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HomeMy WebLinkAboutOrd 1961-063 Motor Bus System Franchise - Clifford L. Smith• • • ORDINANCE NO. 63 AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, GRANTING TO CLIFFORD L. SMITH CERTAIN RIGHTS, PRIVILEGES, GRANTS AND FRANCHISES, AND PARTICULARLY THE RIGHT TO OPERATE A MOTOR BUS SYSTEM FOR THE TRANSPORTATION OF PASSENGERS AND PASSENGERS' BAGGAGE ALONG, UPON, OVER AND ACROSS THE PUBLIC STREETS, AVENUES AND BOULEVARDS ON THE VILLAGE: REQUIRING THE FILING OF PUBLIC LIABILITY INSURANCE POLICIES FOR THE PRO- TECTION OF THE PUBLIC: FIXING THE MAXIMUM RATES OF FARE TO BE CHARGED BY SAID GRANTEE; PROVIDING FOR RULES AND REGULATIONS IN THE OPERATION OF SAID MOTOR BUS SYSTEM: REPEAL- ING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH AND FOR OTHER YURPfSFS. BE IT AND IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA: Section 1. That there shall be and is hereby granted unto CLIFFORD L. SMITH of the Village of North Palm Beach, Florida, his personal representatives, heirs and permitted assigns, the right to operate a motor bus system for the transportation of passengers and passengers' baggage along, upon, over and across the public streets, avenues and boulevards of the Village of North Palm Beach, Florida, and, so far as it is under the jurisdiction of this Council or within its power to grant, into territory adjacent to the corporate limits of said Village. Section 2. It is hereby declared to be a condition of this grant that the grantee shall operate said transportation system in compliance with the route, time and stop schedules approved by the Village Manager in writing and in force and effect at any given time and posted at the Village Hall. In the event said grantee fails to operate said transportation system in .accordance with such schedule for a period of thirty (30) days, Acts of God, Acts of War and of the public enemies or other causes beyond the control of the grantee excepted, this franchise and each and every right, privilege and authority by this ordinance granted, shall, without the passage of any resolution, ordinance or any section of any kind whatsoever on the part of the Village, be null and void and absolutely of no effect. Section 3. The grantee herein shall furnish and file with the Village Clerk of the Village of North Palm Beach, Florida, public liability insurance policies, to be approved by the Village Manager, upon each motor bus operated by the said grantee in enjoyment of the grant herein made, conditioned to indemnify the public for damages or onjuries 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, his servants, agents or employees, which policies of insurance shall be in the following principal sums: (a) Property damage $5,000.00; (b) Personal injuries (one person in any single accident) $100,000.00; (c) Personal injuries (more than one person in any single accident) $300,000.00. • • • Ordinance # 63 Page 2. In the event any of said policies shall expire, the said grantee shall secure other policies of like amcunt'and provision, and maintain the same at all times in the office of the Village Clerk. Said policies shall be executed by companies qualified to do business under the laws of the State of Florida. Section 4. The maximum rates of fare to be charged by said grantee until readjustment of rates as hereinafter provided shall be as follows: 1. Maximum fare for any passenger regardless of age for one continuous ride in the same general direction from any point within the limits of the Village of North Palm Beach, Florida, to any point within the Village, shall not exceed 15 cents. 2, Fares from the Village limits to points outside the Village and from such points outside the Village to the Village limits shall be reasonable and shall be posted by the grantee at the Village Hall. Section 5. The grantee, as consideration for the grant herein made by the Village of North Palm Beach, Florida, shall pay to said Village such reasonable occupational taxes, if any, set from time to time by ordinance, and said Village shall, and hereby reserves the right to, assess, levy and collect real and personal property taxes upon all real and personal property of said Grantee, except any which is exempt from such taxation by the Constitution of the State of Florida. Section 6. This ordinance and the franchise, rights, privileges and authori- ty hereby granted shall, subject to the provisions herein contained, be and remain in full force and effect for the period of thirty (30) years next succeeding the effective date referred to herein. Section 7. The grantee agrees that the motor bus or buses used in connection with this franchise shall be of new, modern, street car type of coaches with a capacity of not less than 17 passengers each and that he will at all times maintain the same in good repair and first-class condition. The Village reserves the right to inspect and pass upon the motor buses, coaches and other equipment of said grantee periodically and may from time to time require that all worn out or antiquated motor buses, coaches, or other equipment, be replaced with new motor buses, coaches or equipment, to the end that said Village lnd its inhabitatns shall have the advantages of all improvements in urban transportation service. Section 8. Said grantee agrees that he will adopt and will at all times main- tain within the Village a modern and recognized standard accounting system, the records of which shall be subject to audit and inspection at all times by a representative of the Village Manager or of the Village Council. Section 9. Recognizing the Public character of the transportation system to be operated by the grantee hereunder and the attendant expense and investment of capital necessary for the proper establishment and maintenance of said transportation system, the Village of North Palm Beach, Florida, hereby grants to the grantee the sole right to operate Ordinance # 63 Page 3. an intra-Village bus schedule system, upon and across the public streets of the Village, said sole right being conditioned upon the faithful performance and operation of said transportation system by said grantee. Section 10. The enumeration herein of special requirements and specific regulations shall not be taken or held to imply the relinquishment by the said Village of its power to make other reasonable requirements or regulations and the said Village hereby expressly reserves the right to make all regulations which may be necessary or proper to secure in the most ample manner the safety, welfare and accommodation of the public, including, among other things, the right to pass and enforce ordinances to protect the public from danger and inconvenience in the management and operation of public trans- portation accommodations for the inhabitants of said Village and to insure their comfort and convenience and to provide up-to-date and first-class motor bus service as contemplated by this ordinance. Section 11. This franchise and the rights and privileges of the grantee here- under shall not be assigned, hypothecated, or transferred by said grantee without the consent of the Village Council, which consent, if given, shall be evidenced by a resolu- tion of said Council. The consent or assignment of said franchise or hereunder shall not be given until responsibility of such prospective of the Village Council to the transfer, hypothecation, of any of the rights or privileges of said grantee said Village Council has investigated the financial transferee or assignee or until such prospective trans- feree or assignee shall have complied with Section 3 of this ordinance. In the event said franchise or any of the rights or privileges hereunder shall be transferred with the consent of said Village Council, such transferee or assignee shall be obligated and bound to perform each and every of the duties and obligations of the grantee hereunder and shall be subject to all penalties which may be enforced against said grantee. Section 12. Said grantee shall be liable and responsible for the proper opera- tion and management of said transportation system and by the acceptance of this franchise covenants and agrees to save said Village harmless of and from any and all liability from any cause whatsoever in connection with the operation and management of said transportation system. Section 13. In the event any section, paragraph, sentence, clause or portion of this ordinance shall for any reason be held to be unconstitutional, invalid or ineffective, the same shall not repeal, nullify or in anywise affect any other section, paragraph, sentence, clause or portion of this ordinance and said Village Council does hereby declare that it would have enacted each separate section, paragraph, sentence, clause or portion of this ordinance irrespective of any other section, paragraph, sentence, clause or portion thereof. Section 1lt. All ordinances and parts of ordinances in conflict herewith shall be and the same are hereby repealed. • • • • Ordinance # 63 Page 4. Section 15. Subject to the acceptance of this franchise by said grantee and his compliance with Sections 2 and 3 hereof, then, and in such event, this ordinance shall become effective on the 15th day of March , A. D. 1961. (SEAL) ATTEST: FIRST READING the 111th day of March , 1961. SECOND, FINAL READING AND PASSAGE the 11Gth day of March , 1961. (nSein i age Clerk t_ de—S. _ Mayor