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HomeMy WebLinkAboutOrdinances - No. 324CRDINAICCE NO. 324 AfJ ORDINANCE GRANTING TO HARRY E. MAHAFFEY A FELANCHISE TO ESTABLISH, AND, FOR A PERIOD CoblhilENCING WITH THE WFECTIVE ( 10) DATE OF THIS ORDINANCE M’D CONTINUING FOR A PERIOD OF CALENDAR YEARS THEREAFTZR, TO CONDUCT, UINTAIN AND OPERATE ON RFGULAR TEN SCIIEDULES, INTRA-MJNICIPAL MGTOR BUS LINES FOR THE TRANSPORTATION OF PASSENmRS AND THZIR HAND BAGGAGE FOR HIRE, VNOILY WITHIN THE CITY OF LODI, CALIFORNIA, OVER, UPON AND ALONG TIIE STKEETS, HIGHWAYS, ALLEYS, BOULEVARDS, AVENUES, ROADS ANXI OTHER PUBLIC PLACES HiGG3INAFTER PRESCRsJh ED MD FIXING THE COLlPENSATION AND SPECIFYING THE TERMS AND CONDITIQNS OF SAID FRANCHISE. XiEREAS, on the a day of DECEMBER 191& one HAFBY E. MAHAFFEY filed with this City Council of the City of Lodi, California, a municipal corporation of the sixth class situated in the County of San Joaquin in said State, an application for a franchise to conduct, maintain and operate, on regular schedules, intra-municipal motor bus lines for the transportation of passengers and their hand baggage, for hire, wholly within said City of Lodi, over, upon and along streets, highways, alleys, boulevards, avenues, roads and other public places therein, and , WEEFiEAS, at its regular meeting held on the -day of bearch 19& said City Council received said application and directed an adver- tisement of the fact of said application, together with a statement that it proposed to grant the same, and , WHEREAS, said advertisement, as so directed, was published in the MDI NEVB - SENTIMEL , a newspaper of general circulation in the City of Lodi, County of San Joaquin, State of California, being a news- paper published daily except on Sundays and Holidays in said City, once each day for ten (10) successive days on which said newspaper was published, the full publication having been completed not less than twenty (20) nor more than thirty (30) days prior to any further action on said application, VJHEREAS, said advertisement, published as aforesaid, stated the character of the franchise or privilege proposed to be granted, the term for which it was to be granted, that sealed bids would be received at the office of the City Clerk of the City of Lodl in the City Hall thereof until the hour of 10 otclock A. M. of Wewday the 1st day of May 1946, that the successful bidder and his assigns must, during the life of said franchise, pay to tie City of Lodi trio percentum (2%) of the gross annual receipts of the person, partnership or corporation to whom the franchise mignt be awarded, arising out of its use, operation or possession, and, that such franchise would be struck off, sold and awarded to the person making the highest bid therefor in the manner provided by statute, and, WHEREAS; said HARRY E. MAHAFFEY did file with said City Clerk, as aforesaid, before 1O:OO o'clock A.N. on the day of May the sum of Five Dollars ( $ 5.00 1 therefor and enclosing with said bid cash in , the full amount of said bid 3 to-wit, Five Dollars ( $ 5-00 ), and, first 1946, his sealed bid for said franchise, bidding ~~~~, said seded bid, being the only bid received was opened by said City Council at the hour of 8:OO onclock P.M. on the 1st day of May -1946, publicly and in open meeting of said City Council and , WHE€EAS, thereupon, by motion duly made, seconded and carried at the 1946, the regular meeting of said City Council held May 1st.. said franchise was struck off, sold and awarded to said Harry E. Mahaffey the person making the highest bid therefor, as aforesaid, now therefore: The City Council of the City of Lodi does ordain as follws : Section l* There is hereby granted to Harm%, Mahaffey 3 hereinafter referred to as the Grantee, a franchise to establish, and for a period commencing with the effective date of this ordinance and contin-g for ten ( 10 ) years thereafter, to conduct, maintain and operate, on regular schedules, intra-municipal bus lines for the transportation of .. .. . passengers and their hand baggage , for hire, wholly within the City of Ldi, over, upon and along streets, highways, alleys, boulevards, avenues, roads and other public places therein, subject however to all the covenants, conditions, restrictions and limitations elswhere contained in this ordinance. The operation of said motor bus lines shall be over such streets, highways, alleys, boulevards, avenues, roads and other public places in the City of Lodi now existing or that may be added thereto by annexation, as may be fixed ,a"d established from time to time by resolution of the City Council of said City, under and upon reasonable terms, regulations and notice to said Grantee. Section 2. Section 3. The Grantee shall pay to the City of Lodi two percentum (2%) of the gross annual receipts arising from his use, operation and possession of this franchise, provided however, that no percentage shall be paid for the first five (5) years succeeding the effective date of this franchise, but thereafter such percentage shall be payable annuallyo Section 4. The complete operation of all motor bus lines in full accordance with this franchise shall commence at the hour of six orclock A. Mo of the day upon which this franchise becomes effective. Section 50 The operation under this franchise shall be commenced with not less than two (2) motor busses, and number of busses, giving due consideration to their individual seating capacity, shall be at all times sufficient to reasonably provide for all traffic offered and to maintain the prescribed schedules and to keep the Thereafter, the mount of eqdpment service at the highest practicable standard of efficiency. busses shall be added, from time to time, as may be reasonably necessary, at the discretion and upon the order of the City Council, after reasonable notice to the Grantee. by said City Council and shall be kept in the highest practhcable working order by the Grantee at all times. All equipment that may become unsafe, unserviceable erder of said City Council determining such unsafe condition or such inad- equacy or unserviceability. Additional iill equipment shall be subject to constant inspection or inadequate shall be retired from