Loading...
HomeMy WebLinkAbout11-22-1948 Regular Meeting6 STATE OF ALABAIrA County of Baldwin The Town Council of the To- 'n of Fairhope met in regular session at the Town Hall Yonday, November 22, 1948 with the following members present: Mayor, T.J. Klumpp, Councilmen: M.O. Berglin, J. T. Bradford, C. B. Niemeyer, E. B. Overton and Ira Steele. I The minutes of the previous regu?ar meeting i-ere read and approved. t Lotion by Councilman Overton seconded by Councilman Niemeyer that Gaston P-'otor Co. be granted permit to erect sign as per application on file. lotion carried. r"_otion by Councilman Overton seconded by Councilman Berglin that the Town renew their application to the U. S. Engineers for Fly Creek development for another year. Lotion carried. dN P°otion by Councilman Berglin seconded by Councilman Overton the follOWing resolution was unanimously adopted: , This be-ng the date time and place hereto set for the purpose of hearing objections to assessment of Town Ad Valorem taxes for the year 1948 due notice having been given and no objections having been filed, the said assessments as made up and certified by R. C. Yohn, be and the same are hereby confirmed, November 22, 1948. It was duly moved and seconded that tre meeting adjourn. T.otion carried. Approved Attest Clerk Mayor Councilman Niemeyer moved that the rules which might otherwise prevent the ordinance being plat upon its final passage be suspended. Councilman Steele seconded the motion. The motion being carried the roll was call- ed .° i th the following result: Voting Aye: Mayor Klumpp, Councilmen Berglin, Bradford, Niemeyer, Overton and Steele. Voting Nay: None. The Mayor declared the rules suspended `-hereupon Council- man Berglin moved the adoption of the Ordinance such motion having been seconded by Councilman Bradford, the T,layor put the motion. Voting Aye: 1'ayor Klumpp, Councilmen: Berglin, Bradford, Niemeyer, Overton and Steele. Voting Nay: hone. The T,,Tayor declared the Ordirarce duly, adopted and signed the same. It vas duly moved and seconded that the meeting adjourn. Lotion carried. Approved TFayor Attest: _ Clerk a* 12 - That the payment of said license or priviloge tigx shall in no vay affect the ; ayment of advalorum tax on th* property used under authe ority of this franchise 11or shall. ,aymnt Of such license or privilege taxes ex"mpt any motor vehicle used unde= the authority of this fran- ahISO from the usual and a.rLnuzil lidense Vor tAgs aor shall such ve- Licles of said F. G. son and T. ribson, a partnerstipq bu exempt from taxcs on g4soling, oils or other -rotor fuels used in the operation of said 'transports6tion sy-sten. Ti;& oper�Aicn of =!;otor vehicles under a°athority -ofgals franchise si,all. be In acc,*ordance with all lava and ordinances governing the rise cC streets and iai,­kwa.vs by ­noti)r. vehicles. That any violation of any part of tMs ordinance shall subject the offender to a fine of not more than iix months in :,rison, one or both. It shall be unlarful for any person to >=.qrk or leave standing whether attended or unattended, any vehicle in :any place reserved for, . 'LjU S stop Within the Tit of Fair-*noo deslgnailedt or set aside as a _ I W This (ranchise, or any rights or -?rivileges gronted under buthor- I -Kiw, ity of t;As or any subsequent or arnended ordimnce, shall. be sold, as- siinfid, or used by any person, firrit or corporation, except the Tian t Council !&,iy briappropriate Grdinance authorize the sale or Use of said ;'ranchise or rights granted hereint The 'JUWA Council may cancel or revoke this franchise, In whole or in ;-art, for the failure to I*v t)Ae franchise or privilerc tLiz her in provided as U''.e sa.-je Is'to be ,-'8id9 and for tiie failure to cpAr-y out or 1-.erform any aviterial substantial provision contained herein. T 1: * The said Re ;J, .