Ordinance 063 Motor Bus System Franchise - Clifford L. Smith
ORDINANCE N0. 53
AN ORDINANCE OP' THE VILLfaGE OF NORTH PALM BEACH, FLORIDA, GRANTING TU CLIFFURD
L. SMITH CERTAIN RIGHTS, PRIVILEGES, GRANTS AND FRANCHISES, AND PARTICULARLY THE RIGHT
TO OPERATE A MOTOR BIIS SYSTEM FOR THE TRANSYORTATIODI OF PASSENGERS AND YASSENGERS~
BAGGAGE ALONG, UPON, OVER AND ACROSS THE PUBLIC STREETS, AVENUES AND BOULEVARDS UN' THE
VILLAGE: REQUIRING THE FILING OP' rU"_,LIC LIABILITY INSURANCE POLICIES F'UR THE YRO-
TECTION Ur' THE PUBLIC: FIX7IVG THE MAXIMUM RATES OF FARE TO BE CHARGED BY SAID GRANTEE;
PROVIDING FOR ttUIES AND REGULATIONS IN THE OPERATION OF SAID MOTOR BUS SYSTEM: REPEAL-
ING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH AND FOR OTIE:R PURPOSES.
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BE IT AND IT IS HEREBY 0_RDAIIVED BY THE VILLAGE COUNCIL DF THE VILLAGE UP'
NOH,TH YALTi 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 aixl across the public streets,
avenues and boulevards of the Village o£ 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
;;rantee 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,
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privilege and authority by this ordinance granted, shall, without the passage of any
resolution, ordinance or arty section of airy 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 £or 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 ~!i,000,00;
® (b) Personal injuries (one person in any single accident} X100,000.00;
(c) Personal injuries (more than one person in any single accident)
X300,000.00.
Ordinance # 63
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In the event arty of said policies shall expire, the said grantee shall secure
other policies o£ like amount 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 1~. The maximum rates of fare to be charged by said grantee until
read3ustment 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 hereim. 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 4rantee, 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, b e 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 srantee 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
*+ass upon the motor buses, coaches and other equipment of said grantee periodically and
may from time to time reauire that all worn out or 3ntiouated motor buses, coaches, or
other equipment, be replaced with new motor buses, coaches or equipment, to the end that
' said Village end 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-
taro within the Village a mo3ern and recognized standard accounting system, the records
of which shall be subject to audit sod inspection at all times by a representative of the
Village Manager or of the Village Council,
Section 9. kecognizing the Frublic.character of the transportation s,,*stem to bn
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 R'orth Palm Beach, Florida, hereby grants tp the grantee the sole right to operate
Ordinance # 63
Page 3.
an intra-Village bus schedule systems upon end 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
groper to secure in the most ample manner the safety, welfare and accommodation of the
public, including, among other things, the ritght to pass and enforce ordinances to protect
• the public from danger and inconvenience in the management and operation of public trans-
portgtion accommodations for the inhabitants of said Village and to insure their comfort
+~nd convenience and to provide up-to-date and first-class motor bus service as contemplated
by this ordinance.
Section 11. This franchise a+:d the rights and privileges of the grantee here-
under shall not be assigned, hypothecated, or transferred by said grantee without the
consent o£ the Village Council, which consent, if given, shall be evidenced by a resolu-
flop of said Council. The consent of t;he Village Council to the transfer, hypothecation,
or assignment of said franchise or o£ any of the rights or privileges of said grantee
hereunder shall not be given until saki Village Council has investigated the financial
responsibility of such prospective 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 Councils 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 en.°orced 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 anal agrees to save said Village harmless of and from any and all liability from arty
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 ar~pwise 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 parti.on 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
PaEe fit.
Section 15. Subject to the acceptance of this f ranchise 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.
rr^IRST READING the 11tth day of March , 1961.
SECOND, FINAL READING AND PASSAGE the 1lath day of March , 1961.
(SEAL}
• ATTEST:
\ Pil al ge Oler~s
Mayor