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10045� K � ORDINANCE NO. 10,04.5 AN ORDINANCE GRANTING THE CITIZENS COACH COMPANY THE EXCLU- SIVE RIGHT TO OPERATE A STREET BUS SYSTEM OVER CERTAIN ROUTES AND STREETS IN THE CITY OF _LITTLE ROCK; REPEALING ORDINANCES NO. 876, 7373 7454 7651, 7891, 8319, 8714= 8783 8938, 91444 AND 9735, AS AMENDED; AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LITTLE ROCK, ARKANSAS: SECTION 1. That Ordinances No. 876, 7373, 7454., 7651, 7891, 8319, 8714 8783, 8938, 9144, and 9735, as amended, are hereby re- pealed. SECTION 2. That for the purpose of maintaining and operating a street bus system on and along the streets hereinafter named, the City Council of the City of Little Rock, Arkansas does hereby grant unto the Citizens Coach Company, and unto its successors and assigns, hereinafter referred to as the "Company ", upon the terms and condi- tions hereinafter set forth, for the period of fifteen (15 ) years from the date of the acceptance of this Ordinance, the exclusive - right to maintain and operate a street bus system on and along the following streets: A. The line known as the Pulaski Heights Line as follows: Beginning at Markham and Ma n, west on Mar ham to Victory Street, south on Victory to Third Street, west on Third Street to Summit Avenue, north on Summit Avenue to Second Street, thence in a northwesterly direction following Second Street to Markham and Barton Streets, west on Mark- ham to Booker Street, or Stiff t Station, thence following Kavanaugh Boulevard to the intersection of Kavanaugh and McKinley Streets, thence making a counter clockwise "U" turn, and return to Markham and Main Streets along the same route as outbound. B. The line known as the South Main Line as follows: Beginning at Markham and Ma n, Bout on Main to Twenty -Third Street, west on Twenty -Third to Ringo Street, south on Ringo to Twenty- Eighth Street, east on Twenty- Eighth to Gaines Street, south on Gaines to Thirty -Third Street, east on Thirty -Third to Arch Street, north on Arch to Twenty- Third, thence east returning over the same route to point of be- ginning. C. The line known as the West Ninth Line as follows: Beginning at Fifth and Main, south on Main to Ninth Street, west on Ninth to High Street, south on High to Thirty -Sixth Street to present bus turn - around and then return over the same route to the point of beginning. D. The line known as the Fair Park Line as follows: Beginning at Fifth and Main, west o-n—F-17th to Victory Street, south on Victory to Eighth Street, west on Eighth to Wolfe Street, south on Wolfe to Eleventh Street, west on Eleventh to Park Avenue, south on Park to Thirteenth Street, west on Thirteenth to Lewis Street, north on Lewis to Eleventh Street, west on Eleventh to Madison Street and /or Monroe Street, north on Madison and /or Monroe to Eighth, west on Eighth to present bus loop in Fair Park, thence return to Fifth and Main over the same route. -2- E. The line known as South Highland as follows: Beginning at Fifth and Main Streets, west on Fifth to Victory Street, south on Victory Street to Eighth Street, west on Eighth Street to Wolfe Street, south on Wolfe Street to Eleventh Street, west on Eleventh Street to Park Avenue, south on Park Avenue to Thirteenth Street, west on Thirteenth Street to Woodrow Street, south on Woodrow Street to Twentieth Street, west on Twentieth Street to Pine Street, south on Pine Street to Twenty - Fifth Street, then west on Twenty -Fifth Street to Lewis Street, south on Lewis Street to Twenty -Ninth Street, west on Twenty -Ninth Street to Washington Street, then north on Washington Street to Twenty-Fifth Street, west on Twenty -Fifth Street to Monroe Street, east on Twenty Fifth Street to Washington Street, north on Washington Street to Twenty -Third Street, east on Twenty -Third Street to Lewis Street, north on Lewis Street to Twentieth Street, then east on Twentieth Street to Pine Street, and thence returning to Fifth and Main over the same route as outbound. F. The line known as Fifteenth Street Line as follows: Beginning at Markham and Main, south on Ma n to Fifteenth Street, west on Fifteenth Street to Pulaski Street, south on Pulaski Street to Sixteenth Street, west on Sixteenth Street to Park Avenue, south on Park Avenue to Wright Avenue, east on Wright Avenue to Summit Avenue, south on Summit Avenue to Twenty- Fourth Street, east on Twenty - Fourth Street to Battery Street, south on Battery Street to Twenty -Ninth Street, thence return to Markham and Main over the same route. G. The line known as the Oak Forest Line as follows: During the base period of operation, the Oak Forest line will operate as follows: Beginning at Seventh and Main Streets, south on Main to Ninth