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HomeMy WebLinkAboutORD 47-BFIL$D THIS THE .DA IL-ED TIMOF— J: G. SUTTON, J; G';.. y w ET, S.St•AN ORDINANCE . Entitled an Ordinance defining: a "motor bus pr ovi ding' -that . it shall bb,necessary to take out a special .11cense -for the operation of the,same and the_. provisions_. under which,"a special license may -be `issued; regulatingg the running of motor . busses within the city. limits-. of - the. city. of Beaumont; providing a penalty f or the unlawful operation thereof,, and declaring .the unrestricted 'operation of said motor busses to be a nuisance and-dnlawful;-and declaring an emergency.. BE IT ORDAINED BY THE C ITY -COUNCIL-OF THE. CITY .,QF BEAU1JONT : Section 1. Unless `1-t, appears, from the contextthat a different :meaning is intended, the, following words shall have the .meaning attached to them b' this section: (a) The dor& "Str9et" shall mean and include •rany ;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 passengers for. hire, within the ..city, limits 'of the city of Beaumont:; . why ch .is held .out •; or ; announced, by s3.gn, voice, writing, ddvice or advertisement t.o operate or•run•, or wh.ici­_ is intended to be operated or run over a particular. street -ort route or to any particular or designated point, or 'between',particular points, or .to or within -any designated territory, district or zone.' (c) The wor d, "per sone shall include both singular and Plural, and shall mean.and embrace any ,person, firm•, cor- poratton, association,, p,axtnersh.ip or society - Section 2- No person shall" run -or operate. or taus® to be run ax operated a.rnt�t,or.�bus. within ,the- city limits of the city of Beaumont without first obtaining a license' therefor; and nlicense, certificate shall be. issued.. until and unless the persbn. so 'desiring to `operate such motor bus shall , file with the City Seoretary of the City of Beaumont an application for a license; which said. application shall state: - .(a) The type of motor car' to be used as such motor bus. (b) The* horse power thereof. (c) The factory number thereof an6 name of manu- facturer . (d) The county license number thereof. (e) The actual seating capacity thereof. If the motor car has been adopted for use as a bus, either by converting a greight carrying truck into a passenger carrying vehicle, or by reconstruction, modigying or adding to the body or seating arrange- ments of a passenger carrying motor car,' a state- ment of its seating capacity as ad.opted, and the methods and materials used. in such adaption shall be added. '(f) The'`name and age of each of the persons to be in immediate charge thereof as driver. (g) The temminii between wh`ch such motor bus is to be operated and the stxeet or streets over which such motor bus is to.be run, both going and re- turning. The hours of the d�,y during which such motor bus is to be operated, the frequency of the trips' to be inade over such route, or routes which shall be the same throughout the terra of hours of o__-,eration, together with the time of departure from the terminii of such routes of each trip over the same.' The City Secretary of Beaumont shall refer such application to the City Council of the C ty 6f Beaumont at its next regular meeting. The City Council may grant same in modified form, or if any such par son be d.es ignate d. in compliance with sub -division 'If" of this section,be, in the opinion of the City Council, and Unfit person 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 designates?. by xeason of existing traffic condition would .be dangerous or.hazaedous to public safety, or if said application be not in com- pliance, with the provisions of this ordinance, the City Council may refuse same. Upon the granting of such applicatian as filed or'•;modified and th•e .payment of the required;. license fee, and. the filing with the.,City Secretary, -of the indemnity contract herein, provided for; and when it',has be -en certified to b.y•;the City Secretary, the City, Tax, Assessor. -,and Collector shall--issue•.a. certificate, o license to operate or cause„t.o be operated the motor ,bus, or motor, busses •described';'between the termini i* stated and 'between no- other termin' ll and dur i hg 'the., h.our s stated, and on the, schedule stated, provide&..that the` texmini i stated` and t.Yie- schedulestated in such •certif.ic-ate may. thereafter be altereA by order. of the `.City' Council of the City of --'Beaumont in 'its discretion; upon' the,• 'appli- cation of the person holding such.license for._which change a fee of .Fifty 1_.50) cents shall be, charged and collected. Section.3. The license fee.s:herei,n,provid'e'd,, f•or are fixed as,_ follows For each motor buswith a seating capacity of Five or= less persons, including- the driver, Twenty (20.00)• Dollars per year; For each motor bus wi th a seating capacity of sever•. or less butmoxe .than. fi7Ze persons, including 'the dr iv ex , 'thirty ($30-00) 'Dollars per. year; . For each motor bus capable., of seating more than seven persons, including the driver' Five .