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HomeMy WebLinkAboutORD 55-G-X01'4 11 AN ORDINANCE w. �'� i J• l lc' $` ENTITLED AN ORDINANCE DEFINING A MOTOR BUS, PROVIDING THAT IT SHALL BE NECESSARY TO TAKE OUT A SPECIA1 PERMIT FOR THE OPERATION OF THE SAIE, AND THE PROVISIONS UNDER WHICH A PER;IT 10AY BE ISSUED, RE- GULATING THE RUIPTIING OF MOTO." BUSES uJITHIN THE CITY LIMITS OF THE CITY OF BEAUMONT, AND PROHIBITING THEIR OPERATION UNDER VARIOUS CON- DITIONS, DECLARING THE UNRESTRICTED OPERATION OF SAID VERICL$S TO BE A NUISANCE AND UNLA:0M, REPEALING ALL ORDINANCES AND PARM OF ORDINANCES Ili CONFLICT HEREYJITH IN SO FAR AS IN CONFLICT AND NO FURTHER, AND PROVIDING THAT THE HOLDING OR ADJUDICATION OF ANY SEC- TION OR SUBDIVISION OF ARTY SECTION OF THIS ORDINANCE TO BE INVALID SHALL NOT AFFECT TIM VALIDITY OF ANY OTHER SECTION OR SUBDIVISION OF A SECTION, BUT ALL OTHER SECTIONS AND SUBDIVISIONS OF SECTIONS SHALL BE AND REI&IN IN FULL FORCE AND EFFECT AND PROVIDING A PENALTY FOR THE VIDLATION THEREOF. BE IT ORDAINED BY THE CITY COM aSSION OF THE CITY OF BEAUMONT: Sectional. Unless it appears from the context that a different meaning is intended, the following words shall have the meaning attached to $gem by this section: 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 word "motor buB" shall mean and include any automobile, truck, or trackless motor vehicle engaged in the business of carrying passengers, or goods, wares, or merchandise, baggage, or freight, or both passengers, goods, wares, merchandise, baggage, or freight, for hire between points within the city limits of the City of Beaumont and surrounding cities, towns, villages, communities, and localities. c. The word "person" includes both singular and plural, and shall mean and embrace any person, firm, corporation, association, partnership, or society. Section 2. No person shall run or operate or cAEse to be run or operated a motor bus within the city limits of the City of Beaumoht without first obtaining a special permit therefor, and no permit certificate shall be issued until and unless the person so desiring to operate such motor bus shall file with the City Manager of the City of Beaumont an application for a permit, which said application shall state: 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 State license number thereof. e. If a passenger -carrying bus, the actual seating capacity the reef. If the motor car has been adapted for use as a bus either by converting a freight-earryinz vehicle into a passenger vehicle, or by reconstructing, modifying, or adding to the body or the seating arrangements of a passeng- er -carrying motor oar, a statement of its seating capacity as adapt ed, 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 a driver. g. The terminal within the City of Beaumont and the street or streets over which said motor bus is to be run, the hours of the day during which said 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 terms of hours of-'ope'ration, together with the time of doa3:rture from the terminals of soh rate of ,.each trap oygr t}jP, same. 04 h. Post Office address of operator of the motor bus. I. If the motor bus is intended to carry goods, etc., state the usual kinds and quantities to be carried. SECTION 3. The City Manager shall refer such applications to the City Commis. sion of the uity of Beaumont at its next regular meeting. The City Commt;- sion mLy grant same as filed, or in modified form as in its judgment is to the best interest of the ublic, or if any such person designated in com- pliance with subdivision Tf) of Section (2) be, in the opinion of the City Commission, an unfit person to operate such motor bus, or if, in the opin- ion of the Commission, the motor car described to be used in the operation of a passenger motor bus, or motor busses over the street or streets de- signated, by reason of existing traffic conditions, shall be dangerous or hazardous to public safety, or if said application be not in compliance with the provisions of the ordinance, the City Commission may refuse same; provided, however, that no permit shall be issued authorizing the operation within the city limits of the City of Beaumont of a motor bus having a rated or actual seating capacity of more than- persons. Upon the granting of such application by the City ' oL'm�sio as filed, or in modified form, and after filing with the City Clerk the indemnity con- tract and property damage