04/20/1942
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THE MDroTES OF THE CITY COMlUSSION OF THE CITY OF CLEARWATER, FLORIDA:
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The City Comrndssion o~ the Cl~ ot C~ea~vater, Flor.lda met in
regular session in the Auditorium. of the City Hall at 7:30 P. M. April
20th, 1942. The following members were present:
Jesse G. Smith-Comnassloner
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Dan L. Stou tamireTCommi Bsloner
D. C. Smith-Commlast oner
Absent:
Geo. R. Senvy..Mayor COIlU11isEJioner
Sumn~r R. LoweTComm1ssioner
.
Moveu by Mr. ~toutamire, seaonded by D. C. Sndth and oarried
that ~esse G. Smith be elected actin~ Mayor-Conmissioner.
The minutes of the t~o previous meetings were approvud as read.
City Mana~er Hendrix now opened and read to the Board bids on
a rour door Sedan to be used by the Folice Depar~ent. Moved by Mr.
Stoutamire. seconded by.D. G. Smith and carried that the offer of Thaye~
Motor Company, Inc. be accepted. Below is set out suoh acoepted bid and
all other bids before the Commission:
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THAYER MOTOH COMPANY, INC.
Olearwater, Fla.
April 17, 1942
To Board or City Commissioners
City of Clearwater
Attention: F. L. Hend~ix. Cit,y Manager
Dear Sirs:
We beg'to submit the following bid f'or a new 1942 Plymouth
4dr Special.Deluxe Sedan, equipped as follows:
4 - 600x16 tires
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4 - Double aoting hydraullc'shock absorbers
Oil bath air cleaner
Hyuraulic Brakes
Delivered in Clearwater (Federal Exoise tax deducted)
Trade in allowance on 1940 Ford Sedan
$1155.00
406.00
,\/e w111 accept. a oradi t o:f $500.00 in C1 ty Taxes
$ 749.00
500.00
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Net Balance
$ 249.00
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Very T~uly Yours,
Thayer Motor <':ompany, Inc.
By
M. B. Thayer
Pres.
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LaBOON & DANIELS
Clearwatel', Fla.
, April 20, 1942
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Hon. F. L. Hendrix
City Manager
Clearwater, Fla.
We beg to submit the following bid on a 1942 Plymouth Special Deluxe
Four Door Seden.
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Prl oe delivered in Clearwater
Less tradein 1940 Ford Sedan
Balance due.
$1150.00
400 .00
~ 750.00
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Thank B
By Harry LaBoon
Laboon & Daniels
April 20,1942
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KENNEDY AND STRICKLAND
Cle~rwater, Florida
Mr. F. L. Hendrix, City Manager
City of Clearwater,
Clearwater, Fla.
Dear Sir:-
In response to your letter o~ April 7th we iuota a new 1942
Ford Deluxe ~ Door Sedan for use by Police Department as follows: '
One 90 HP Ford va Deluxe 4 Door Sedan
Trade 1n Credit ~or used 1940 Ford
va 4 Door Sedan
Net dif'ference
$1040.00
300 . Q.Q....
740.00
Yours very truly,
KENNEDY AND STRICI~D
By G. L. Kennedy
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HOVEY BROTHERS
Clearwater, Fla.
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April 10, 1942
." '--~"Mr~ F. L. Hendrix, City Manager,
",:Cityof Clearwater, Florida.
Dear Mr. Hendrix:
We thani you very-much ror your invitation to bid on a new
oar extended by your letter of the 7th.
We regret that at this time we are unable to bid. Our Nash
cars are tied up by the United States Government and our Paokard oars,
we know, are out of the price range for what you want as a oar for this
purpose, police usee
Wben times get back to normal, we shall appreoiate your again
giVing us a chanoe to bid on such eqUipment.
Yours very t~~ly,
HOVEY BROS.
Leon P. Hovey
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Mr. Hendrix now opened and read to the Board bids on
1ubrioating Oil tor the period May 1st, 1942 t~ April 30th, 1943.
The follo~1n~ Companies submdtted bids: Texas Company, Uulf 011
Corporatioll, Amerioan Oil Company, St~ndard Oil Company, Orange
state Oil Company, Seaboard Oil Company, Shell Oil Company,
SinClair Refining Company.
