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HomeMy WebLinkAboutORD 7-DAN ORDINAYCE 1L.1 I I �r Entitled an Ordinance defining a "Motor Bus"s providing that it shall be necessary to take out 9 a special license for the operation of the -same and the provisions under which a special li cenbe may be issued; regulating the, running of motor busses within the city limits of the City of Beaumont; providing a penalty for the unlawful operation thereof, and. de- claring the unrestricted operation of said motor bus- ses to be a nuisance and unlawful: BE IT ORDAINED BY THE CITY COWAI SSION OF THIE CITY OF BEAUMONT : Section 1 Unless it appears from the -context that a different meaning is intended, the following worde shall have the meaning attached to them by this .saction: (a) The ~word "Street" shall mean and include any street, alley, avenue, lane, public place or highway within the city limits of the City -of Beaumont, (b) The words "Motor Bus" shall mean and include any automobile' truck or trackless motor vehicle engaged in the business of carrying pas9engerz.5 for hire ?within the.. City limits of the City of .Beaumont, which, -is, :held out or announced by sign, voice, writing, device or ad- t- v?rti Bement to operate or run, or which is intended to be operated or run over a particular street or route or to any particular or de- signated point, or between particular points,, or to or within any \� designated tQrritory,; district or zone. (c) The word "Person" shall include both singular and plural, and shall mem. and embrace any person, firm,, corporation, association, partnership. or society, __No person. shall -run or -operate or' cause to be run or Qperated a motor, bus within the city limits of the city of Beaumont mithout first obtaining a license therefor; and no �iccn.se/ certificate shall be issued until and unless the person so desiring to overate such motor bus shell file with the City. Clerk;-_- ,- of the City of Beaumont an apt-lication for a license; which said avplica,tion shall stats: �. 1 rim (a) The type of motor car to be used as such motor bus. (b) The horsepower thereof. - - (c) The factory number thereof and name of manufacturer. (d) The county license number thereof. (e) The actual seating capacity thereof. If the motor car has been adapted for use as a bus, either by converting `a freight carrying truck into a passen-- ger carrying vehicle, or by reconstruction, modify- ing or adding to the body or seating arrangements of apassenger carrying motor car, a statement of its seating capacity as adopted, and. the methods and materials used in such adoption shall be added. (f) The name and age of each of the persons to. be in im- mediate charge thereof as driver. 'b- (g) The terminals between which such motor bus is to be operated and the street or streets over which such motor bus is to be run, bath going and. returning, The hours of the day during which such 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 term of hours of operation, to- gether with the time of departure from the terminals of such,routes of each trip over the same. The City :.ler:k ., of Beaumont shall refer such application to the City Coy ari ssi on of the City of Beaumont at. its next regular meet- ing. The City Commission m4y grant sande in modi f i ed form, or if any such person k designated in compliance with sub -division "f" of this section, in the _opinion of the City Commission, an unfit per- son to operate such motor bus, or if the. motor car described to be used in the operation of a particular motor bus or motor busses over the route designated by reason of existing traffi e conditi on would'be dangerous or hazardous to public safety, or if said appli- cation be not in compliance with the provisions of this ordinance,, the City Commission may refuse same. Upon the granting of such ap- plication as filed or modified and the -payment of the required li- canse fee, and the filing with th-- City `L'lerkw...; of the indemnity contract herein provided for, and when it has been certified ;P by the City rClerk= the City,.Tax Assessor and Collector shall issue a certificate of license to operate or cause to be operated the motor bus or motor busses described, between the terminals stated and between no other terminals and during the hours stated, and on .. the schedule stated, provided that the terminals stated and the schedule stated in such certificate may thereafter be altered by or- der of the City Commission of the City of Beaumont in its discretion, upon the application of the person holding such license for which , change a fee of fifty (.50) cents shall be charged and collected.. Section 3 The license fees herein provided for are fixed as follows: For each motor bus with a seating capacity of five or less persons, including the driver, thirty five ($35.00) dollars per year; for each motor bus with a seating capacity of seven or less, but more than five persons, including the driver, fifty (50.00) dollars per year; for eachmotor bus capable of seating more than seven persons including the driver