($5.00) ,Dollars ]Per year for' each additional seat over .:seven.' Section 4. The license herein, provided for. shall be good and in force and. edfect only for -the calendar year in which same. are issued. If. a license .be .issued ®vering a period of `less than one half calendar ye ax , then the fee for Mme n. License shall, be only half the' .fee provided herei for .succeeding years shall be ppocured and license fees paid before expiration of current year, but the owners of'all auto busses now being operated shall have twenty days after the taking effect of the,ordinance to .procure license and indembity contract, as hereinafter provided., and to comply with the further provisions of this ordinance* Section 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 vr:.lid license as: prescrbbed. in this ordinance for the operation .of such motor bus. (b) To stop any motor bus,, or to permit such motor bus to' remain standing upon ani street for the p urpose of loading or unloading passengers, except when same be brought as near as. possible to the right hand curb of said street, and no closer than twenty (20) feet,to the intersecting street curb. (c) To -drive or operate a motor bi?s without the 'City' License number thereof displayed in figures, not less than three inches iri,,height permanently paintedon or attaehec'_ to the b.ody or appurtenances of the body nnoboth the front and the rear of said mttor bys, and on the rear painted the word. "Bus." (d.)To drive or operate any motor, bis *ithout having permanently displayed.upon'same and permanently attached to same a .sign or painting showing both the destination and the route of same in accordance with the provisi ons of the license, covering same (e) To drive:1,or operate any motor btis 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 are more persons therein than the stated cppacity thereof• (f) To drive or operate a motor ?pus 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 Secretary of the City of "eaumont for each such bus to .be licensed a Good and sufficient bond ar policy of insurance such as may be approved. by the City council as to form and. sufficiency in the amount herein- after required and conditioned that the holder of such license shall and will, well andtruly pay to the Mayor of said, city and to hts successors in office .for the benefit of each person other than passengers injured by reason of the negligent operation of such vehicle or on account Of any injurywhich any person *nay while employed 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 baehicle, not exceeding however for any injury to any one person the sum of Four Thousand ($4,000.00) 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 heneficiaxies of such person, and that such bond or policy shall not be ..exhausted by the: first. recovery but shall be . subject to successive recoveries and be subject to alterations or route of such vehicle as ' herdin provided', during the .time while same shall .continue in effect;.or the sum of Five Hundred (`500.00) Dollars on account of property damage to any one other than the passenger Ion said motor bus accruing on account of the operation of said motor bus in.any street of.the city of Beaumont and. subject to approval as aforesaid such bond.or policy of insurance may be executed by sureties,or insurers consisting of any solvent s- xety or insurance company qualified to ttansact business in the State of Texas, or such bond may 'be exe- cuted by two or more personal siireties attaching to such bond their affidavit to the effect that they own .real estate situated in any specific county or counties of the State of Texas, which is free from incumbrances and subject to no claim of emepption, and of an actual market calue to be stated in such affidavit, of not less than double the amo7.nt 'of such bond. Prov&ded However,that any person may give one bond limitingthe liability of the sureties to Fifty Thousand ;(:50,000.00) Dollars, in lieu of the - bond above ,described, but otherwise conditioned the same, covering and applying to all such liability on account of any