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HomeMy WebLinkAboutOrdinances_1494_CCv0001.pdf ORDINANCE NO, 1494 AN ORDINANCE OF THE CITY OF REDLANDS GRANTING TO ROSCOE DEATON A FRANCHISE TO OPERATE AUTHORIZED PASSENGER CARRYING VEHICLES (BUS) FOR A PERIOD NOT TO EXCEED TWELVE MONTHS OVER, ALONG, AND UPON THE STREETS OF THE CITY OF REDLANDS AND RESCINDING ORDINANCES NO, 1393 AND 1402 THE CITY COUNCIL OF THE CITY OF REDIANDS DOES ORDAIN AS FOL- LOWS: SECTION ONE; A franchise is hereby granted to Roscoe Deaton, hereinafter sometimes referred to as "Grantee"', to operate author- ized passenger carrying vehicles (bus) over, upon, and along the streets of the City of Redlands, and charge and retain a City- approved fare, subject to the provisions and conditions of this ordinance. SECTION TWO: The term of this franchise shall be for the period of twelve (12) months, unless sooner terminated, and shall be subject to the right of the City to terminate or alter or amend said franchise at any time as hereinafter provided, SECTION THREE: If the Grantee shall at any time fail to com- ply with or fulfill the terms or conditions of this franchise, the City Council may by ordinance revoke this franchi-se. Failure of the Grantee to furnish adequate service by reason of strikes, lockouts, war, riot, civil commotion; inability to acquire equip- ment, parts, fuel, lubricant, or other causes beyond the control of the Grantee, shall not be a violation of the terms of this franchise. If any term or condition of this franchise shall be or become invalid or unenforceable, the City Council may by ordinance termi- nate this franchise, provided the City Council. shall find and declare that the invalid or unenforceable term or condition con- stituted a consideration material to the grant of this franchise, SECTION FOUR: All vehicles used under this franchise shall be operated and maintained in accordance with the laws of the State of California, and the ordinances of the City. SECTION FIVEg The Grantee of this franchise, by acceptance of the same, agrees with the City to charge such rates for passenger carrying (bus) service as may from, time to time be made by -she City, by resolution, SECTION SIX: The City of Redlands shall have the right by resolution to regulate the operation of the Grantee as follows : (a) To prescribe orders respecting character, routes, extent, quality and standards of the passenger carrying bus serv- ice. Minor route changes may be made by minute action of the City Council. (b) To fix rates of fares charged passengers, and to make orders respecting the same. (c) To prescribe such other rules and regulations as may be necessary to facilitate the service to be rendered to the public under this franchise. SECTION SEVEN: The Grantee is responsible that the operators of the passenger carrying vehicles (bus) shall, at all times, be qualified and possess a Class II driver' s license pursuant to the requirements of the Vehicle Code of the State of California. SECTION EIGHT: Neither this franchise, nor any interest therein, shall be sold, assigned or disposed of, either by merger or consolidation, or otherwise, withoiat the consent of the City expressed in writing. SECTION NINE: The City hereby expressly reserves the right to modify, amend, alter, change or eliminate any of the provisions of this franchise during the life of the same, for the following purposes, to wit: (a) To eliminate or delete from the same such condi- tions as prove obsolete or impractical . (b) To impose such additional conditions upon the Grantee as may be just and reasonable, such conditions to be those as may be deemed necessary for the purpose of insuring adequate service to the public. SECTION TEN: In the interest of public health, safety and welfare, the Grantee shall not operate any passenger carrying vehicle (bus) unless and until the following conditions have been. met: (a) Only vehicles approved by the California Highway Patrol (Motor Carrier Operation Section) will be used. (b) Each vehicle should have the following equipment or facility: 1. Proper seating for passenger capacity. Z . An emergency door, so marked on the inside, provided at the rear of the bus. This door Ordinance No. 1494 - Page two must be capable of being opened by anyone inside the bus. A warning device mast be installed near the driver to indicate, by means of a light or buzzer, when this emer- gency door, is open. 3 . Proper heating equipment. 4. Proper defrosting equipment. 5 . The vehicle undercarriage must have a guard placed over any slip-joint on the . driveshaft. (For example, the universal joint and the differential . ) 6. The exhaust pipe system must terminate at the end of the 'bus, or in any event terminate beyond the rear drive wheels . 7 . Standees will not be permitted unless adequate safety facilities are installed. 