thereof or the person in whose name the license or permit is sought or issued shall have procured and deposited with' the City Clerk of the City of Beau- mont, for each such bus to be li- censed a good and sufficient bond or public liability and property damap-e insurance policy such as .ma- � approved by the City Man - Ato form and sufficiency in unt hereinafter reauired Xv I' e QHA 150� or e 11- r - Every One an Inji, t= Every Hat Worth Mucen Regular pfor Hats From Gage, Ira. Mme.Chekanow, Holllji No Phone, Mail, C. O. D. 'clot at l he of H=TE Ut to �b 11 continue e sum of One Tliou- san3 Dollars ($1,000.00) on account of property damage to any one ac. cruing on account of the operations of said motor bus and subject to approval as aforesaid. Suoh bond or policy of insurance shall be exe- cuted by a surety or sureties con- sisting of any solvent surety or in- surance company qualified to trans- act business under the laws of the State of Texas, and which are app - proved by the City Commission. In any came where a public liability and property damage insurance Policy is t"en out in lieu of the bond above provided for such per- sons injured in any one accident Policy shall be deposited and re- main with the City Clerk at all timgs while the same is in force and shall be so conditioned that the insolvency or bankruptcy o Assured shall not release the Com - with this ordinance or such license, bond or insurance policy; but per- sons having any cause of action secureld thereby shall be Author- ized to sue on any such bond or insurancepollcy without implead- ing the City but the pprovisions herein contained for requiring new or additional bond or insurance policy it deemed neoessarEy for the ub- lic shall neve thelerotection of the sshts apply t the Incorporated company; or to con- tinue the operation of said motor bus after said bond or insurance policy has been cancelled or retired for any reason until another such bond or insurance policy shall have been procured and deposited with the City Clerk and approved as aforesaid. Before the filing of any such insurance contract it shall first be presented to ansa approved by the City Manager 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 ac- tion arising out of the operation of such motor bus may be instituted and maintained in Jefferson Coun- ty, Texas, regardless of the place of residence of such applicant; pro- vided that as to those motor busses that are engated only in the busi- ness of carrying goods, wares, mer- chandise, baggage, or freight, the amount of their bonds shall be, for Injury to any one person the sum of Two Thousand Five Hundred ($2,500.00) Dollars; or the sum of Five Thousand Dollars ($5,000.00) for all persona injured In any one accident or occasion; or the sum of One Thousand Dollars ($1,000.00) on account of property damage to any one accruing on account of the operation of the motor bus and shall be conditioned and shall be furnished as above provided for bonds for those motor busses en- gaged in the carrying of passengers or carrying passengers, and goods, etc. (g) To fail, refuse or neglect to operate a motor bus to and from theojty terminal designated and during the hours and on the sched- ules to and from such terminal stated in the license, except in cases of accidents, break -downs, or other casualties or upon the surrender of Lijild licence; or to operate or permit be operated any motor bus off of Pr away_'om the street or streets (h) To race with any other auto bus or to drive rapidly to pass ons In order to lie first to any prospec.i tive passengbr or to anyone waiting for s motor bus or other convey. ante. (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 motor bu has a rated or actual seating c pacity of more than sixteen per= sons, or which in fact contains more than sixteen persons. (j) To run or operate or cause' to be run or operated any moto bus on, along or over any of thol streets within the City- of ityof Beaumont: Pearl street between .Franklf street and Calder avenue; Orlean street between Fannin street a Liberty street; or upon any stre Intersecting those portions of Pe and Orleans streets Herein refer to and lying btween Main str and Orleans Itreet, or Libe street between Main and Orlea street; provided, however, that m for busses operating between P.I. outside of Beaumont and points i the City of Beaumont may opera said motor bus on Fannin street fo the purpose of reaching any fix terminus situated on private pro erty; provided, however, passen+ Wars shall not be taken on or dis charged while said motor bus is; on Fannin street. SECTION II The fact that persons operating; those motor busses that carr goods, wares. merchandise, bagga or, freight only are now required givebondswhich are too large an practicallyare prohibitive of ope ation of such motor busses and r sult in prohibition of legitima businesses and throw an undue bur den upon the owners and operato of such motor buses as above de scribed, creates an imperative pu lie emergencv necessitating the su pension of the rule requiring or nances to be read on three se rate days before final passa wherefore such rule is hereby s needed and this ordinance shall b in force and effect from and aft its passage: Passed by the affirmative votj of all members of the Commissiol% this the 24th day of March, A. Ds 1925. J. AUSTIN BARN_ ES, carnage insurance policy such as I ul Man! -may approved by the City Mn- V,to form and sufficiency in of A6unt hereinafter rPauired ca �4E'__.e•uatU E''�tY I or 7VD2[.I 150 HAITI ` ' er- Every One an Indby Every Hat Worth Muc1°e Regular Peor of Hats From Gage, 141 Mme.Chekanow, Holli' No Phone, Mail, C. O.1). ;Qe Ell, imo-Y!, 11 continue sum _;Tons Thou- 770saDollar. (=1,000.00) on account of property damage to any one ao- cruing on account of the operations et said motor bus and subject to pproval as aforesaid. Suoh bond r policy of insurance shall be exe- rted by a surety or sureties con-_ Wing of any solvent surety or in. rance company qualified to trans. act business under the laws of the State of Texas, and which are app - Droved by the City Commission, In any case where s public. liability, and property damage insurance Policy Is taken out in lieu of the bond above provided for such per- sons injured in any one accident Policy shall be deposited and re- main with the City Clerk at all timgs while the same is in force and shall be so conditioned thatt' the insolvency or bankruptcyy of Assured shall not release the Com. pany from any payment otherwise i due thereunder, and if, because of nuotl ]Haul bate icruy6cy, aR execution on a a aln.t the Assured is returne 4. the judgment creditor shall h right of action against the Com. , pany to recover the amount of said judgment to the same extent that the Assured would have had to re- cover against the. Company had Assured paid the Judgment. Andl Provided fur3her that in the event the City Commission shall at any time, an& for any reason deem that a new or additional bond or insurance policy is necessary 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 three days after receiving written notice of such requirement, pro. ' vide a new or, additional bond or insurance policy .with terms amounts, and conditions as herein. required; and provided further, th;t in the absence of special agree- ment any surety or insurer may by written demand require of said. City that a new bond or insurance Dol. icy for any such vehicle, or vs. hicles„ be given by the licensee within five days and the City shall thereupon give written notice by Mail to such licensee, and upon the filing cf such new bond or insur. an,!.ane policy shall discharge such first sureties or insurers from fur. ther liability to accrue after the time of the approval of such new bond or insurance polioy• and pro. vided further that said City shall 'lot be ceenieQ to have assumed any pecuniary responsibility for the solvency of any such surety or its. aurer or in any manner to have be- come liable for any sums on go. count of any such claim or on LC• count of any act or omission any officer or officers of the Cita In connection with any hatter re- lating to such vehicle, or on Se. count of any or omission of aily person vehicle; nowning r shall theniaw ul liability of any such person ownizIS or operating any such vehicle be In any manner either limited or en- larged by anything in Connection tng tae nours and.on.the sched- a to and from such terminal ted in the license, except in cases lecidents, break -downs, or other ualtles or upon the surrender of I licence; or to operate or permit )e operated any motor bus off of away„Vom the street or streets passage. Passed by the affirmative v of all members of the Commisal this the 24th day of March. A. 1925. T. AUSTI.\ BARNNO