regular service upon the Section 6. The fare, one way, over any of the routes or lines estab- lished under this Franchise, and any and all extensions, alterations and amendments, reroutings or additions thereto within the Limits of the City of Lodi as said city limits exist at the effective date of this franchise, shall not be less than five (5) cents nor more that ten (10) cents, and shall be fixed from time to time within said limits by said City Councila Children under five (5) years of age'while not occupying seats shall be carried free of chargep The Grantee shall issue no passes nor transport any persons, other than its officers or employees,free of charge without presentation of a valid pass issued by the Grantee upon request of the City Council, Commutation tickets at reduced fares may be issued to persons making twenty (20) or more trips per month, school children and letter carriers under such regulations as the City Council may prescribe, Section 70 From and after the commencement of operations under this franchise, the Grantee shall operate his motor busses every day over the whole length of each of his routes or lines at sufficiently frequent intep vals and at such hours as may be reasonably necessary to accomodate the traffic offered and in accordance with the regulations of the Grantee made frm time to time with the City Clerk and as approved by the City Council. should Grantee be prevented therefrom by storm, floods, riots, strikes or other causes beyond his control. Provided, however, that such schedules may not be effective All schedules under which motor busses shall be operated shall be approved by resolution of the City Council before being placed 3x1 effect and shall be written or printed and filed with the City Clerk of the City of Lodie a Section 8* In the event that7public way traversed by the motor bus lines herein may be closed for any reason or be impassable, motor busses may take detours using the nearest passable parallel streets for the shortest possibU distance to avoid such closed or impassable portions, Section 99 Grantee, before the operation of any motor bus under this franohise, shall acquire a policy of insurance executed by a company duly authorized to do an insurance business in California wherein said company (k) promises and undertakes to pay in full all clajms for damages to persons or property arising out of the operation of lines of motor busses under this franchise, provided that the maximum amount for which such liability shall be assumed for injury to or death of one person in any one accident shall be Ten Thousandl Dollars ($10 000,OO) and injury to or death of more than one person in any one accident shall be Twenty Thousand Dollars ($ 20 OOO,OO), and the maximum amount of the liability assumed for injury to or destruction of property in any one accident shall be Five Thousand Dollars ($b 5 OOO,OO), Said policy of insurance shall be kept in full force at all times during the life of this franchise and a certified copy thereof shall be filed with the City Clerk. as to sufficiency and by the City Attorney as to form. Sdd policy of insurance shall be approved by the Uayor Section 10. Grantee shall not sell, lease, assign or transfer any of the rights or privileges granted by this franchise unless such sale, lease, assignment or trmsfer shall have been approved by resolution of the City Council. c. *+. Section llo Should the Grantee be adjudicated a bankrupt or become insolvent or seek the benefits of any act of Congress or of the State Legislature now or hereafter in effect, during the term of this franchise, for the financial relief of debtors, the City Council may, in its discretion, immediately terminate all the rights granted by this franchsse upon service of ten (10) days written notice of such election upon Grantee by registered mail Section 12. The Grantee shall indemnify and save free and harmless the City of Lo&, its officers and employees, against and from all damages, judgements, decrees, costs and expenditures which it or they may suffer or which may be recovered from or obtained against them during the term hereof for or by reason of acts done by said Grantee or growing out of or resulting from the excercise of any or all of the rights granted b~ this franchise by said Grantee, his servants or agents. Section 130 The Grantee shall file a bond running to the City of Lo& with at least two good and sufficient sureties or by an insurance company licensed to do insurance business in this state, in the penal sum of two ’ thousand dollars ($ 2,000.00 ) (5) - conditioned that the Grantee shall well and truly observe, fulfill and pem form each and every term and condition of this franchise and that in any case of any therein named shall be taken by said City and deemed to be liquidated damages and shall be recoverable from the principal and his sureties upon said bdnd,, Such bond, after its approval by the City Council, shall be filed with the City Clerk. '*:..* breach thereof, the whole amount of the penal sum Section 14. The City Clerk shall certify to the passage of this ordinance by the City Council of the City of Lodi and cause the same to be published one time in The Lodi Times, a newspaper of general circulation printed and published in said City, and said ordinance shall become effective and be in force thirty. (30) days after its final passage, within fifteen days after said psssage Approved this 15th day of May 1946 3 Mayor of t e City of Lodl Attest: State of CdLfornia, County of San Joacpin, City of Lodi ss I, J. F, BLmY, City Clerk of the City of Lodi, California do hereby certify that the whole number of members of the City Council of said City id five (5); regularly introduced in said City Council on the a day of May meeting of said City Council held on the 15th day of Ma? 1946 by the follosihg vote: that the foregoing Ordinance No, 324 was 1946 and was thereafter passed and adopted at a regular AYES: Councilmen LYTLE, RIGGS.. HASKELL. TOLLIVER AND m. EOES: Councilmen NONE ABSENT: Councilmen NONE I further certify that said OrdJnance No 324 was approved and signed by the Mayor on the date of its fiihal passage and adoptione yams my had and the seal of said City this day of 1946