five ($5.00) dollars per year for each additional seat over seven. Section �I The license herein provided for shall be good and in force arid effect only for the calendar year in which same is issued. If a license be issued covering a period of less than one half calendar year, than the fee for sante shall be only half the fee provided here- in. License for succeeding years shall by procured and license fees paid before expiration of current year, but the o�ners of all auto busses now being operated shall have twenty days after the taking ef- fect of the ordinance to procure license and indemnity contract as hereinafter provided, and not comply with the further provisions of this ordinance. Section 5 It shall be unlavvful; (a) To drive or opsrate 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 atop any motor bus, or to permit such motor bus to remain standing upon any street for the purpose of loading or unloading passengers, except when 'same be brought as near as possible to the right hand curb of said street,a.d and no closer than twenty (20) feet to the intersecting street curb. ._ 6,1,6L, ?-A- (c) To drive or operatea motor bus Without the City License number thereof displayed in figures not less than .three in- ches in height permanently painted on or attached to the body or appurtenances of the body on both the front and the rear of said motcr bus, 'and on the rear painted the word "Bus. It (d) To drive or operate any motor bus without having perman- ently displayad upon same and permanently attached_ to sante a sign or painting showing both the destination and the route of same in accordance with the provisions of the 'license covering same. (e) To drive or operate any motor bus while any person 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 ase more persons therein than the statedv-cTapacity thereof. r ��i. tCtii (f) To drive or operate a motor bus upon any street in the Ci.ty of Beaumont unless and until the owner or operator there- - of or the person in whose name the license or permit is sought or issued, shall have procured and deposited with the City ;�,l:,er:k.,__ ,; of the City of Beaumont for each such bus to be licensed a good and sufficient bond or policy of insurance such as may be approved by the City Commission as to form and. sufficiency in the amount hereinafter required. and condi- tioned. 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 each person oto than passengers r. in ued by reason of the negligent operation of -such vehicle or on account of any injury which any person may while am- ployed on such vehicle by the licensee, do or negligently allow to be done to any person, any amount or amounts which may be* awarded by final judgment of any court of competent jurisdiction against any person owning -or operating any such vehicle, not exceeding hotvevar for any injury to any ono per- son the sum of Four Thousand (L4-, 000:00) Dollars, or the sum of Eight Thousand ($8, 000,.00) Dollars, for all persons injured in any one accident or occasion; such bond or policy to provide that each such claim or cause of action shall survive -in case of the death of the person 'injured., for the benefit of the beneficiaries of such person, and that such bond or policy shall not be exhausted by the first recovery but shall be sub- ject to successive recoveries and be subject to alterations oI route of such vehicle as herein provided., during the time while ame shall continue in' affect; or the sung of Five Hundred ($500.00) Dollars on account of property damage to any one other than the passenger on -said wotor bus accruing on account of the operation of said motor bus in any street of the City of Beau- mont and subject to approval as aforesaid such bond. or policy of insurance may be executed by sureties or insurers consisting of any solvent surety or insurance company qualified to trans act business in the State of Texas, or such bond may be. executed by two or more personal sureties attaching to such bond their affidavit to the effect that they.own raal estate situated in any specific county or counties of the, State of Texas which is free from incumbrances and subject to no claim of exemption,and of an actual market value to, be stat --d in such affidavit, of not less than. double the amount of such bond: Provided, However, that any person may give one bond limiting the: liability of the sureties to Fifty Thousand 0'50,000.00) Dollars, inlieu of the bond above described, but otherwi s,e conditioned the sezrie, cover- ing and applying to all. such liability on account of any number of vehicles not exceeding five; or one bond limiting the liabil- ity of the sureties to One I3undred Thousand. 