Street, west on Ninth Street to Broadway, south on Broadway to Twentieth Street, west on Twentieth Street to Wolfe Street, south on Wolfe to Twenty -First Street, west on Twenty -First Street to Park Avenue, south on Park Avenue to Roosevelt Road, west on Roosevelt Road to Asher Avenue, west on Asher Avenue to Fair Park Boulevard, north on Fair Park Boulevard to Twelfth Street, east on Twelfth Street to Madison Street, north on Madison Street to Eleventh Street, east on Eleventh Street to Adams Street, south on Adams Street to Sixteenth Street, west on Sixteenth Street to Green Meadow Drive, south on Green Meadow Drive to Seventeenth Street, west on Seventeenth Street to Jackson Street, south on Jackson Street to Eighteenth Street, west on Eighteenth Street to Harrison Street, south on Harrison Street to Nineteenth Street,•west on Nineteenth Street to Fair Park Boulevard, south on Fair Park Boulevard to Asher Avenue, thence return to Seventh and Main Streets along same route as outbound. During the A.M. and P.M. peak periods of operation, the Oak Forest " line will operate as follows: Beginning at Seventh and Main Streets, south on Main to Ninth Street, west on Ninth Street to Broadway, south on Broadway to Twentieth Street, west on Twentieth to Wolfe Street, south on Wolfe Street to Twenty -First Street, west on Twenty -First Street to Park Avenue, south on Park Avenue to Roosevelt Road, west Roosevelt Road to Asher Avenue, west on Asher Avenue to Fair Park Boulevard, north on Fair Park Boulevard to Eighth Street, east on Eighth Street to Adams Street, south on Adams Street to Sixteenth Street, west on Sixteenth Street to Green Meadow Drive, south on Green Meadow Drive to Seventeenth Street, west on Seventeenth Street to Jackson Street, south on Jackson Street to Eighteenth Street, west on Eighteenth Street to Harrison Street, south on Harrison Street to Nineteenth Street, west on Nineteenth Street to Fair Park Boulevard, south on Fair Park Boulevard to Asher Avenue, thence return to Seventh and ` Main Streets along same route as outbound. -3r H. The line known as the West Seventh Street - St. Vincent's Line as follows: Proceed west from Seventh and Main Streets on Seventh Street to Johnson Street; south on Johnson Street to Lamar Street, west on Lamar Street to Valentine Street, north on Valentine Street to West Markham Street, west on West Markham Street to the entrance roadway to the State Hospital and the Medical Center, thence to the State Hospital and Medical Center, thence through the grounds to West Markham Street, west on West Markham Street to Pierce Street, north on Pierce Street to Lee Avenue, east on Lee Avenue to Van Buren Street, south on Van Buren to West Markham Street, thence return east on West Markham Street to entrance roadway to State Hospital grounds, thence through the grounds to the State Hospital and Medical Center, thence to West Markham. Street, east on West Markham Street to Valentine Street, south on Valentine Street to Lamar Street, east on Lamar Street to Johnson Street, north on Johnson Street to West Seventh Street, east on West Seventh Street to Seventh and Main Streets. I. The line known as the Rock Island Station Line as follows: Beginning at Markham and Main Streets, east on Ma—r'kham Street to Rector Street, south on Rector Street to Second Street, thence East on Second Street to present bus turns- around near Rock Island Station, thence return from Rock Island Station over same route to Markham and Main Streets. J. The line known as the Cammack Village Line as follows: Beginning at Louisiana and West Fifth Streets, west on West Fifth Street to Cross Street, north .on Cross Street to Lincoln Avenue and Cantrell Road to a point where Cantrell Road intersects Martin Street, thence on Martin Street and /or Cantrell Road to Magnolia Street, north on Magnolia Street to Lilac Terrace, west on Lilac Terrace to Cantrell Road, thence in a northwesterly direction on Cantrell Road to Hayes Street, North on Hayes Street to Kenwood Road, west on Kenwood Road to Pine Valley Road, thence in a southwesterly direction on Pine Valley Road to Blackwood Street, south on Blackwood Street to Pine Valley Road, east on Pine Valley Road to McKinley Street, south on McKinley Street to Cantrell Road, thence returning to Cross and West Markham Streets over same route as described as outbound, east on West Markham Street to Louisiana Street, south on Louisiana Street to Fifth and Louisiana Streets. K. The line known as the Airport Line as follows: During the base period of operation, the Airport line will operate as follows: Beginning at Markham and Main Streets, south on Main Street to Ninth Street, east on Ninth Street to Bond Street, south- east on Bond Street to