Moved by Mr. Stoutamire, seoonded by D. Q. Smith and
oarrled that the oontl'aot for lubricating oil. be awarded to the
Standard Oil Company. Below is set out such acoepted bid: .
STANDARD OIL COMPhNY
~acksonville, Florida
,,April 6,1942'
City of Clearwater
Clearwater, ~lorida
Attn: Mr. F. L. llendrix, City ~anager
Gentlemen:
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Referring to your letter of Aprll 2, requesting bid on a year's
supply of ~ubricating oil and grease for the City of qlearwate~.
We are pleased to quote you as follows:
Essolube Motor Oil SAE 20, 30, and 50
Standard Transmission Oil SAE 90 and 140
Standard Pressure Gun Grease, 100# drum
Standard Universal Grease. 25# cans
Arctio Cup Grease Nos. 2 alld 3. 25# oans
$ .42 gal
.42 "
.0863~ lb.
(each) 3.21
" 2.25
We trust you oan see your way clear to ravoring us wltn this
business during the enSUing year.
Yours very truly,
JAS. F . EARLEY, D. M.
BY D. G. Hubert
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P.s. ,The prices quoted on Essolube Motor ql1 and Standard Transmission
011 are for delivery in barrels to remain the property of the Seller.
City Manager Hendrix now presented to the Board an agreement
to be 'entered into between the Atlantio Coaso Line Railroad Company,
of the first part and the City of Clearwater, party of the seoond part.
This agreem.ent being relative to laying a two inch gas p4:pe line under,
~the right-or-way on North side of Wilson Boulevard, ,Dunedin. Florida.
MOved by M~. Stoutwmire, seconded by D. G., SmIth and oarried that the
Agreement be approved and that the fo~lowing resolution be adopted.
n E SOL UT I ON
Be it resolved by the Ci~y Commissioners of the City of
Clearwater, Florida in meeting assembled, .that the Mayor-Commissioner
~be, and he hereby is, aU,~horized to enter into an agreement ,with the
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ATLANTIC' COAST' .LINE RAILROAD COMPANY, and to sign same on behalf ,ot. .
said city, 'Whereby tile said Railroad Company gives an<l:;g~aI\t,B unto t~~,
... ~sald ,(Jity the ri8ht and 'pl"flv,11eseto le.yand' malnta:~n,:.tor \ 'tine purpose
J)~;OondUc1i,ing gas .'., ,8~.line"of; 2-inoh ga.lvanized, l'r,on:;1jJ;pe across ;the.
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right or way and underneath the main traok of said Railroad Company
at Clearwater, Florida, at a point 2039 feet southwardly, measured
along the center line or said track, from mile post 130, (from Sanford);
as more particularly described in said agreement, which agreement is
dated April 6, 1942.
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Moved by B. C. Smith, seoonded by Mr. Stoutamire and oarried
that a transfer of $10,000.00 from Gas & Water ~und to General Fund
be approved. .
01 ty Attorney Ralph Hi ohnrds novl read an Ordinanoe to be
known as Ordinance No. 487 cover~ng the licensing of Pin Ball
machines and other amusement devices; Moved by Mr. Stout~ire, 'seconded
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by D. C. Smith and carried that Ordinance No. 487 be passed on its
first reading. Moved by Mr. Stouta~ire, seconded by Mr. D. C. Smith
and carried that Ordinance No. 487 be passed on its second reading.
Moved by ~r. Stoutamire, seconded by Mr. D. C. Smith and carried
that Ordinance No. 487 be passed on its third and final reading.
Below is set out such Ordinance No. 487
. ORDINANCE NO. 487
AN ORDINANOE PR0VIDING FOR THE LICENSING, REGISTRATION
AND REGULATION OF ALL PERSONS, FIRMS AND CORPORATIONS
ENGAGED IN CERTAIN BUSINESSES, OCCUPATIONS OR PROFFESSIONS
IN THE CITY OF CLEARWATER; FIXING TIrE LIOENSE: TAXES FOR
SUCH BUSINESSES, OCCUPATIONS OR PROFESSIONS; PROVIDING
TERMS UNDER 'WHICH SUCH LICENSES Mi\.Y BE OBTAINED; REGU-
LATING THE CARRYING ON OF SUCH BUSINESSES, PROFESSIONS
OR OCCUPATIONS UNDER SUCH LICENSES, AND AMENDING SUCH
OTHER ORDINANCE IN CONFLICT HEHEV/ITH; PROVIDING FOR
PERMITS AND PROVIDING FOR TERMS UNDER Will CR SUCH PERMITS
AND LICENSES MAY BE OBTAINED; REGULATnlG THE CARRYING ON
OF SUCH BUSINESSES, PROFESSIONS OR OCCUPATIONS UNDER SDCH.
