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ORDINANCE NUMBER 404
AN ORDINANCE OF THE CITY OF SlJ.\JFuRD, FLORIDA, GR.L\1JTING TO
VELMA L. GONZALEZ THE A1JTHORITY, R IGH'T, .illD PRIVIL~GE FOR
A PERIOD OF FIVE YEiillS TO ESTABLISH, 1u~INTAIN, AND OPERATE
A BUS TRiJJSFORTj.TION SYS'rE11 IN rID C I'IY OF S.n.NFORD, FLORIDA
FOR 1\13 TR':J~"SPORTA'rION FOR COI\IFENS.:~TION :JF PASSENGERS ~Jm
FIXING THE TERI\lS .-1-ID CONDITIONS 0JT i:lUCH GRANT, _',ND PRESCRIBING
J.N "JJJ:TU;..L LICENi:lETA:X TO BE PAID BY 'FEiE GR~~j'j"TEE,
B3 IT EN-ACrE:;) BY THE PEOPLE OF THE CITY OF S_.NFORD, FLORIDA:
Section 1.
rH"~T Velma L. Gonzalez, hereinafter referred to as Grantee,
be and she is hereby given the right and franchise for a period of five
years from and after the date this ordinance goes into effect, to occupy
and use the streets, alleys, and highways of the City of Sanford, Florida,
as hereinafter provided for the operation of a bus transportation system
for the transportation for compensation of passengers thereOY.er , such
grant, right, and franchise being subject to the terms, conditions, and
restrictions hereinafter stated and subject to all lawful ordinances
which the City of Sanford through its duly authorized authority may enact
'in the future in relation thereto.
Section 2.
THAT the rights, privileges, and franchise hereby granted
are subject to any and all reasonable regulations that may be imposed by
the City authorities and the Grantee shall at all times abide by all reason-
able regulations that may be imposed by the City Conmission of said City or
other proper authority of said City.
Section 3.
ra~T the City COliunission of the City of Sanford shall have
authority by proper ordinances from time to time to regulate the speed and
class of equipment that shall be required in the operation of such motor bus
transportation system.
Section 4.
THAT the operation of the motor bus transportation system
hereby authorized shall be be6un not less than 15 days after the date
this ordinance becomes effective.
Section 5.
THAT regular motor bus transportation service pursuant to
the grant aforesaid, shall be established, operated and regularly maintained
over and upon such routes and schedules and hours of service as may be de-
signated by the City Commission of the City of Sanford until such time as
the City Commission may by ordinance establish a definite system of routes,
schedules and hours of service, which may be done by said City Commission
at any time after not less th3n ten days' notice to the Grantee.
'rHAT any established route may be changed, modified or abandoned by
mutual consent of the City Commission and the Grantee, and additional
established routes may from time to time be provided by like mutual consent,
or arbitration as provided in Section 15 hereof. The Grantee may change,
modify or abandon any established route, provided that a written notice
of her intention so to do, such notice to contain description of such
proposed change, modification or abandonment, shall be served by the Grantee
on the City at least twenty-one days prior to the day on which such change,
modification or abandonment is proposed to be made effective, and published
in a newspaper regularly published and in general circulation in the City
once a week for two consecutive weeks prior to said proposed effe~tive
date, and such action as taken by the Grantee shall be valid, proper and
effective, and the City shall be presumed to have concurred therein, unless
the City Commission shall, after receipt of such notice and prior to the date
on which said proposed change would be effective, notify the Grantee in writing
that it disapproves of such proposed action. The Grantee shall not be
required to operate over any established route unless the operations of the
Grantee as a whole in the City shall afford, or show a reasonable prospect
of affording a fair and reasonable return on the cost of such operations.