`.,Ason ana o , Ifla a on , p a . a rtnership, shal 41 P Y to the '*"---)wn (.1erk within thirty days after the effective date of this ordinance ail expenses for the publication and 1,1meparation of this fran- a'slise. TbAs ordinance shall take effect U,':�&n its adokuon an,,iveproval- head adoptecit alud approved, this ti,76 (lay of Novemberg 1948. 7 -% -" 1 7 SECTION U. The s,,.,id R. G. t1ason and T. P. VAsons a partnership, for the privilege of operating motok buses for the carriage of passengers i for hire under authority of this franchise shall day to the Town of Rair- hope one cent ner mile for each mile covered or traveled by each bus o. perated in the)ownof Fairhope or its police jwisdiction. SaM amount to be based on tle r-,utes and schedules aj)proved end established by auth- ority of the City Council as Provided in thief ordinance. Ti:ie said R. G. Uason &nd 1. IF. Mason, a partnerst-lip, shall on or before the 10th of eacl-i month succeeding the effective date of this franchise 1.,aJ* to the Town Clerk the amount due t.'.e "L,ovin of Fairhope under this franchise, said amount when pAid shall be accompanied bq a detailed statement of the mileage .Xaveled by each bus within lk.he Town or 11-Is police jurisdiction and the schodules and route r.,ade by each bus, during the predeeding month. At least one ri-Onth in e&ch calendar or fiscal year of the, operation under this franchise ti,e said 11. G. Mason and T. E. `:meson, a partner ship, shall file with the Town of Fairhope a copy of -in audit made by a com- ,)etant and qualified auditor of the operation under this franchise for the previous year ana which audit shall set forth the gross revenues of the said R. G. imeson and T. P. 16son, a partnership, for the carriage of the passengers for hire under authority of this ordinance and which V 1.,a'l include assengers trarisi.,.crted 1-ithin or Yartially �,Vithin the TVVm 'L L - of Fairhope or its police jurisdiction whether the said passengers board the bus within the city or its police jizrisdiction, or '�eparted from the bus within the City or Its police jurisdiction. Beginning the first day of Oanuary, 39'PI 4- lie said R-. G. MRson and T. T'. ' son, a p--.Ptnership, and doing business as, The pity Bus Lines, there shall be no Franchisi? Tax charged prior to the first d�4y of Fanuary, 1950. 0 -1.0- • SECTION 10. The said R. B. Vason and T. F. Nlason, a fartnershipr and doing business as, The City Bus mines, shall obtain and file with the To- n Glerk and shall continue to keep the sat<* in full farce and effect a liability ins �Ara nce policy or bonds of indemnity as the said R. iU. %meson and T. R. meson, a partnership, -And doing business us, The City 1Jus lei :t0s, may elect for the ;protection of ,assen f, s and persons suffering injuryt loss or da ge to property b�r virttae of +:she . o}erttion of ilotor buses under this franchise and which brands of indemnity of in- surance pol.i.ctes Si4all be with a :,.meanies or surities and Ath cond tion as shall be a1 a roved oy the Twon Council. Sunh brands r policies shall by i.r. the sum of not suss than � ° for injury or death to any 41 ®xu; person axed not less than � � S . � OPf'or dea th or injury to A p::rson# siaffering injuries in any one accident Lind not less than the s1xm of 4 _.7 ,o,o 6) for .damage to roperty in any one accIdeat, such c^jerage to be for all vehicles usej_ in transporting passengers and for servicing vehicles and equipment used in c,a,rnection ith tite car- riage of passengers for hire. the said insurance polidbs or bonds of inde?,nnity to t;im anrnnt required by this orAnance stall be In effect daring tie entire ti.rv. such otar buses are iri ,operation under this franchise and said bonds or insurance polio iesr,eheli also contain a provision that they shall riot be canceled Except upon ten d&ys written notice by registered tail to titre �1�Jvvn �nixr�cil. :sae ;.;ici b©ncis or fsl icier small also; holds harmless and x-protect the `. o-wn of 11'airhope against against all claim against the Town for injuries of rersons or �,,rop- erty in any manner growing out of the use of the streets road avenues and public hi j hways in said 'Gown for the operation of said rioter ve- hicles, and in true event any s it or any claim sl-zll be filed against said Town of Yairhope or account of u,,y al"':eged act of said R. u. Phson and T. son, a partnersh4p, and doing business as } 7-ne City Bus ir�Ls, or_:. ,, r nt, agent car employee otherwise connected with the said R. C. hason and `i. R. Mason, a partnership) and doing business as, ,re City Bus %in*99 The Town of Fairhope sh,ei1 give notice t© the said R. Q. Meson and T'. R. Vason, a partnersOdp, alp,.