LICENSES' AND PERMITS, AND PROVIDING A PENALTY FOR THE
VIOLATION OF THIS ORDINANCE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLURW'ATER, FLORIDA:
SECTION I: The following words and phrases where used in this
Ordinance shall for the purpose of this Ordinance have the meanings
respeotively ascribed to them in this section:
(a) An op~rator is one who owns, leases, manages' or controls,
for the use of the publio, ant of the machines or contrivances herein-
after desoribed in this Ordinance. An operator also is to embrace any
person who for a percentage of the funds derived from the public use
of the machines or contrivances hereinafter described, or for any rent
or other consideration permits the use directly or indireotly of the
said maohines or contrivanaes. '
(b) A looation is the place where any of the maohines or con-
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"t~ij'?};X . ....trivanoes hereinaSter desoribed in this Ordinanoe are looated tor the
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~%t;j#ii~~1\\i~!;;::;"!,:}:;'f"<'>'C .. " (;0 ); ',Jl1he . 'puase"ooin . operated ~tlSllDlentdevioes or BllD/es" sllall
',!,;\:i~;[::J~>;;:;:;~:{:,:,'. ;not, ~1'noludtPbona,;1'ide,vending maohlnes'in Vlhioh are ,not inoorporated any
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gam.in.,J or amusement features, nor shall it inolude 8Df;,'oo1n operated
musio boxes commonly known as Juke organs.
(d) A person shall include any firm, assooiation or co~pornt1on.
SECTION II: It shall be unlawful for any operator to own,
operate, manage, lease or control in the City' of Clearwater any coin
or token operated amusement machine, device or games until a permit has
been reoeived from the City :Manager, and also unt11 said operator has
paid to the City of Clearwater an ocoupational lioense ta~ or $200.00
per year, providing however, that'the oocupational lioense tax from the
passage of this OrQinance unt11 October 1st, A. D. 1942 shall be $lOO~OO.
Provided, however, thct ~hen an operator uuns not more than one suoh
maohine,and such machine is used exolusively at one location o~ned or
leased by suoh op~rator, the occupational license tax shall be $25.00
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per year.
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SECTION III: . Before the 1 ssuance of any .permi t . required' in.
Section II hereof, the City ~anager shall determine that the operator
applying for the said pennit has not been a party to the maintenance of
any nuisance, directly or indirectly, in the City 'of Clearwater for the
preceding two years prior to the date of the application for the sAid
license. The City tManaf,er may refuse a permit if the operator applying
has been convioted of a felony, involvinb mora~ turpitude, either in the
State of Florida or elsewhere.
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SECTION IV: In event o~ non-payment of the occupational lioense
tax herein provided, the 6ity Clerk is authorized to .seize'said machine
for suoh'non-payment, in whioh event there sha11 be_~dd~d,,~harged and
colleoted by the City of Clearwater, an additional sum in the amount of.
:~en Dollars ($10.00) for storage and hauling chargeS for each machine
so seized, arid suoh machine shall not be released or returned until and
unless the operator has paid to the City of Clearwater the license ree '
and the Ten Dollars ($10.00) storage and hauling charge.
That the City Clerk of the City of Clearwater is hereby
.' authorized and direoted', in all Oases where there has been a seizure made
for the non-payment of the ocoupational licens~. t~~.for the maohines
desoribed in Seotion ;rI..hereof', to. noti'y the owner or owners, where
possible, of the said ~chin~s that same are being retained under the
provisions of the Ordiances of the City of Clearwater, and shall, during
the period of thir~ days from date of said seizure, permit the owner
or owners,to.regai~.poss~ssion thereof by proof ot ownership and the
payment of all charges connected rith the seizure and storage of the
machines.