East Eleventh Street and /or Thirteenth Street, east on Eleventh and /or Thirteenth Street to Harring- ton Street, north on Harrington Street to Tenth Street, east on Tenth Street to Picron Street, thence returning to Markham and Main Streets over same route. During the A.M. and P.M. peak periods of operation, the Airport line will operate as follows: Said bus line shall be extended to continue on from Picron Street to Maxwell Street, thence returning to Markham and Main Streets over same route. L. The line known as the East Sixth Street Line as follows: Beginning at Fifth and Main Streets, eas on East Fifth Street to Ferry Street, south on Ferry Street to East Sixth Street, east on East Sixth Street to Townsend Street, to the present bus turn- around, thence returning to Fifth and Main Streets over same route. -4- K. The line known as the Biddle Shop as follows: Beginning at Markham and Main greets, thence south on Main Street to Fourteenth Street, east on Fourteenth Street to Rock Street, south on Rock Street to Twenty -First Street, east on Twenty -First Street to Vance Street, south on Vance Street to Roosevelt Road, east on Roosevelt Road to Confed- erate Boulevard, south on Confederate Boulevard to Booker Homes turn - around loop, returning over the same route to Markham and Main Streets. N. The line known as the Seventeenth and College Line as follows: Beginning at Seventh and Main Streets, east on Seventh to Rock Street, south on Rock Street to Fourteenth Street, east on Fourteenth Street to College Street, south on College Street to Seventeenth Street, west on Seventeenth Street to Barber Avenue, north on Barber Avenue to Fourteenth Street, thence over same route as outbound to Seventh and Main Streets. 0. The line known as the Washington Avenue Line as follows: Beginning at North Main and Bridge Street, south on Main Street to Second Street, west on West Second Street to Louisiana Street, south on Louisiana Street to West Fifth Street, east on West Fifth Street to Main Street, north on Main Street to Bridge Street, point of beginning. P. The line known as the Levy Line as follows: Beginning at North Main and Bridge Street, south on Main Street to Second Street, west on West Second Street to Louisiana Street, south on Louisiana Street to West Fifth Street, east on West Fifth Street to Main Street, north on Main Street to Bridge Street, point of beginning. SECTION 3. The Company is granted the further right to operate as through continuous routes any combination of the individual lines described in Section 2 in order to provide for the better operation of a continuous transportation system. SECTION 4. That in consideration of the privileges herein granted from and after the effective date of this Ordinance, the Company shall pay,on or before the tenth (10) day of each month to the City of Little Rock during the period of this franchise, five (5 %) per cent of its gross receipts received from fares within the City of Little Rock for the preceding month; and steps shall be taken by the Company to ascertain the exact amount of all fares paid within the City of Little Rock. In addition to such amount, the Company agrees to pay twenty -two (22 %) per cent of the mainte- nance costs upon all streets over which it operates buses, with the exception of those streets maintained by the State Highway De- partment, beginning with the effective date of this Ordinance. The Company shall be billed quarterly, based upon calendar year, for its pro rata share for street maintenance; and such percentage -5- shall be placed in the Street Fund of the City to be used exclu- sively for the repair of the streets of the City of Little Rock. The City shall maintain sufficient and accurate cost records in order to determine the maintenance costs of the affected streets, and the City shall keep such records available for the inspection of the Company at all reasonable times. SECTION 5. During the time repairs and /or resurfacing on any of the streets hereinbefore described in this Ordinance are being completed, or in any emergency when said streets are not open for public traffic, the Company may use the nearest adjacent streets to its regular routes as will best serve the convenience of the public, but following the regular routes as nearly as it is feasible. SECTION 6. The said Company may make such extensions of its system within the City limits as the City Council may permit; and if, at the expiration of sixty ( 60) days after request by the City Council to extend or alter its service, said Company shall not have made such extensions or alterations as desired by said Council, then said Council may, by a majority vote, request further exten- sions which are practicable and reasonable. If said