Article VI
METROPOLITAN TRANSIT AUTHORITY

Sections:

Section 1.    Franchise grant.

Section 2.    Bus routes – Filed with City Clerk.

Section 3.    Rates – File with City Clerk.

Section 4.    Hold harmless.

Section 5.    Acceptance.

    Editor’s Note: Ord. No. 16640, § 6, adopted Sept. 28, 1993, repealed former Art. VI, which pertained to similar subject matter. Sections 1 – 5 of said ordinance added a new Art. VI to read as herein set out.

Section 1. Franchise grant.

In consideration of the benefits to be derived by the City of Topeka, Kansas, a municipal corporation, and its inhabitants from the maintenance and operation of a bus transportation system in the City of Topeka, there is hereby granted to the Topeka Metropolitan Transit Authority, hereinafter referred to as “Authority,” its successors and assigns, the right, privilege and authority for a period of twenty (20) years from the effective date of this ordinance, to maintain and operate a bus transportation system conveying passengers for hire within the limits of said City as the same now exists or may hereafter be extended; and for said purpose there is hereby further granted to said Authority, the right, permission and authority to operate its buses upon, over, and along the streets, avenues, alleys, bridges and other public ways of said City. (Ord. 16640 § 1, 9-28-93.)

Section 2. Bus routes – Filed with City Clerk.

The Authority shall operate its buses initially over routes as shown on the plat of the streets, avenues and alleys of the City this day filed with the City Clerk of the City of Topeka and, as changes are made in said routes from time to time by the Authority, it shall, after giving notice to the Governing Body of the City, give a plat showing changes in such routings. (Ord. 16640 § 2, 9-28-93.)

Section 3. Rates – File with City Clerk.

The rates charged customers for transportation furnished by the Authority shall be in accordance with the schedule of rates this day filed with the City Clerk of the City or such changed rates, after giving thirty (30) days written notice to the Governing Body of the City of changes in rates as from time to time may be filed by the Authority with the City Clerk of the City. (Ord. 16640 § 3, 9-28-93.)

Section 4. Hold harmless.

Authority, its successors and assigned, shall save and hold the City of Topeka harmless for all liability, damages, costs and expenses of every kind for the payment of which said City may become liable to any person, firm, company, or corporation by reason of the rights and privileges herein granted and, if any action either at law or in equity, be brought against the City for damages or for any cost to the City for any fault or negligence of the Authority, its servants, agents or employees, in the operation of its transportation system, Authority, its successors and assigns, shall pay all costs, damages and expenses for which said City may be held liable. (Ord. 16640 § 4, 9-28-93.)

Section 5. Acceptance.

Within thirty (30) days from and after the passage and approval of this ordinance, said Authority shall file with the City Clerk of said City of Topeka, Kansas, its unconditional written acceptance of this ordinance, otherwise this ordinance shall become null and void. (Ord. 16640 § 5, 9-28-93.)