= doing business as, The City Bus Sines, 17ithin tendays after the filing of any, such cl im or suit and in the eve— A of t:i.e JUdgme.nt against the Town on account of any of the acts somplained cif, the said R. Q. tvason and T. P. Mason, a partner- ship, shall pay said j g"geiA and all costs of litigation .including at- torneys fee and silall fully and con-tpletel.y hold the lawn of FairhopeharmUlls. i SECTION 9. The said R. G. '�ason add Z. R. Wason, a partnership$ a id doing business as, The City Bus Lines, stall maintain a reason. able, proper and adequate schedule and service for the accommodation of its ,patrons and passengers upon the Initial rt.,ute that may bd established bi the mutsal consent of '. e said R. G. Cason and T. R. mason, a partnership, and doing business as, The City Reis Lines' and the Town Council. The initial schedule shall.. be as contained in a proposal submitted to the Town Council by tale said R. G. t,'Qson and T. R. Mason, a partnership, and doing business as, The City Jos Lire s' The said R. G. i,asor. and T. R. Mason, a partnership, and coinbas- iness as, a'he City Bus Lines, s1hal.l also by November 1.2, 19489 file with the Town Council the fares -which is ;proposed shall be collected for the car -Rage of passengers within ttv Town of Fairhope and its police jurisdiction unless said schedule and route is first approved by the Town Council. The pawn Council may from time to time as conditions warrant permit the l.overing or raising of the fares to be charged and collected by the said R. G. Mason and T. R. :meson, partnership, and doing business as, The City Bus Lines, and may from tams to time make reasonable rules - nd regulations as may be necessary _.=ith mfere€ace to tie transportation or carriage of passengers for hire and police officers, firemen and the carriage of school. children. • Si G"Tlc t 3. Alleaquipment and motor buses shall be of -ruch sits a A seating eapacity ade"te to fulfill ti-* needs of Uie .routes over v,,,t. ch i,,e saw amOpermtO4. l a ozator bus -as shall he "ro rly e- quipped, dea a ble °arid In reasonable good condition, All buses shah be wiiformly �alnte{1 and all drivers 'be selected with Car acid s +h,jeet 1,0 all 'l ars of the ,itate of af:j of. the Town of Fatrhops s to qualifications .PA c�sarscter. 'aid trw*4portatlon cor:geny zi-ol" also j,=rovide spare equipw.nt to Insure the required cervIce at all times. 7 SECTION $. The character and tyre of transportation or equip- ment on all routes for general service shall consM of modern motor buses propelled by internal combustion engines, using gasoline; as fuel. But vAth the approval of the Torn Council the said transport- ation company may use buses otherwise propelled. � -6- SECTION 6. The said R. G.gason and T. F. a son..a partnership, aLd doirAL busines ; asp 13he City 1-As Linesi my designate,, subject to the approval of the Torn Gouncilt bus stops and have the right to e- quip t1w sem with appropriate varkers la iemt ng to tho travelling 21 -ublie where the buses will stop. Ausquate space or zones on which to transfer, receive and discharge passengers shall be designated and other vehicles or �otdr vehicles or conveyances shall. not be permitted to block., t zirk in or linterfere °pith the said bus ADrA# to the r:nd that the ".:off of Fairhope and the welfare of the passengers and th6 public may W safegua dad. ,,ECs.ION Sethin, in thls ordin!nce Shall be