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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
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-Zua uI asuaaalua aql ;o u"Juct
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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