Company shall not agree that the extensions requested are practicable and reason- able, then said question shall be determined by arbitration in the following manner, viz: Said Council and said Company shall each appoint a man, and the two so chosen shall choose a third. In the event of their failure to agree on a third party within sixty (60) days, the City Council and the Company shall each place the names of three reputable transportation men in a hat, and the Mayor of the City of Little Rock shall draw therefrom one name, which shall constitute the third member, which three so selected shall deter- mine whether the extensions requested are practicable and reason- able; and their decision shall be binding on both said City and Company; and the said Company obligates itself, its successors and assigns, to build such extensions within a reasonable time after the due passage of an Ordinance granting it right -of --way over the streets of the City. If said arbitrators shall decide that said line is practicable and reasonable, the expense of said arbitra- tigji- shall be paid by the Company. M -5- shall be placed in the Street Fund of the City to be used exclu- sively for the repair of the streets of the City of Little Rock. The City shall maintain sufficient and accurate cost records in order to determine the maintenance costs of the affected streets, and the City shall keep such records available for the inspection of the Company at all reasonable times. SECTION 5. During the time repairs and /or resurfacing on any of the streets hereinbefore described in this Ordinance are being completed, or in any emergency when said streets are not open for public traffic, the Company may use the nearest adjacent streets to its regular routes as will best serve the convenience of the public, but following the regular routes as nearly as it is feasible. SECTION 6. The said Company may make such extensions of its system within the City limits as the City Council may permit; and if, at the expiration of sixty ( 60) days after request by the City Council to extend or alter its service, said Company shall not have made such extensions or alterations as desired by said Council, then said Council may, by a majority vote, request further exten- sions which are practicable and reasonable. If said Company shall not agree that the extensions requested are practicable and reason- able, then said question shall be determined by arbitration in the following manner, viz: Said Council and said Company shall each appoint a man, and the two so chosen shall choose a third. In the event of their failure to agree on a third party within sixty (60) days, the City Council and the Company shall each place the names of three reputable transportation men in a hat, and the Mayor of the City of Little Rock shall draw therefrom one name, which shall constitute the third member, which three so selected shall deter- mine whether the extensions requested are practicable and reason- able; and their decision shall be binding on both said City and Company; and the said Company obligates itself, its successors and assigns, to build such extensions within a reasonable time after the due passage of an Ordinance granting it right -of --way over the streets of the City. If said arbitrators shall decide that said line is practicable and reasonable, the expense of said arbitra- tigji- shall be paid by the Company. r- - b- SECTION 7. The said Company, its successors or assigns, shall keep an accurate set of books, showing the daily fares from all of its buses, and file a sworn statement, showing the gross receipts for the preceding month, in the City Clerk ?s Office on or before the tenth (10th) day of each month; and the City Council, or a representative appointed by the City Council, shall at any and all times have the right to make a full and complete examination of the books and accounts of said Company, its successors or assigns, for the purpose of ascertaining the amount of the gross fares. SECTION 8. It is expressly stipulated and agreed as a condi- tion of this grant that the said Company, its successors or assigns, shall maintain its system over the streets or parts of streets covered by this grant, operate its entire system as-herein provided, and shall not be permitted to abandon either or any of its lines or parts thereof, or cease to operate its buses thereover as herein provided upon pain of forfeiture, at the option of the City Council, of all rights granted hereunder except by a vote of a majority of the City Council. SECTION 9. The Company shall keep and maintain a fast, effi- cient, and modern transportation system; adopt proper methods of computing depreciation; set up and maintain sufficient reserves to keep said