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HomeMy WebLinkAboutOrdinances_1535_CCv0001.pdf ORDINANCE NO. 1535 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 UPONITHE STREETS OF THE CITY OF REDLANDS AND RESCINDING ORDINANCE NO. 1494 THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS FOL- LOWS: SECTION ONE: A franchise is hereby granted to Roscoe Deaton, hereinafter sometimes referred to as `Grantee, to operate author- 4zed passenger carrying vehicles (bus) over, upon, ar4a 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 frandhise shall be for the period of twelve (12) months, unless sooner terminated, and shall be stab feet to the right of the City to terminate or alter or amend said franchise at any time as '.h-ereinafrer provided, SECTION THREE: If the Grantee shall at any tire fail to com- ply with or fulfill t'ne terms or conditions of this franchise, the City Council may by ordinance revoke this franchise. 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 t'he 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 mai-ntained in accordan--e with the laws of the State of California, and the ordinances of the City, SECTION FIVE-. "he 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 the 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 c-,Iha_racter, routes, extent, quality and standards of- tii.e passenger carrying bus serv- ice. Minor route changes may, be 1---,ade ty minute action of the City council4 (b) TO fix rates of fares Charged pa8senger' 8, and to Make orders respecting the same (c) To prescribe suc-rl ot'_-er rules and reg_.lations as May be necessary to facilitate the ser vice 'Zo be rerde.red to the PUb-L-1c under this franchise. SE-CTION SEVEN. Tbe Grantee 1' s respor,8�;b_le operators Of th-e passe,- ger carryi.-.g vehi_-_,;e6 (1-us) SI�all, at all + be q,Ual-ifled and Possess a Class 11 daver'' s lizense p . ad t to th.e req_ .rements of the Vehicle Code of ---.he State of Cali-.11;-ornia, SECTION EIGHT: Neither -,,-,his franchise, nor an-, niterest there:n, s' all be sold, assigned or disposed of, IT-her bj nerger or consolidation, or otherw]-se, witho-t the co sent of the C-Ity expressed in writi,'�1cj, SECTION N-�'NE. 7'�e exp ress'lly .re-ernethe right to modify, ame :d, or elim_`L,-_ate any of t1E-e- provisions of -ch'i-s frac 3e d_ , life o purposes, to wit: f t-b -e sa.-me, for t'.�.e following (a) To e I_1 m i wzlete from -he same- such tions as p-rove Obsolete Condi- (-b 11 To impose sudn addit-onal condit-Lo-15 1)pon the Grantee as may -'--e Just and reasonable, su,--h conditions to be those as may be deemed necessary for the purpose of ins-,_irinq adequate servi-ce to the publ:i,_. SECTION Ta : In the interest of '7 7r safety and welfare, the Grantee shall not operate Carr­-Ang vehicle (bus) uless and unt.4.1 follow-` - I r.9 olnd ti ozil s have been ,a) On`'Y ve-- y icles approved be Califo—ia Hzg:,,j,,way - Wi Patrol (Motor carrier operation Secti on-11 11 be used (b) Eac`Y vehdcle should have Lne fol-lovti-- pmerat or faci-lity: J-1 _�q ecya 1. Proper seating for passenger capacit,-T. 2 .. An ernerger cy door, so marked on, the ins .de, provided at the rear of the b, so door Ordinance No. 1535 Page two must be capable of being opened by anyone inside the bus. A warning device must 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 tte driveshaft, (For example, the universal joint and the differential. ) 6. The exhaust pipe system must t�rm .,.aate 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 '--is work, includ-- ing t7he '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 Li4 ability. . . . $100, C00 each person Bodily injury Liability. . . .$300,000 each occurrence Property Damage. . . . . . . .. . . . .$ 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 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, 1535 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 t.-.-.,e event the existing franchise holder fails to provide such minim,..m requirements or fails to abide by any term of this franchise, the City shall upon such determination notlify the Grantee in writi��g and the Grantee shall have ten days to increase service to 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 casli 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) SECTIONTHIRTEEN: (a) To promote the public interest in the establishment and operation of an efficient passenger carry- ing service (bus) t,-h�e City of Redlands s-hall provide the follow. ing ollow- ing assistance to Grantee: 10 To pay $815 .00 per month to Gra tee monthly. Cost of gasoline and oil supplied by City (Par. (2) helow) , will be deducted from this payment. 2� To supply gasoline and oil from the C"ity'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 t'-fte Grantee in an extension of this franchise, will be reduced, continued or eliminated in accordance with the policy stated in Section TZAirteen (a) , above. Ordinance No. 1535 Page four SECTION FOURTEEN: The granting of this franchise is condi- tional upon the Grantee ' s filing with. the City Clerk, within ten (10) 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. (c) This franchise may be terminated upon mutual con- sent of the Grantee and the City. SECTION SIXTEEN: This ordinance shall be in force and take effect as provided by law, SECTION SEVENTEEN: T'he City Clerk shall certify to the adop- tion of this ordinance and cause it to be published once in the Redlands Daily Facts, ATTEST: or of the City of Re+ lands Ci erk APPROVED FOR FORM: (�—7TTC 3--,4--46-- City Attorne 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 4th day of june, 1974, by the following vote: AYES: Councilmembers Miller, DeMirjyn, Knudsen, Grace, Mayor Cummings NOES: None ABSENT: None Cit ark Ordinance No. 1535 Page five