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That after the expiration of said thLrty days' (3.0) 'i)er!od'~he ~lty
Clerk shall sell any such maohines not claimed or meduced to possession
by the o.wner or owners thereot at public sale atter ten days' notioe
1n writing to the owner if' b* oan be found, and by advertisement in..one
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That out of the prooeeds of the sale 06 any suoh maohine, all
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issue of a newspaper or genera~ oirculation in the Oi~ of Cleerwater, ,
Florida.
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oosts and storage shall be fIrst paid, and any balance remaining shall
be reteined by the City of Clearwater in a fund in possession of daid
City, ror a period of six months in order to enable the owner or owners
of said machines to prove ownership of said maohines so sold, and when
suoh.ownership is proven, such surplus fund shall be paid to the owner.
Arter the expiration of six'months, as in the paragraph next
preoeding provided any sums arising from the sales of the said machines
in accordance with the provisions of this Ordinance, if unclaimed ,by the
general funds of the Oity of Olearwater.
SECTION V: Nothing herein contained ~hall allow the owner or
operator of any maohines, mechanically operated, to ~amble witij or allow
8~1.d JilaahLJie'~t9 tba .:iOp!3ra''\ied as a gambline device.:
SECTION VI: All laws and parts or laws in oonfliot with 'the
provision or this Ordinanoe are hereby repealed.
SECTION VII: If any part or parts of this ~rdinanoe are for
any reason held to be invalid, suoh decision shall not affect the
vAlidity of the remaining portions of this Ordinanoe.
SECTIO~ VIII: This Ordinanoe is hereby declared to be a
neoessary measure on the ground of urgent,publlo need for the preser-
vation of 'peace, health, safety, convenience ai1d general welfare of the
Oit y . of Ole arwater.
SECTION IX: Every person convicted of a ,violation of any pro-
vision of this Ordinance shall be punished by a t'ine of not mor~.'than
$100.00, or by imprisonment in the City Jail,for not nlQre than sixty (60)
days, or by both such fine and imprisonment in the disoretion ot' ,the
Judge.
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water, Florida, this ~day of April
t .A. D. 1942.
:Passed on First reading: A~ril 20thJ 1942
Passed on Second reading: April 20th9 1942
Passed on Third reading: April 20th, 1942
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~'.', .~, Fl'8:nk Coo 1ay
. 'i..".'p},d1,'t'l' Aud-ft.or" &'Cle'rk
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Mr. M. F. Hall appeared before the Board ~nd submitted
sketohes a~d plans or three buses that might be used to haul
passengers in aooordanoe with a proposed bus franoluse. Mr. Hall
reported that he could seoure three New International all steel
Delivery T~oks that could be oonverted into satisfactory buses by
lengthening the body t whereby the s~ating cnpuei ty 'Would be ,sixteen.
all seats to be f'o~ard with the exception of two in front with an, ;'
aisle of fourteen inches. The seats to contain springs, cloth oovered
and be oomfortable; also that body springs would be used to provide
satisfactory riding com~ort.
Aoting-Mayor Jesse G. Smith suggested that any franohise,
granted should provide a bookkeeping system adequ~te to show gross
inyome and operating expense of the bus system.
City Attorney Ralph Richards now read to the Board a Bus
Franohise Ordinanoe to be known as Ordinance No. 488. Moved by D.
C. Smdth and, seoonded by A~. Stoutamir~ and carried that Ordinance
N,? 488 be passed on its first reading. Moved by D.. C. ~th,
seconded by Mr. Stoutwnire and car~ied that urdinance No. 488 be
passed on its seoond reading. Moved by~. Stoutamire. seconded by
D. C. Smith and ca~ried that Ordlnanee No. 488 be passed on its third
End rinal reading. Below is set out Ordinance No. 488.
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ORDIEANCE NO. 488
Secti on 1..
DEFINITIONS.
,}'HALL", whenever used in this ordinance shall be deemed, to
mean II. F. Hall, 'Ito whora is herein granted the franchise, authority,
right or pr!vileee to establi~h, maintain and operate a bus trans-
portation sys~em in the City of Clearwater, Florida, for the
transportation for hire of passengers.