bond herein provided for, and after it has been certified by the City Clerk, the Chief of Police of the City of Beaumont shall issue a permit to operate or cause to be operated the motor bus or motor busses described, within the city limitsof the City of Beaumont, over the street or streets, and at the time set out in paragraph (g) of Section (2), or as modified by the City Commission, as herein provided. Provided that the terminal stated and the schedule stated in such permit may thereafter be altered by order of the City Commission in its discre- tion, either on its own motion, or upon the application of the person holding such permit; and providing that the City Commission may cancel said permit for good cause at any time after ten days' notice by letter mailed to the operator at the Post Office address given in said applica- tion, to appear before said City Commission at the next regular meeting after ten days, exclusive of the day of mailing, to show reason why said permit should not be cance)1ed. Good cause, as herein used, shall, among other things, include the failure on the part of the owner or operator to operate or cause to be operated his motor bus, according to the terms and provisions of this ordinance, as herein provided, as well as any other reasonable cause or causes that may be deemed sufficient by the City Commission. SECTION 4. a. The permit herein provided for shall be good and in force and effect only during the calander year in which same is issued, subject, however, that the City Commission of the City of Beaumont may cancel said permit for good cause, as defined in Section (3) of this Ordinance. b. The Chief of Police shall keep a record in which he sill enter the names of all oviners of motor busses for which a permit tooperate has been issued, together with the number and date of such permit, and shall furnish the owner thereof with a city license number for each vehicle op- erating under the terms and 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 valid permit as prescribed in this Ordinance for the operation of such motor bus. b. To stop any motor bus or permit such motor to remain standing upon any street for the purpose of loading or unloading passengers or goods, wares, merchandise, baggage, or freight, except when the same be brought -2- M • as near as practicable to the right hand curb of said street, and in no event more than twelve inches therefrom, and no closer than eighteen feet to the intersecting street curb. c. To drive or operate a motor bus without the city license number thereof displa ed in figures not less than three inches in height per- manently paint d on or attached to the body or appurtenances of the body on both the'front and rear of said motor bus and on the rear painted the word, "Bus". d. 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 are more persons therein than the stated seating capacity thereof. e. 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 permit is issued, shall have procured and deposited with the City Clerk of the City of Beaumont, for each such bus for which a permit is sought, a good and sufficient bond or public liability and insurance policy such as may be approved by the City -Manager as to form and efficiency, payable to the City for the use and benefit of any per- son or persons entitled thereto; said bond shall not be void upon one recovery, but may be sued upon from time to time and shall at all times be in force for full amount as herein specified in the sum of Two Thous- and Five Hundred ($2,500.00) Dollars and conditioned that the holder of such permit shall and will well and truly pay all legal damages for in- juries sustained by any persons, including injuries resulting in death caused by or on account of the negligence or willful act of the owner or the operator of such vehicle or any agent, representative or servant of such owner or the driver of such vehicle in the operation thereof occuring, accruing or that is occasioned during the period said permit is in force and effect and a further bond or policy of insurance in the sum of One Thousand (01,000.00) Dollars, payable to the City for the use and benefit of any person or persons entitled thereto which said bond or policy of insurance shall be conditioned that the owrB r shall pay all legal damages for injury to prope person or perons on account of the negligence or willful �hicle by anyone operat- ing same with the knowledge and consent