mumbex of vehicles not exceeding five or one bond limiting the liability of the sureties to One Hundred Thousand (��100, 000.00) Dollars in' iteu of the bond above described but otherwise conditioned the samf", covering and applying to all such liability on account of any number of vehicles; and-proyided further, that in the event the City Council shall at any time and, for any reason deem that a new or additional bond or policy of insurance is necessary for the protection of the public they may require a new of additional bond or policy of insurance and the person owning or operating any such vehicle or vehicles shall within three days 'after receiving written notid.e of such requirement, provide a new or additional hond- or policy with terms, amounts and 'conditions as herein required; and provided further, that in the absence of special agxeement any surety or insurer may by wr'tten demand require of � said City .that a new -bond for any such vehicle or vehicles, be given by the licensee within five (5) days end the city shall thereupon give written notice by mail to such licensee, and upon the filing of such ne7 bone, shall discharge such first suret*-Gs or insixrers, from further liability to accrue after the time of the approval of such new bond; and provided further that said city shall not be deemed to have assumed any peauniary responsibility for the solvency of any such surety or insurer or in. any manner to have become liable for any sum on account of any .omission claim, or on account of any F -et or 0=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 manner either limited or enlarged. b.y: an` thing i_ n connection with this. ordinance or such license, bond or insurance; .but persons having any cause 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 bonO.'if deemed necessary for the protection of the rights' of. the public'shall never the less apply 'to every incorporated company; or to continue' the operation of .said motor bus after said policy of insiixance .has been cancelled .or retired for any reason until another such bond shall have bben procured. and deposited with the City Secretary; and. approved by him as .aforesaid: Before the filing of a%v: such insurance contract it shall first be presented and approved by the City Council of the City of Beaumont. (g) To fail,, reguse or 'neglect to operate a motor bus . between the. rerminii designated and' during the"hours and on the schedules' stated in the license except in cases of accidents, breakdowns or other casualties or upon the surrender of xaid 'license;or to' operate-- or permit to be operated. any motor, bus off of of,_away from the route stated and fixed in the license for the operation of such bus. (h) To race -tith any other auto bus or. to drive, rapidly t,o pass one nor.der to be 'f.irst ,to any, prospective passenger or .to any, one waiting" for a motor bis or other, conveyance (i) To -reconstruct.; materially alter, modify 'or add to - the .body or,.seating ar angements of any motor bas, after the 'license `thereof. is' issued without first applying for and receiving the ,consent of the City Council'.1'' (J) To a!un any motor bus, with...the top up, between .sundown and sunup, ualess the same 'is equipped -with, a light or fights which' shall. �be kept burning so as to ;well light. both the front aril rear seats of sai_d'.bus'. Section.6• Any person who shall violate .any .provision of this, Ordinance shall be guilty of a 'misdemeanor, . end' upon conviction thet�aOf, ,shall be punished- by a fine nbt 'ex= ceeding Two Hundred ($� 00.00) Dollars• .' Section 7. In Cash Of -the 0OnVlcti'oh of:.the owner or. 0 erator of any motor bus, of the violation of the terms of this or -any other ordinance; it shall be the duty 'of the City .MA ttorney to' report sueh- conviction.to the 'City Council.' together with . his. recommendation.'. The City -..0 ounc it shall consider and act upon .said rs,commQ'hdation and may revoke suspend or'. ':continue in force such license as it .may de am proper, and'the; Ci,ty:Councj.l.may for any.other good %'and sufficient,'.cause revoke , suspend, or continue in force s.'uch license, as it, may deem proper. secti'o'n 8: Any, parson, firm or corpora ion shall not be granted the ; license certificate pro.v.ided for in thj s' -or. d..inahce' unless and until ,•Ee file', with the, City Tax Collector and Assessor an affidavit that he is familiar. w-ith' the Traffic ordinances of the City of Beaumont and with'the by -lags of the City of Beaumont relative to the operation Of automobiles'- motor' vehicles ;and all other 'self- propelled vehicles. `. Section 9. Any person operating .a motor- bus as defined herein prior to the passage and -approval of tit's 'ordinance shall have twenty days from and after its', passage and approval . ,vi.thin which time,, to make applicat ion for license as herein provided for and otherwise-* .c;omply with the re- quirements.. -Of t'nis ordinance and no:fines.