"CITY", whenever used in this ordinance shall be deemed
,to mean the City of Clearwater, Florida, a municipal corporD:~iont
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and when used in referenoe to area shall include not only, .the pr.e~en1?i"
oorporate limits of said,CitY',,;b~t suoh oorporate limits as th.-e.:("may,:
.~e'hereafter.~.tendad. and such adjaoent terri~ory as ~y,' for the
purpose, o:r",thisordinanoe:.'"o.o~e under, th~jurisd1o~ion, of,~a1c1.' Clty{
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"'STREETS", whenever used in this ordlinanoe- shall' be deemed'
to mean and include all the public highways, streets, alleys,
bridges, public traveled areas and other public ways included 1n
the corporate limits of the City of Clearwater, Florida, as the
same now exists, and as they may be herelfter extended, together
with suoh adjacent territory as may, for the purpose of this
ordiranoe, come under the jurisdiction of said City.
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SECTIon II
NATURE OF GRANT
The authority, right and privilege is hereby Iranted to
M. F. Hall for and in consideration of, and subjeot to, the conditions,
agreemdnts and privileges hereinafter set forth, to establish, main-
tain and operate over and upon the streets of the City of Clearwater,
Florida, a motor bus transportation system for the transportation of
SECTION III
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passangers for hire for-a period of ten (10) years commencing on the
effeotive date of this ordinance. The commenoement of actural operation
of slid transportation system shall be not later than sixty days after
the effective date of this ordinance..
Regular motor bus transportation service pursuant to the'
grant aroreaa1d shall -be established, operated and regularly main-
tained over and upon definite routes in the 6ity eo as to adequately
serve the traveling public of the City as the public convenience
and necessity may require, and Hall and the City, prior to the commence-
ment of operations under this ordinance, shall agree as to the routes
over which said motor bus transportation service shall be established.
Hall shall establish new.,.!outes and. provide additional
equipment as the same may be needed in order to maintain sare, adequate
and efficient transportation service for the City, subject to the
provisions hereof.
Hall may, upon his o~n ~nit1atlN,e froll time to time, pro-
vide safe and reasonable experimental routes over which he may operate
his bus'transportation service for a period of time not to exceed
ninety (90) days upon ten (10) d,y's written notice given the ,Ci~y,
suoh notice to specify the route to be operated, the time of the
commencement and termination of such experimental service. If from
the experience of any such experimental operation, it is shown that
the operation over any ouch route 'or >>outes serves the 'public con-
ven1ende' and neoessity"of the,Citizens of the Uity 1n the "area affeoted,
and "that'; the oontinued operation over such route or routes will afford
, ..' '., :." a reasona.ble return to Hall, therefore, the operation ofsuoh route or
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.:;>:.;:,.:::i}%~ment-\modlti'oationor:alteration only aa:pr6vlde"dherein 1'n respect to'
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;!":r,.~ii~,,'\'" 'establi shed routes.
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The determination ot whether or not any suoh route
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or routes shall serve the publio oonvenienoe and neoessity of the
City in the area affeoted, and afford suoh a reasonable return to
Hall, will be made by the mutual consent of Hall and the City.
Any established route may be ohanged, modified or aband-
oned by mutual consent of the City Commission and Hall, and additional
established routes may from time to time be provided by like mutual
consent. Hall may ohange, modify or abandon any established route,
provided that a wrttten notioe of his intention to do so, suoh notice
to oontain a desoription of such proposed Change, modifioation or
6bandorument, shall be ,serv.ed by Hall on the City at least twenty-one
(21) days prior to the day on which sUQh change, modification or
abandonment ia proposed to be made effective, and pub~ished in a
newspaper regularly published and in general oiroulation in the City
once a ~eek for two oonsecutive weeks prior to said proposed effective
date. And such action as taken by Hall shall be valid, proper and
effeotive, and the City shall be presumed to have concurred therein,
unless the City Commission shall. after receipt of such notice and
prior to the,date on whioh said proposed change would be effeotive
notify Hall in ~riting that it disapproves of suoh proposed action.,
Hall sha1l.not be required to operate over any established route unless
all of the operations of Hall in the City shall afrord, or, show a
reasonable prospect or affording. a fair and reasonable returno~,the
cost or such operations.