expressed or implied of the owner within the corporate limits of the Ci%. Said bonds or policies of insurance shall further provide that suit may be brought thereon directly in connection with the owner in aky and all causes of action covered by its provision. Should a recovery be had on such bonds or policies of insurance or either of them, and the liability thereunder decreased, a new bond or policy of insurance in the original amount herein provided for shall be at once substituted or else failure SD to do shall automatically cancel the license certificate issued by the City herein, said policies shall be deposited and remain with the City Clerk at all times and shall be so conditioned that the insolvency or bankruptcy of assured shall not release the insurer from any payment otherwise due thereunder, and if because of such insolvency or bank- ruptcy an execution on a judgment against the assured is returned un- satisfied, the judgment creditor shall have the right of action against the insurer to recover the amount of said judgment to the same extent that the assured would have had to recover against the insurer 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 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 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 agreement any surety or insurer may try written demand require of the city that a new bond or insurance policy for any such vehicle or vehicles be given by the licensee within 130 days, and the city small thereupon give written notice by mail to such licensee and upon the filing of such 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 new bond or insurance polig; and provided further that the city shall not be deemed to have assumed any pecuniary responsibility for the solvency of any such sureties or •.3 mo insurer, or in any manner to become liable for any such sureties or in- si rer, 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 any person owning or operating any such veh tle; nor shall the lawful liability of any such person owning or operating any such vehicle be in any manner either limited or enlarged by anything in connection with this Ordinance or such permit, 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 provisions herein contained for requiring new or additional bond or insurance policy if deemed necessary for the protection of the rights of the people shall, nevertheless, apply to every incorporated company; or to continue the operation of said motor bus after said bond or insurance policy hasbeen canceled 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 con- tract, it shall first be presented to and approved by the City Manager of the City of Beaumont; provided further that the applicant shall be- fore a permit is issued to him file with the City Clerk a written state- ment agreeing that any suit filed against such applicant upon a cause of action arising out of the operation of such motor bus, may be in- stituted and maintained in Jefferson County, Texas, regardless of the place of residence of such applicant. f. To fail, refuse, or neglect to operate a motor bus to and from the city terminal designated,and during the hours and on the schec% le to and from such terminal stated in the permit, except in cases of accident, breakdowns, or other easizities, or upon the surrender of said permit, or to operate or permit to be operated any motor bus off of or way from the street or streets as stated and fixed in the permit for the operation of such bus. g. To race with any other auto bus, or to drive rapidly to is ssone in order to be first to any prospective passenger, or to any one waiting for a motor bus or other conveyance. h. To drive or operate or cause to be driven or operated any motor bus upon or alonE any street in the City of Beaumont, which motor bus has a rated or actual seating capacity of more than [Lo ,persons, or which in fact contains more than _T D pe rsons. i. To run or operate or cause to be run or operated any motor bus upon, along, or over any of the following streets within the City of Beaumont: Pearl Street between Franklin and Calder Avenue; Orleans Street between Franklin and Liberty Street, or upon any street intersecting those portions of Pearl or Orleans Streets herein referred to, and lying be- tween Hain Street and Orleans Street, or Liberty Avenue between main and Orleans Streets; provided, however, that motor busses operating between points outside of Beaumont