8 . The Grantee must keep daily records on each driver, showing the hours of his work, includ- ing the hours of starting and stopping work. (c) Vehicles may be inspected at irregular intervals by the Chief of Police of the City of Redlands . (d) Grantee shall secure and maintain at all times a policy or policies of insurance in the following categories and minimum amounts; Bodily Injury Liability. . . . $100,000 each person Bodily Injury L ability. . . . $300, 000' each occurrence Property Damage. . . . . . . . . . . .$ 50,000 The City of Redlands will be named as an additional insured on above policies. The Grantee shall file certificates, in form acceptable to the City, of evidence of such coverage with the City Clerk. (e) The Grantee shall maintain a distinctive color scheme with the name of the company on each side of each vehicle. (f) No political advertising signs of any kind will be displayed, either inside or outside of the vehicle, unless specifically authorized in writing by the City Council . SECTION ELEVEN: The City Council of the City of Redlands declares that public convenience, necessity and welfare require Ordinance No. 1494 Page three a minimum of one passenger carrying vehicle (bus) to be maintained and operated by the franchise holder, in accordance with schedules and upon routes prescribed by orders issued by the City in accord- ance with Section Six, herein, such vehicle to be operative within the city limits of the City of Redlands, together with necessary operator available for the vehicle. In the event the existing franchise holder fails to provide such minimum requirements or fails to abide by any term of this franchise, the City shall upon such determination notify the Grantee in writing and the Grantee shall have ten days to increase service to minimum standards. If the Grantee fails, the City may grant an additional franchise. SECTION TWELVE: It shall be unlawful for the Grantee or any vehicle operator to give directly or indirectly, or Cause to be given, any rebates, commissions, reserve rebates, or any reduced rates or cash discounts to any person or persons, or to any groups, except as provided herein. A schedule of such rates shall_ be posted in a conspicuous place within the vehicle (bus) . SECTION THIRTEEN: (a) To promote the public interest in the establishment and operation of an efficient passenger, carry- ing service (bus) , the City of Redlands shall provide the follow- ing assistance to Grantee: (1) To pay $815 .00 per month to Grantee monthly. Cost of gasoline and oil supplied by City (Par. (2) below) , will be deducted from this payment. (2) To supply gasoline and oil from the City' s gasoline storage facilities to Grantee at City cost price, with such fuel to be pro- vided to Grantee only by employees of the City and to be used only for an operating passenger carrying vehicle (bus) in accord- ance with this ordinance within the bound- aries of the City of Redlands. (3) Payments will commence when the Grantee begins to operate the bus service and will continue only during such time as Grantee provides bus service in accordance with all provisions of this ordinance _ (b) In implementation of this City policy, at the end of the twelve (12) month period of this ordinance, the revenue and expense data of the Grantee will be reviewed by the City. Prior to any renewal or extension of this franchise, a formula will be developed by the City and the Grantee, which will provide that any City payment to the Grantee in an extension of this franchise, will be reduced, continued or eliminated in accordance with the policy stated in Section Thirteen (a) , above. Ordinance No. 1494 - Page four SECTION FOURTEEN: The granting of this franchise is condi- tional upon the Grantee' s filing with the City Clerk, within ten (ld) days after the ordinance granting the franchise becomes effective, of a written acceptance thereof and agreement to comply with the terms and conditions herein set forth. SECTION FIFTEEN: (a) Whenever in this ordinance any right or power is conferred upon, or duty imposed upon the City, such right and power shall inure to and be exercised by, and such duty shall be imposed upon the City Council . (b) This franchise shall not constitute an exclusive grant of any right to conduct passenger carrying (bus) services within the City. SECTION SIXTEEN: This ordinance is declared to be an emer- gency measure for the preservation of the public health and safe- ty in accordance with the provisions of the Government Code of the State of California. This ordinance shall take effect imme- diately upon its adoption. SECTION SEVENTEEN: The City Clerk shall certify to the adop- tion of this ordinance and cause it to be published once in the Redlands Daily Facts . ATTEST: Z, �'or of the City o�Redl,��ds Ci erk APPROVED FOR FORM: City Attorney I, Peggy A. Moseley, City Clerk of the City of Redlands, hereby certify that the foregoing ordinance was adopted by the City Council of the City of Redlands at a regular meeting thereof held on the 5th day of July, 1972, by the following vote: AYES: Councilmen DeMirjyn, Knudsen, Miller, Sewall, Mayor Cummings NOES: None ABSENT: None Ci rk Ordinance No. 1494 - Page five i