emnstrtled as pro- hibitin,6 t.ne operation of t,xi cabs or jituoy der 'Ine rF.leaj or- d na ncr s t2O-A raj� ala t l Sara pre acr i bttd for t ho ope ra t Vn. of t Y* s within Abe Town of Fairho or :its police JwrisdActtongor basses op- erstibetween U* Town of ksirhom a other v telpaltttes or through the T owR of Fa irbope under the ray le s and rig u1 at i ons ,)f r h Alabtna i ublia Servies I com issxon. SLC ZCR 4, This francl!iJae Shall be;, excl-t.LSve mithin fhe Corpor- ate Limits of tb TmM of Fai.rholm and its police: jurisdiction; but should application be inade by sow other oy rotor or tear-sPortation ca-1l&ny to operate rotor transporUtion overg atong or ,upon streetsg avenues or other j. blic thoroughfare In the Try*n of Fairhope (V its yolks Jurisdiction over Sjrtjch said R. G. son ,mod T. R. ftfiOn! s Prtnershipf and j.,olag 3usiness As* They City z `s Li iesq is not oper- ating and in the „ad, ,wnt of the Town Council Mr&nsportatiorl over said anther route is necessary and desirable, thirty days a0tics of said spPlicatieui $bell be given to tote s&id R. 6. Mason.and To F xnson� a partnershipl, and .DOU4 Asimss as The City SIAs pines' and if he fails to furnish adequate sod sessc+ bl® transportation ov. r the pro- posed new ro to or such 1 ortion cif' trke sa�;� es in �e discretion tat' the Town CoAn+cil will carve t#�e needs of that part eialar mart of the Tom within the UArty day r*r1cdj a fr=richise rlaY be Brea ed: to said new ap licsnt i'or the operation c) f a motor traits portation for hire over saint proposed rO"Ate. t -3- : 3. IbAt VV occeptame of this frazienise by tho said R. C. Mason and T, Viz„ Aasora! a 1,,.,3rtuftrsh9p! and i�lng ftsincaas >� � The City Bus Liresy to provide adequate find continuous service sub— ject to the rulas and regulations 2sO L" eXi.st nce cr that may be made by an oralneace of the Tmm of fie trhope hone f'ter adopted. s 2 so 0ECTIOM 2. That ds a Condition to the existence of said franchise, tl�e $raid 11. V. sox wid T. R. Ast'n, s partnershAp, and doing business as he (Aty 1ka4 pines, as aforesaid, si.all operate reasonable schedules lth ade,;�4ate equipment overt along or upon e ch street, avemle, or other public thvroughfsre at such rates hs my be ap roved by the Tcwn. C;olinci.l of iairhoreq Alabw; rdAas, schedules arul rates having been once approved by the said Tnwn Council shtll .-tot be avPr,4*r*d and any violation .of t As provision of this ordirm ee shall subject the said transportation awApany to tine cancellation and Torfelture of this franchise. 6rantinz to R. Q. �xon and T, R, Mmoon, a partnership, and doing !)uslmss as Ithe (Aty Bus Lineal a franchise to operate mot."r buses for the Carriage or passenL"ers for hire over, a- long and upon the strew Lsl imenues and highways In the Town of kt#irhope, Alsba,.-m, and Its Police Jurisdiction. ALA-BAMA, 46 FOLLCAS: TT ONAUNIA1 -D B -' 111, T ;'i"N CF' FA 1, -.40FE WAJIION 11 The exclusive right and. ;,.rivllege Is hereby granted to R. Li. meson:end T. R. Ason,, a partnershipp &rid Doing Business As The k-ity Bus Lines 9- for the carriage of passengers for hire over, upon aad along the streets, avenues, alloys and highways ct the Tom of Fairhope, Alab..--ims, and. Lhe police ju.riadtetAlon for ar-A in the c on- sidera,tion of the sum of 4P1.00 and other valu&ble c onsitierat ions and agreements hereinafter set forth to be paid to the Town of Fairhope by the said R. U. meson, and T. 1R. uson, a partnership, and ::going Business Ast The Lity pus Lines, said franchise being grarited subject, hovever, to tIL'e conditions, agre*mnts aJ-rovisirms of this ordinance he. eina rafter set forth 'L'*or a period of twenty-f ive years from and of ter the effcctive date of ti4s ordinance* -Said cnnziderati,':n is to be laid ujon the acce;tance of this franchise by thle asl d K. U. Asson and T, R. lesson, a pwtnership, and Doing business As. The pity Bus -'.Anes,- and subsequent considerations am- to be p3id as hereinafter. stlited. A