and points within the city limits of Beaumont may operate said motor busses on Fannin Street for the purpose of reaching any fixed terminal situated on private property; provided, however, that passengers shall not be taken on or discharged while said motor bus is on Fannin Street. SECTION 6. .Any person who shall violate any provision of this Ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed $100.00. SECTION 7. In the case of conviction of the owner or operator of any motor bus for the violation of any of the terms contained in this Ordinance, it shall be the duty of the City Attorney to report such conviction to the City -4- ,/ c�­ e-. r Commission, together with his recommendation. The City Commission shall consider and act upon such recommendation and may revoke, suspend, or continue in force such permit as it may deem proper, and the City Commission may, for any good and sufficient cause revoke, suspend, or continue in force such permit. Any person, firm, or cor,oration shall not be granted a permit as provided for in this Ordinance, unless and until he files with the City Clerk an affidavit that he is faimilar with the traffic ordinancesof 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 herein defined, and prior to the passage and approval of this Ordinance, shall have days from and after its passage and approval within whic time to make application for permit as herein provided, and to otherwise comply with the requirements of this Ordinance, and no fines or other penalties shall be assessed against any such person, firm, or corporation during such period for the violation of any provision herein contained. SECTION 10. The holding or adjudication of any section or subdivision of any section of this Ordinance to be invalid shall not affect she validity of any other section or subdivision of a section, but all other sections and subdivisions of sections shall be and remain in full force and effect. SECTION 11. The operation of any motor bus otherwise than provided for in this Ordinance is hereby declared to be a muisance and menace to public safety; and unlawful. SECTION 12. Each and every day's and part of day's violation of this Ordinance shall constitute a separate offense. SECTION 13. All ordinances and parts of ordinances conflicting with this Or- dinance shall be, and the same are hereby repealed in so far as in con- flict and no further. Passed by the affirmative vote of all members of a emission this day of �� Pte, A.D. / r or the city or Beaumont. The State of Texas, County of Jef f eraon Before me, the u ersigned authority, on this day personally appeared ................ �Zz............. known to me, who being by me duly sworn, on his oath de- poses and says that he is the. ..... .. ?'��:`:'.`l ..of the BE L BEAUMONT JOURNAL, a newspaper published in said county; that a copy of the within and foregoing was published in said newspaper, such publication being on the following dates: ............ .1. �0.:. /. A. D. 192.f. , and a newspaper copy of which is hereto at- tached. Sworn to and subscribed before me, this... day of. A. D. 192. . .... ..... Notary Public, Jefferson CouPfy, Texas. I part of the owner or operator to operate violation of any of the terms contained or cause to be operated his motor bus, to this Ordlnanre, it shall be the duty according to the terms and provisions of of the City Attorney to report such con- his ordinance, as herein provided, as well viction to the City Commission, together as any other reasonable cruse or causes with his recommendation. The City Com- ' that may be deemed sufficient by the mission shall consider and act upon such City Commissionrecommendation and may revoke, sus - SECTION 4 pend, or continue in force such permit as (a) The permit herein provided for it may deem proper, and the City Com Say Aa p0.1°Ag; q� shall be good and in force and effect mission may, for any good and suf- p.1�$o1?I only during the calendar year 1n which I ficient pause revoke, suspend, or continue 'Fl 11,8aa"a anti salna slpllsl a2pnr `,9118 same is issued, subject, however, that in force such permit. gg Sulxog .1aAo 91na O3 uBUI V -Lno� the City Commission of the City of Beau- Any person, firm, or corporation shall -UNI mont may cancel said permit for good not be granted a permit as provided for •grIflg XVAi-3Ai0 S210AV3 cause, as defined in Section 3 of this in this Ordinance, unless and until h! Ordinance._ files with the City Clerk an