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HomeMy WebLinkAbout404 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: ..-d' ("-- -', / /'t( ~lfayor - - ... ~ ~ \yPJ ~ R.. V\ ______ , ," ."u, /--~:- ~I// ,'"-~jll:~~/ /,A ~~)-'v /~ ) D ---ff- \.. '~,,-~ 0. .. fAJ ~_.__ 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. ./.-' ,r // I I _.1 ,-~~-,-