If the City and the Grantee cannot agree as to whether or not said operations
will at that time Or within a reasonable period of time produce a fair
return upon the investment necessary for the operation thereof, the same
shall be submitted to arbitration as provided in Section 15 hereof, and the
Board of Arbitration in making its findings and decision of the question
in dispute so submitted to them for determination shall consider: (1) The
effect that such operation has or may have upon the safety of the traveling
public and the citizens of the locality affected, (2) The nature and
condition of the streets of such route, (3) The effect that such operation
has upon the needs of the traveling public and the locality of the City
affected, and (4) The length of time that the grantee has exercised its
rights and operated its business under this franchise, giving due weight
to the probability of a natural loss to the grantee from her operations
during the initial years of this franchise.
The grantee may at any time provide for the transportation of special
charter parties or excursions between any two points in the City without
being required to follow such established route or routes.
Section 6. THA'r the grantee shall at the request of the City Commis-
sion give temporary motor bus service on any route designated by said City
Commission with a view of deternlining whether such service can be made self-
. I
sustaining; that in case such service proves to be self-sustaining on
such temporary route, then one or more buses shall be operated on such
route as long as running expenses, including depreciation, are paid
thereby, FROVIDED HOWEVER, that the grantee shall not be required to
purchase any new or additional equipment for use on such designated route,
unless and until it has been proven that bus service thereon is a self-
sustaining and, PROVIDED ]~RTHER, that this provision shall be effective
only for the term of five years from the date this ordinance becomes
effective.
Section 7. '~a~T the grantee shall use modern city-type buses, fully
equipped VJi th modern safety appliances, and of attractive design. ~:;'ll
motor buses authorized under this grant and authority shall be kept in good
mechanical order and a sufficient number of buses shall at all times be
employed to carry out the service and schedule established by the City
Commission. All busses operated by the grantee shall be subject to in-
spection by representatives of the City as to mechanical condition.
Section 8. THAT the grantee shall fay unto the City of Sanford,
Florida, an annual license tax of Seventy-five dollars (~75.00) for each
bus operated hereunder for each license year beginning October 1st. and
ending September 30th. of the following year.
Section 9. T1I~:~T the fares to be charged by the grantee shall be
uniform, just and reasonable, and shall be such that will provide a fair
and reasonable return on her investment. The amount of such fares shall
be determined by the Grantee, provided that in no case shall the grantee
charge a greater fare than ten cents per passenger for a single ride on a
continuous trip, includinS any necessary transfers, between two points
within the City Limits without first having received the approval of the
City, and provided also the the grantee may reduce the fares for special
occasions, charter parties, ex~nrsions, wee:::ly "'w.} cC>EIilutation tickets or
tokens, and for school children without the necessity for consultation
with the ctty. The City of Sanford hereby reserves the risht to regulate
from time to time the fares that ffiFJ.y be charged by the grantee for the
trans~ortation of passengers.
Section 10. THAT the City of Sanford shall permit the establishment
of reasonable stop zones along the established routes of the grantee for
the purpose of enabling the grantee to take on and discharge passengers
with safety and dispatch; such zones to be on the right side of the
course in which the buses of the grantee are operated and adjacent to the
street intersection.
Section 11. fRAT the grantee shall during the continuance of this
franchise keep an office in the City of Sanford, Florida.
Section 12. 'rHAT the grantee shall promptly make payments to the City
for all damages done or caused to the streets and other 'property of the City
caused by the operation of the grantee's vehicles, reasonable wear and tear
excepted.
Section 13. TH:\T the grantee in her operations shall comply with all
general ordinances of the City now in effect or hereafter adopted for the
regulation and control of motor vehicle traffic.
Section 14. TH1~T the grantee shall at the time of the commencement of
her operation hereunder furnish and file with the City Clerk Of the City of
Sanford, a public liability insurance policy or policies in responsible
insurance ~ompanies authorized to transact business in ~he state of Florida
and to be approved by the City Commission of said City, upon each motor bus
operated by the grantee, conditioned to indemnify the public for damages or
injuries to persons or property or for the death of any person or persons
resulting from or caused by the carelessness, negligence or default of the
grantee, her servants, agents or employees, which policies of insurance
shall be in the follm~ing principal sums:
( a ) Property damage, $5000.0::' minimum
(b) Personal injuries (one person in any sin31e accident),
$10,000.00 m!nlmum.