affidavit: or sxaaM Ma; g ul 41101118,recordThe Chief which he shall-enterathell knames dinances of the City ofthat he is famar ftBeaumolh the relative *"EL uj iaggoaq aaq ITSIA 2gAfuf all of all owners of motor buses for which a to the operation of automeb:les, motor 6a82a.1oas SUMOI$ .1111 ZI.1OM as permit to operate has been issued, to- vehicles, and all other self-propelled ve- aoj;30 ag2 10 a2,I8g9 SIM &OU permit, and shall furnish the owner there- hides. SECTION 9 ung L101 age .10; Aag2a.1°9S ps0.1 of with a city license number for each pu Any person operating a motor bus as inm AgdlnW ssuq oSaA AUBUI , Sr vehicle operating under the terms and herein defined, and prior to the passeIS salumo.1g age ul .1aploq provisions of this Ordinance. and approval of this Ordinance, she ;O SECTION b have 30 days from and a4ter its assaia g 028 091's S1 aqg •S.1S9A ZI Eu It shall be unlawful: and approval within which time to ma a (a) To drive or operate, or cause to be application for permit es herein providedh .1gaU ao; SUMO.1 E SFnOZ '28 112 Ap driven or operated any motor bus upon or and to, otherwise comply with the re-, Ag'} .1aSOaS a.11313uaaa S8q '.1113; am along any street unless there is in force quirements of this Ordinance, and nen g�S ,913X91 11qnOS ag; V Sul and effect s valid permit as prescribed fines or other penalties shall be assessed✓ Sri in this Ordinance for the op against of against any such person, firm, or cor-t jalg7fa Sl M0g3 9so11M `S11danyil An such motor bus. oration during such period for the vio•', •Q 10 aa2S1S 8 Agdanys SaUSV y.2F such) motoTo r oEo remain ostanding upor bus or n permit Cation of any provision herein contained. gsgM gsnl sX0141-A.1O2s111 8 street for the purpose of loading or un- SECTION 10 gnLo L]saassq a$saL .10�8uI �O cUandlsepasti g6geAge orgoods, ightrea' cept semer c on ori subdivision or of ianyon Of sections la ;o A.1s2aaoas usuloM ALuo �Ay _31 when the same be brought as near as this Ordinance to be invalid shall not of practicable to the right hand curb o1 feet the validity of any other section O .1ed il83 Ogg g2noaq'1 said street, and in no event more than subdivision of a section, but all Oth� •Sa i:2 $ .10 twelve inches therefrom, and no closer sections and subdivislons of sections she111TTT 31�p8 aq ltlM " anp J0 Sia it �, than eighteen feet to the intersecting be and remain in full fllce and effect. •ate 0uf88 a.1o;aq uALOJU AOp 2, s rect curb. The operation of any motor bus other - 31$ JIM &uq os Pa (c) To drive or operate a motor bus g'm al'8 8983 at without the city license number thereof wise than provided for in this Ordinance 8 6 IIO OLES I is hereby declared to be a nuisance and dafU9 j�n1Q byu¢Sgy 3 l Ill displayed in figures not less than three menace to public safety, and unlawful. 918 S;BaS xO$ wvld s,,9dd8d u incises in height permanently painted on SECTION 12 dE. ,9,]303 FFFS or attached to the body or appurten- Each and every day's and part of day's 6,90jL8 s� {] antes of the body on both the front and violation of this Ordinance shall consti- at rear of Said motor bus and on the rear tute a separate offense. SUlag Sj112 'Suis painted thr word "Bus." •2011. pu03ag 1. -1 (d) To drive or operate any motor bus SECTION 13 L aqJ 211 7Lo8ga2U00 •S gu188;s Sl while any person is standing or sitting All ordinances and parts of ordinances t Iq •SUT02 10 s4.109 ITS ul •Ia0IO2qno on the running board, fender, or door conflicting with this Ordinance shall ba, thereof, or while any person is riding on and the same are hereby repealed in aq 8 2ulaq Aaa.1+J aqg 'SM T0Oo1 the same outside o1 the body thereof, or far as is In conflict and no further. 0 a;j.1oa� IS when there are more persons therein than Passed by the affirmative vote of all IIMOu$ LLa& Sl .1O; V Safi the stated seating capacity thereof. members of the Commission this 11th Agpsany }Xall 010 (e) To drive or operate a motor bust day of September, A. W 19GR0SS. 09 .1112 UT gsaq a11J Xauus ullg OA upon any street in the City of Beaumont" � tor 01 snolxus aq 1LIM OW& spuau; au thereof,nless aorthetpe son in whose il the owner rnameathe ir seism 'A11o1.12 anAld y�Wg ap8uf Seg 1�I 0 u8ul Oa ermtt ie issued, shall have procured 10119 �S83 gg2latA uAAO SFq ; a� deposited with the City Clerk of the ' IM a.1ag MOgs 0; aous110 }S.1F; of Beaumont, for each such bus for wh p .18 ndAd 31;3 p.1011s a permit is sought a good and sufficient r+�ga 11sgL d L bond or public liability and insurance