`or other;nenalty, shall be assessed. against :any such personsduring ,such period for any, violation of any pr,ovisibn here of. Section to The holding or., ad judlcation ,of any section or su)3-- 'division of. any section of this' ordinance 't o. be invalid shall 'not. affect the .validity of any other section or. . 1. subdi71s,i6n of a section, b'ut: all other sections and sub divisions of sections shall .be and remain in full force and effect., 'Section 11. The operation of any: motor bus otherwise than as pr o- viAwd,in this ordinance is hereby declared�a nuisance and menace •: to public, safety,. ;and unlawful. Section 12. Each and.:every` days violation of this .ordinance shall constitute .a separate offense: ::,Section l3 All ord'i'nances 'and parts of or'dinances conflicting . With this ordinance shall "be .and the same are hereby, repealed, in' so far..as in conflict ' and no further. Section 14. , The fact that the City of Beaumont at the present time 'has no *ordinance or means of'con'trolling .the use, of its streets by motdr_,busses and the fact that a great many motor bt�s.ses are i,zsing, the '.stceets ,of the City ;of Beaumont for the transportation of passengers and are': sub jea to no control by .the .Council; andthe fact that", rules' anal regu- .lations' ar•e necessary' in 'order to 'take proper care o.f the interest 'of the. people'- dhd' .to provide for the safe operation . of said motor busses over the •,.streets and. other ,pub le places ''creates an .emergency an. impera.tiv.e public :.necessity necessitating thee. suspension of ''the mile requiring ordinances. to be read at three regular meetings. Said . Azle is therefore suspended and this or' dinaric:e..shal1, take e'ffec,t and -Pe in fuil:force..from and,.afte�r'.'its s^age and.1awflzl publioation. = Passed this the der of %lA.D.1915. . ``-Approved this the- d o.f Attest: PAY -0e cetary hZay°r Beaumont, Texas, lia,rch Sth, 1915. Hon.1dayor & City Council, C -i -t -Y. Ile ntle rie n We, your Ordinance committee ,to w)aom was referred the attached ordinance beg to 2!ep02!t that we have carefully examined same and xecommenl that it be adopted. Respectfully, F; 2tj %- A—,V_- // A:.,' Ordinance Committe STONE & WEBSTER, GENERAL MANAGERS / P' /91's INC. A F TOWNSEND 45 C. F. W. WETTERER MANAGER PRESIDENT ' EASTERN TEXAS ELECTRIC COMPANY ADDRESS ALL COMMUNICATIONS. TO THE COMPANY Beaumont,`Texas, October 16, 1920. . '! Mr. Geo. J. Roark, City Manager, Beaumont, Texas., Dear Mr. -Roark: You will recall that about a week ago, I mentioned } the fact that autombbiles were being operated- in' Beaumont_.for__._- _ thecarrying of passengers "between Beaumont and Port- Arthur. We understand that Mrs. - Annie Z. Johnsoniis running }.k, three or more cars at certain parts of the day between Beau wont and Port Arthur., The license numbers on the cars oper- `' '- > ated by Mrs. Johnson are as follow: .Oldsmobile,` 7 -passenger 380818 Closed car, 5 -passenger 485376 Touring car,7-passenger 361318.• At least one of these cars can be identified by . a canvas sign over the hood of the car on which is printed :I,.' :.•. "Port Arthur -Beaumont Passenger Transfer Service." am enclosing'heirein for your convenience a -copy ';� - of ord�riarice"`passed -on-tie 16th day 'of March, 1915; and would ' 4•• like to have you advise me if Mrs. Johnson is operating her cars in the City of Beaumont in accordance with this .ordi- ; nance. Thanking you for your favor in the matter, I am Very truly yours, Manager. - - W-ober 18th, 1gao. ' i ita A. F. TtliiTri-�y sen.d9- it�2�.t * ' ric o. Dear- Sir: {(� A nig ,-ill y acpKn`�ovriecge ^receipt .fly ura f Octcbor ative AII4la T,'* gohnvt'3'r operating, c.l; tw-,:,,ob!I6'.,3 b6tween e u cnu aha Port Arthur -i ror a 9ze,5 �'ieal re-- T shall carefully to of into the proposition-and-advise you as to results. Very ;G r nly, CITY TIATTAMM. A l 4 MAYOR r B. A. STEINHAGEN COMMISSION Torn J. LAMB DR. J. B. SWONGER MANAGER GEORGE J. ROARK CITY CLERK B. C. LEBARON CITY OF BEAUMONT, TEXAS EXECUTIVE OFFICE. Mr . L ama, r Har t , Asst. City Attorney, City. Dear Sir: BEAUMONT, TEXAS, November 22nd, 1920. : The attached papers are referred for your early attention and report. i' GJR : HSI, . i Very tr u y, C NAGER.