rr the City and Hall cannot agree as to whether or not said
operations will at that time or within a reasonable period of tine
produoe a falr return upon the investment necessary for the
operation thereor, the same shall ba submitted to arbitration as
provided in Section XVII hereof, and the said Board or Arbitration
is mak1nglts rindings and decision of the question in dispute so
submi tted to taem:"for determination shall consider (1) the erfeot
that such operation has or may have upon th~ safety of the traveli~g
publio and the citizens of the locality affe~ted, (2) the nature
~nd condiuion of the streets of suoh route, (3) the efrect that
suoh operation- has upon the needs of the trave1inb publio anti the
loca1.ityof the City affected, and,(4-) the 1enE;th or time that Hall
has exeroised his rights and operated his business under this
franchise, giVing due weight to the probabi1.ity of .8 natural loss
to Kal1 from his operations during the initial years of this franchiae.
Hall may at any time provide for the transportation of
special oharter parties or exoursions between any two points 1n
the City without being required to follow such established route
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Seotion IV
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Separation of Raoes
-Hall shall make and enforce reasonable rules and regu-
lations providing for the segregation of the human race when more
than one raoe is transported on the same bus.
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Seotion V
Sohodules
Schedules of pperation shall be suoh as maybe required
to aocommodate the reasonable needs of the traveling public over
the respeotive routes established. Definite sbheddles shall be
agreed upon by Hall and the City, and may be changed at any ttme
by mutual Donsent.
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Section VI
Equipment
All buses to be operated under this grant and authority
shall be leept in good mechanioal order and attractive in appearanoe.
Hall shall at all times during the operation of said motor buses
transportation system under this franchise use sufficent number of
buses to oarry out its agreed schedules. All buses shall be properly
equipped w1th modern safety applianoes. If Hall desires to commenoe
regular operations on schedules be~ore buses are available, he may
tempo~a~11y operate private cars or taxi cabs in lieu of buses.
However, any private cars or taxi cabs so pperated shall be distinc-
tly marked to show that they are running on regular schedules in lieu
of buses, and the use of private cars and taxi cabs shall be discon-
tinued as soon as buses are availabl.e in sufficient number.
Fares
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Section VII
The fares to be oharged by Hall shall be uniform, just and
reasonable, and shall be such as will provide a f'e,1.r and r'easonable
return on' Hall's investment. All fares shall be sUbjeot to approval
and reBulat10n by the City~ and no schedules of fares ahall. be
ef'f'ective unti'! approved ,in writine; py the City Manager. However,
Hall may at any time by special agreement or contract provide ~or
the transportation or specia2 charter parties for excursions at
suoh rates and charges as he may deem advisable and without :the
approval' of' the 01 ty .
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{'\i .'. ..,' All police ofricers and :rlreman in uniform shall be fur-
nl$h.ed free transportation.
'SeDti on 'VIII
,.,.. Muil and Newspapers.
so desires, Hall may oarry mAil for the Government
';"~!}/~':~~~~~,(,J~,he:Un1 tedStates in and upon his buses, as well 8S newspapers
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"{~"~~~,~~.':~4e.l'1ve~~F1 i!itany point on his routes, but such delivery
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servioe shall in no ,wise,interfere with proper and adequate,,:
passenger servioe.
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SECTION IX
Stop Zones and Bus Stops "
The City shall permit the establishment of reasonable
stpp zones along the established routes of Hall, for the purpose
of enabling Hall to take on and disoharge passengers with safety
and dispatoh; such zones to be on the ri~ht of the course in whioh
buses of Hall are operated and'adjaoent to the street intersection
at the far end of the desibnated blocks. Any marking of such atop
zones shall be done by the City but an~ pedestal or other signs
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designating such stop zones or bus stops shall be made or erected
and maintained by Hall. The City wha11 prohibit oDher vehicles
from obstruotinG any stop zone or interfering with the operations
of Hall therein or at any bus stop. All regulations under this
seotion shall be under the absolute oontrol of the Cit,y.
SECTION X
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PRIVILEGE CHARGE.