B1f1 .1aIIT611A-P1SEua13 0111 policy such as may be approved by that 11AStu gslul3 ON City Manager as to form and efficiency , payable to the City for the use a ,Xaa ,0 9112 '.1o43V 02118WD 111VA benefit of any. person or persons enti 112 'AAS9q quoulnsaa Vu0ys at thereto; said bond shall not be void u g Ul q,,0Ua$ 110 one recovery, but may be sued from t pug 'dg.1oS asLn2i2 a 0 SUT$ ag for to illi amount shalssat all heretnPtimes fiedbe ninoth s2auI 'saapunOd-08L 1L; I sum of Two Thousand Nve Hundre ;g$12M,9Asag3g811 'gtiI.1°IIFs� ($2,500.00) Dollars and conditioned F28suas •.1au.I'sA1 Apng ua11M the holder of such permit shall and ata 211 2g21U Pel injuries 2xau SJ injuriesd sustained by any persons, el°OSsll Su112qq•1tA 2uo2unwEE 9112 eluding injuries resulting in death taus paSs2S aq 111M dnpultA algnop V - wi or ac account w the negligence � willful act of the owner or the operat of such vehicle or any agent, represen live dasHns a�zna�xas 'r or t 9 driver rof6e such vehicle of cin the operattO ,LIIg IVW grlgnoQ 11,1 thereof occurring, accruing or that Is o0 casioned during the period said per �¢ollgx 6SFa 31 is in force and effect and a further be 0 •• l 'S or policy of insurance in the sum of fi •siollsy 1149 Thousand ($1,000.00) Dollars, payable t0 g T ; ;;.....aolnaay ergll119 41 the City for the use and benefit of a a• ' 1 •••:::::::lsaanor We . 'a8 Sl person or persons entitled thereto whit l 'o " "sl1FNl no��• •said bond or policy of insurance shall. SIM 11nF1 be Conditioned that the owner shall ::::::.6iaalJ2U sttoUaVK �1 ell legal damages for injury saifI RiF'H-1.?sOylgrty, to any person or persona oa 101 Z M -many pj accourinnt of the ne�gpl{ioclence or willful op- ne $DS[iOi1d.13 3IIJV3I Ii sting name with the knowledgenne andoeo • • • • • • • • • •'' WAOX "' sent expressed or implied of the own AN ORDINANCE within the corporate limits of the City.. Entitled an ordinance defining a me- Said bonds or policies of insurance shag for bus, providing that it shall be neves- further provide that suit may be brought ' ry to take out a special permit for the thereon directly is connection with ration of the same, and the provisions owner in any and all causes of ac der which a permit may be issued,.reg- Qvered by its provision. Should a recov- sting the running of motor buses with- e'y be had on such bonds or policies Otj the city limits of the City of Beau- insurance or either of them, and t ont, and prohibiting their operation un- liability 'thereunder decreased, a neW r various conditions, declaring the un- bond or policy of Insurance in the origl astricted operation of said vehicles tonal amount herein provided for shall be e a nuisance and unlawful, repealing at once substituted or else failure so tO ell ordinances and parts of ordinances do shall automatically cancel the lice nse 1tt conflict herewith In so far as in con- certificate issued by the City herein, said4 ict and no further, and providing that policies shall be deposited and rem the holding or adjudication of any sec- with the City Clerk at all times and 1 tion or subdivision of any section of this be so conditioned that the insolvency Ordinance to be invalid shall not affect bankruptcy of assured shall not rele the validity of any other section or sub- the insurer from any payment ptherwisW division of a section, but all other sec- due thereunder, and if because of su tions and subdivisions of sections shall insolvency or bankruptcy an execution ori tbe' and remain in full force and effect a judgment against the assured is re and providing a penalty for the viola- turned unsatisfied, the judgment credl-q tion thereof. for shall have the right of action against Be it ordained by the City Commis- the insurer to recover the amount of saf alon of the City of Beaumont: judgment to the same extent that 171! SECTION 1 assured would have had to recover against Unless It appears from the context the insurer had assured paid the judo- 'that a different. meaning is intended. ment; and provided fur��her.that in the. 