0"',100,000.07.) Dollars in lieu of the bond above described but 'otherwise conditioned the same, covering and applying to all such liability on account of any number of vehicles; and provided further, that in the event the City Commission shall at any time and. for any rsasond6ezr; #5- that a new or additional bond or policy of insurance is necessary for the protection of the public they may re- quire a new,or additional bond or policy of.insurance,and the person owning or operating any such 'vehicle or vehicles shall within three days- after receiving written notice of such requirement, provide. a' -new or additional bond or policy with terms,'amounts and conditions as he;ein r(jquired; and provided further, that in the ab- sence of special agreement any surety or insurer may by written demand.require of said City that a new bond for any euch vehicle or vehicles be given by the licensee within five (5) days.and the City shall thereupon give written notice by mail to such licensee, and upon the filing of such new bond shall discharge such first - surities or insurers from further liability to accrue.after the time of the approval'of such new bond; and.provided fur ther.that said City shall not be deemed 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 vehicles, or on account of any act or omission of any person owning or operating any such vehicle; nor shall the lawful liability of any such ,person .owning or operating any such vehicle be in any mannereither limited or enlarged by any- thing in connection with this ordinance ,or such license, bond or insurance; but persons -having any Icause of action secured thereby shall be authorized to sue on any such bond or policy of insurance without.impleading the City; but the provisions herein contained for requiring new or . additional bond if deemed necessary for the protection of the rights of the -public shall nevertheless apply to. Avery incorporated company; or to continue the'operation 'of said motor bus after said policy of.insurance has been cancelled or.retired for any reason until another such bond shall have been procured and deposited with the City Ulerk and approved by him as aforesaid. before the filing of any such insurance contract, it shall first be presented .to and approved by the City Commission of the Uity of 3eaumon.te (g) To fail, refuse .or neglect to operate a motor bus be- tween the terminals. designated and during the hours and on the schedules stated in the license except In cases of ac- cidents, breakdowns or other casualties or.°upon the. sur- render of said license; or to operate or permit to be oper- ated any motor bus .off of or away from' the route 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 -pass one in order to --be first to any prospective passenger or to anyone waiting for a motorbus or other conveyance, 6 - L Any person who shall violate any provision of this Ordinance shall. -.be guilty. of a misdemearior, 'and.upon conviction thereof, shall be punished by a fine not exceeding One Hundred ($1.00,00) Dollars. Section 7 In case of the conviction of the owner or operator of any -mo - for bus, for' the violation of the terms of this or any other ordir_- anca, it shall be the duty of the City Attorney to report such con- viction to the City Commission, together with his recommendation. The City Commission shall ooneider and act upon said recommendation and may revoke, suspend or continue in force such license as it may m deem proper, and the City Commission or any other good and suffi- cient cause, revoke, suspend, or continue in force such license, as it may deem proper. cam„+; ^_ 0 Any person, firm or .corporation shall not be granted the license certificate provided for in this ordinance unless and. until he file with the City Tax Collector and Assessor an affidavit that he is fa- miliar with the Traffic Ordinances of the City of Beaumont and with. the by-laws of the City of Beaumont relative to the operation of au- tomobiles, motor vehicles and all other self-propelled vehicles. Section g Any person operating a motor bus as defined herein prior to the passage and approval of this ordinance shall have twenty days from and after its passage and ay.)proval within which tim6 to make applica_ tion for license as herein provided for and otherwise comply gith t're -requirements of_ this ordinence =and no fines or other_penalty -shall be assessed against any such persons during such period for any viola- tion of any provision hereof. Section 10 The holding or adjudication of any section or subdivision of any section of thin ordinance to be invalid shall not affect the validity of any other section or 'subdivision of a section, but all other sec- tions and -subdivisions of� sections shall be and remain in full force and. effect. Section 11. The operation of any motor bus otherwise than as provided to this- ordinance is hereby declardd a nuisance and menace to public safety and unlawful. Section 12. Each and every day's violation of this ordinance shall constitute a separate offense. Section 13. All ordinances and parts of ordinances conflicting with - this ordinance shall be and the same are hereby repealed, in so far as in conflict and no further, but nothing herein shall be considered as having -repealed that certain ordinance en- titled an Ordinance defining hacks and carriages, as passed by .the City Commission of the City of Beaumont July 5, 1921, and any an endments thereto. ATTEST, c 'ty Clerk. 0