(c) Personal injuries (more than one person in any single
accident), $50,000.00 minimum.
In the event any of the policies shall expire, the said grantee
shall secure other policies of like amount and provision and maintain the
same at all times in the office of the City Clerk after approval thereof
by the City Commission.
Section 15. THAT in the event the City and the grantee shall be
unable to agree in respect to any matter arising hereunder, the subject
of disagreement shall be referred to a Board of iirbitration to be selected
in the following manner: The City shall select a person in no way connected
with the government of the City and the grantee shall select a person in
no way connected with her, and these two shall seledt a third member in
no way connected with the government of the City or with the grantee, such
three (.3) members to compose the said Board of Arbitration. It is hereby
expressly agreed that the findings of the said Board of Arbitr&tion shall
be final upon all issues of fact so submitted to the Board and that the
expenses of said arbitration, including expenses of the Board, shall be
certified by it to both parties and shall be paid by the grantee. Suc~
expenses shall not include any allowance for fees for attorneys or experts
for either party.
Section 16. THAT the authority Gnd privileges granted hereunder shall
at the option of the City be subject to forfeiture upon the failure or
refusal of the grantee to comply with any of the terms hereof, provided that
the City shall give to the grantee not less than thirty (30) days' notice
of its intention to exercise its said option, such notice to specify the
default complained of during which time the grantee shall be allowed to
correct such default, in which event no forfeiture may be declared.
Section 17. THAT the City reserves the right and shall have the option
to purchase all of the grantee's equipment and property used under or in
connection with the franchise or right herein and hereby granted, at a
valuation of such property real and personal desired, which valuation shall
be fixed by arbitration as provided by law.
Section 18. THi~T the grantee shall hold the City harmless against
any and all liability, loss, costs, damage or expense which may accrue to the
said City by reason of the neglect, default or misconductof the grantee in
connection with its rights hereunder. Nothing in this ordinance shall be
considered to make the City liable for damages on account of any negligent
act of omission or commission by the servants, agents, or employees of the
grantee during her operation of her transportation services, either in respect
to persons or with respect to any property damage which may be sustained.
Section IS. THAT in the event of bankruptcy or receivership of the
grantee this franchise may, at the option of the City, be forfeited and
terminated in the same manner that other forfeitures are provided for
herein.
Section 20. THAT this grant and authority is made upon the condition
that the grantee shall file with the City Clerk of the City of Sanford,
written notice of the acceptance of the same within thirty (30) days after
the effective date of the passage of this ordinance, and when such notice
of acceptance is filed, this ordinance and the acceptance shall constitute
a contract ':::letween the City and the grantee for all the uc-es, services
and purposes set forth herein.
Section 21. .i..'~I;;'T the grantee hereunder is expressly given the right
to sell, assign and transfer this franchise, together with all rights
and privileges hereunder, provided that the grantee shall first file
written notice with the City Clerk of the City (Jf Sanford of her intention
to so sell, assign and transfer sixty (60) days prior to selling, assigning
such
and transferring/franchise and provided further that the City Commission
of the City of Sanford shall by ordinance, ;ive its approval and consent
to said sale, assignment or transfer. Such notice of assignment shall state
to whom such contemplated assignment is to be made and the address of such
contemplated assignee.
Section 22. THAT all ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed.
Section 23. TflliT this ordinance shall become effective irillnediately
upon its passage and adoption.
PASSED cl~D JillOPTED this 23rd day of September
, 1946
ATTEST:
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AS the City COIDmlssion of the
.~ City of Sanford, Florida.
I, H. N. SRyer, City Clerk of the City of Sanford,
Florida, hereby oertify that a true copy of the forego!ng
Ordinance No. 404, passed and adopted by the City Commission
of the City of Sanford, Florida, on the 23rd day of September,
1946, was POSTED at the front door of the City Hall in the
City of Sanford, Florida, this 24th day of September, 1946.
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