'public place, or bigf ftV `*Rhin the city limits of the City of Beaumont. (b) The word "motor bus" shall mean nd include any automobile, truck, or trackless 'motor vehicle engaged in th'e 3iusiness of carrying passengers, or goods, wares, or merchandise, baggage, or freight, for hire between points within the city limits of the City of Beaumont and surrounding cities, towns, villages, ,communities, and localities. (c) The word "person" includes both singular and plural, and shall mean and embrace any person, firm, corporation, association, partnership, or society. SECTION Z No person sball run or operate or use to be run or operated a motor bus th to the city limits of the City of umont without first obtaining a spe- permit therefor, and no permit cer- ate shall be issued until and unless person so desiring to operate such r bus shall file with the City Man - of the City of Beaumont an ap- cation for a permit, which said ap- ]fcation shall state: (a) The type of motor car to be used -As such motor bus. (b) The horsepower thereof. (e) The factory number thereof, and lame of manufacturer. (d) The state license number therefor. (e) If a passenger -carrying bus, the actual seating capacity thereof. If the motor car has been adapted for use -as pus either by converting a freight- ry"ag vehicle into a passenger vehicle, r by reconstructing, modifying, or add - to the body of the seating arrange- .rbents 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) Th name and age of each of the persons to be in immediate charge there- of as a driver. (g) The terminal within the City of Beaumont and the street or streets over which said motor bus is to be run, the hours 1s to be a the day during which said bus operated, the frequency of the trips to be made over such route or outes, which shall be the same through. t the terms of hours of operation, to- ther with the time of departure from y� e terminals of such route of each trip: lQyer the same. (h) Post Office address of operator of ,the motor bus. If the motor bus Intended to ry goods, etc., state the usual kinds Quantities to be carried. SECTION 3 The City Manager shall refer such ap- file ations to the City Commission of the of Beaumont at its next regular ting. The City Commission may grant e as filed, or in modified form as in Judgment is to the best interest of the lic, or if any such person designated compliance with subdivision (f) of ion (2) be, in the opinion of the Commission, an unfit person to op - e such motor bus, or it, is the opin-i of the commission, the motor car de - bed to be used in the operation of a enger motor bus, or motor buses over street or streets designated, by rea- of existing traffic conditions, shall Am dangerous or hazardous to public stfety, or if said application be not in peompliance with the provisions of the erdinance, the City Commission may re - ese same; provided, however, that no rmit shall be issued authorizing the operation within the city limits of the .City of Beaumont of a motor bus having a rated or actual seating capacity of more than 40 persons. Upon the grant- ing of such application by the City Com- mission as filed, or in modified form, and after filing with the City Clerk the in- demnity contract and property damage .fond herein provided for, and after it has been certified by the City Clerk, the Chief of Police of the City of Beaumont shall issue a permit to operate or cause to be operated the motor bus or motor `buses described, within the city limits of be City of Beaumont, over the street or treets, and at the time set out in para- fraph (g) of Section (2), or as modified y the City Commission, as herein pro- 9vided. Provided that the terminal stated nd the schedule stated in such permit May thereafter be altered by order of the ;City Commission in its discretion, either On its own motion, or upon the applica- tion of the person holding such permit:. 'and providing that the City Commission may cancel said permit for good cause lt any time after ten days' notice by let - er mailed to the operator at the PWt Office address given in said application, to appear before said City Commission at the next regular meeting after ten days, exclusive of the day of mailing to show reason why said permit should not be canceled. Good cause, as herein used, shall among other th4nga, include the failures on the or - public, they may requ re a ' new Qr ditional bond or insurance policy add t person owning or operating any such ve- hicle or vehicles shall within 10 days later receiving written notice of such re- quirement provide • a new or additi bond or Insurance policy with to amounts, and conditions as herein quired; and provided further that in t absence of special agreement any suret or insurer may by written demand re' quire of the city that a new bond oi0 insurance policy for any such vehicle o vehicles be given by the