system and equipment in good order and repair; and render the public at all times adequate, economical, dependable and satis- factory service. SECTION 10. The Company shall furnish a bond with a corporate surety, approved by the City Council of the City of Little Rock, in the sum of Fifty Thousand ($50,000.00) Dollars running to the City of Little Rock, conditioned that the Company shall fulfill and faithfully perform all of the obligations, terms, and conditions of this franchise Ordinance, and all of the amendments thereto during the entire life of said franchise. SECTION 11. That the original and continued performance of each and every material term, stipulation, limitation, and condi- tion herein imposed upon the Company are hereby made conditions of the said grant; and the failure of the Company to perform any -7- of said conditions within the time stipulated, and within sixty (60) days after receiving written notice of such default, at the option of the City, shall work an entire forfeiture and cessation of all the rights and privileges granted herein or exercised here- under. SECTION 12. In consideration of the various obligations and duties to be performed by the Company, it shall be entitled to collect such fares and charges as may, from time to time, be fixed by the City Council, which fares shall be sufficient and adequate to provide a reasonable rate of return on its investment, after paying all operating expenses, taxes, maintenance, depreciation, and amortization of its property and investment, and any other proper charges levied against said Company. The fares which may be charged, until such time as they may be changed by the procedure as set out above, shall be as follows: Children ( under 12 years of age) . $ .05 School Children 0 0 .05 Adults .13 or two (2) tokens . . . . . . . 025 Free Transfers Any person boarding the South Highland bus south of Twentieth and Pine Streets shall only be required to pay one fare for the purpose of riding the bus to town. SECTION 13. If at any time the service which the Company has agreed to render the public may be affected, lessened or becomes inadequate due to a dispute between the Company and labor, any board of arbitration appointed by the Management of this Company, its successors and assigns, and labor shall consist of at least one member appointed by the Company, one member appointed by labor, and one member appointed by the City Council. In the event of such dispute, the question of whether or not service to the public has been affected, lessened or is inadequate shall be determined by the City Council; and the notice required in Section 11 of this Ordi- nance shall not apply. That ten (10) days' written notice of such determination is sufficient notice. SECTION 14. That the Company, within fifteen (15) days after the passage of this Ordinance by the City Council of the City of Little Rock and the approval thereof by the Mayor, shall file with J . i *0 the City of Little Rock the written acceptance of this Ordinance, said acceptance to be signed and acknowledged by the President of said Company and attested by the Secretary, pursuant to a Resolu- tion by the Board of Directors of said Company. Said acceptance shall be upon the form attached at the end of this Ordinance. SECTION 15. The franchise herein granted is not transferable, without prior approval of the City Council, except upon merger,or consolidation. SECTION 16. • The citizens of Little Rock being without ade- quate transportation facilities because of the termination of the bus franchise heretofore issued to another company and the possible lapse, of service to the public during the change -over from one company to anothe' r, and this Ordinance being necessary for the pres- i ervatlon of the public peace, health and safety, an emergency is hereby declared to exist. That all ordinances and parts of ordi- i minces in conflict herewith are hereby repealed, and this Ordinance shal -l'be in full force and effect from and after its passage and approval, and.upon acceptance by the Citizens Coach Company. PASSED: Fsbrd&rY 13, 19 ATTEST: APPRO : J r City Clerk Mayor TO THE MAYOR AND CITY COUNCIL OF THE CITY OF LITTLE ROCK, ARKANSAS: The Citizens Coach Company, a corporation organized under and by virtue of the laws of the State of Arkansas, does hereby accept that certain Ordinance passed on the 13th day of February, 1956, entitled: "AN ORDINANCE GRANTING THE CITIZENS COACH COMPANY THE EXCLUSIVE RIGHT TO OPERATE A STREET BUS SYSTEM OVER CERTAIN ROUTES AND STREETS IN THE CITY OF LIT`T'LE ROCK; REPEALING ORDINANCES NO. 876, 7373, 7454, 7651 7891, 8319, 8714, 8783, 8938, 91442 AND 9735, AS AMENDED; AND FOR OTHER PURPOSES. " ATTEST: Secretary By CITIZENS COACH COMPANY