licensee wit 30 days, and the city shall thereup give written notice by mail to su licensee and upon the filing of such ne bond or insurance policy, shall discharg* such first sureties or insurers from fur ther liability to accrue after the time of• .the approval of such new bond or in surance policy and provided further than tyle city shall not be deemed to haves assumed any pecuniary responsibility for the solvency of any such sureties or in- surer, or in any manner to become liable for any such sureties 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 connection with any matter relating such vehicle, or on account of any act or omissio* of any person owning or oper sting any such vehicle; nor shall t :lawful liability of any such person own- ing or operating any such vehicle be any manner either limited or enlarged by anything In connection with this Ordi- nance or such permit, 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 provisions herein contained for requir- ing new or additional bond or insurance; policy if deemed necessary for the pro-� tectfon of the rights of the people shell, nevertheless, apply to every incorporated! company; or to continue the operation; of said motor bus after said bond or in" surance policy has been canceled or ren tired for any reason until another sucl}r' bond or insurance policy shall have bee procured and deposited with the Cl Clerk and approved as aforesaid. Befo the filing of any such insurance co ` tract, it shall first be presented to art approved by the City Manager of t City of Beaumont; provided further the the applicant shall before a permit issued to him file with the City Clerk . written statement agreeing that any sul filed against suabn applicant upon a ea of action arising out of the operation such motor bus, may be instituted an maintained In Jefferson County, Tex regardless of the place of residence o such applicant. (f) To fail, refuse, or neglect to op:, erate a motor bus to and from the city' terminal designated, and during t hours and on the schedule to and Vo such terminal stated 4n the permit, exce in cases of accident, breakdowns, or oth casualties, or upon the surrender of sat permit, or to operate or permit to operated any motor bus off of or awa� from the street or streets as stated an fixed in the permit for the operation of such bus. (g) To race with any other auto bus, or to drive rapidly to pass one In order' to be first to any prospective passenger,, orto any one waiting for a motor bus or'other conveyance. (h) To drive or operate or cause to be driven or operated any motor bus upon or along any street in the City of Beau.' mont, which motor bus has a rated or, actual seating capacity of more than 40' persons, or which in fact contains more' than 40 persons. (i) To run or operate or cause to be run or operated any motor bus upon, along, or over any of the following street$. within the City of Beaumont: Pearl Street between Franklinand Ca der Avenue; Orleans Street between Franklin and Liberty Street, or upon an street intersecting those portions of Pea or Orleans Streets herein referred to, lying between Main Street and Orl Street, or Liberty Avenue between D and Orleans Streets; provided, how( that motor buses operating bete P outside of Beaumont and pc ttrithin the city Ilimits of Beaumont operate said motor buses. on Fai -5treet ?or the purpose of reaching Mixed terminal situated on private p erty; provided, however, that passen shall not be taken on or, discharged a said motor bus is on Fannin Street. SECTION 6 Any person who shall violate any vision of this Ordinance shall be g of a misdemeanor and upon convi thereof shall be punished by a fine t0 exceed $100.00. SECTION 7 In the case of conviction of the oca or operator of ens motor bus for q pro- uilty ction not ner the The State of Texas, County of Jefferson Before me, the u dersigned authority, on tris day personally appeared ................ ................... known to me, who beingbyme duly sworn, on his oath de- poses and says that he is the.f0.� . w�l.'4u:'a .off the B BEAUMONT JOURNAL, a newspaper published in said county; that a copy of the within and, foregoing was published in said newspaper, such publication being on the following dates: • • y7• ` O , .. A. D. 192. . , and a newspaper copy of which is hereto at- tached. Sworn to and subscribed before me, this..J .41- ..day of. �. :'.. A. D. 192 . .. .M?.... Notary Public, Jefferson Co ty, Texas.