For the privilege of operating the service provided herein,
Hall agrees to pay to the City a sum equal to one per cent (1%) of
his gross receipts derived from such operations, regardless of the
source of such reoeipts or for what service rendered, such charge to
be in 1iep of all other City taxes of whatsoever'kind or nature,
except that nothing herein shall be construed to prohibit the City
from levyinG any beneral ad valorum tax upon the property of Hall
not otherwise prohibited by law. The said charge shall be payable
on or before the 30th day of eaoh month for the previous month's
operations. Hall shall keep a speoia1 set of books showing all
revenues derived from operation of bus lines under this franchise,
and showing' aleol?.all e.penses incurred by him in the operation of
such bus lines. The City shall.have aocess to his books and
records at all times for the purpose of determining the gross
receipts and the charges to be paid the City thereon. The term "gross
receipts" shall include all revenue derived from Hall's operations
within the corporate limits of the City arid shall not be considered
to refer to any earnings by virtue of operations beyond the oity,
limits. In oomputing gross receipts, all reveue that originates in
: the Clty:,"'shall be oonsidered as derived from its operations, therein.-
Any revenues that orlginate outside the City shall not be oonsider~4.
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SECTION XI
Office
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~,~,\'j;~~!;~i;~:::EI,';li}~"~i~':;::';'~lf;~V~:i~;:';'/::X;:,i:.:;~;_;;the oontinuanoe of :this franohise, Hall shall keep an: ofri08 in' : ,':
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','!'lV ' ;"i't~f.:y:;ti:~'~;:?,~l1ie;,CltYr'o~ Cle'ElJ:'Water, b lor!da, and his books and reoords relating
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to gross receipts shall 'be kept in such offioe. Pr&viding further;,
that Hall will, upon ten (10) day's notice served upon him by the
city produoe for examination by the City any additional reoords
kept by Hall in any way dealing with bis bus operations in the City.
SECTION XII'
Damage to StDeets
Hall further agrees to promptly make payments to the City
tor all damages done or caused to the Streets and other property of
the City oaused by the operation of Hall's vehicles, reasonable
wear and tear excepted.
SECTION XIII
Protection
The City shall not compete with Hall in his operations'
hereunder and shall, insofar as its corporate powers exist, by,.
ordinance duly enacted, prohibit interferenoe and competition from
motor bus lines, jitney operations'and taxi cabs not operated trom
regular stands, or other competinb types of public transportation
which would tend to interfere with the eff~oient and economic ppwration
as:a whole of the transportation system herein provided ~or.
SECTION XIV
,Compliance with General Ordinances.
Hall'ln his operations shall be required to comply with all
general.ordinances of the Cit,y now in effect or hereafter adopted
tor the regulation and control of motor vehicle traffic.
SECTION XV
Notices .
. Whenever by terms of' this ordinance Botice is required or
permitted to be given either by the City or by Hall, it may be given by
registered mail addressed to, or by personal delivery at, .the offioe
of Hall ,in the' City of Clearwater, Florida, or the offica.of the
City Clerk in the City Hall, Clearwater, Florida, and tO,eaoh
}~~, City Commissioner at his business address, as the case may be.
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, ,.; 'Hall shall at the time of the commenoement of his operations
hereunder:and continuously during such operations:
, ,:'." 1. At his own expense, carry and maintain' insurance against
publio iiability and property damage with reasonable, and adequa~e:llmits
in.r>el!pDnslbl~ insurance oompani:eeauthorized,to transact business:
in the State 01' Florida, to be mutually agreed 'upon between Hall
"~:~i~)'l'< ~;a~d,the City; or if such insurance oannot be, obtai'ned by lIall or
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~'''>''':;:~';f~f:;:'i:;:~.;~~11~,~::\o()mpanl~8' :~ngage'd'H in s1mftla,r operatloDs in other cities of
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(a) With the consent of the City Commission of the City
furnish a surety 'bond in the form and with surety or sureties to be
approved by the said City Commission, conditioned to make prompt
payment of all claims for personal injuries or property damage oaused
by Hall's operations and for whioh Hull may be liab1e; or
(b) With the consent of the City Commissj,on of the City,
aot as a self-insurer against suoh hazards, in whioh event Hall sha~l
furnish the City satisfactory 817.J:dence of his ability to meet all
olaims for injuries to persoIls and property reasonably antioipated
in the ordinary course of business, for which he may be legally
liable.
SECTION XVII
Arbitration.
In the event the City and Hall shall be unable to agree in
respect to any matter arising hereunder, the subjeot of disagreement
,shall be teferred to a Board of Arbitration to be selected in the
following manner: The City shall select a person in no way con-
nected, wi th the government of the City and Hall shall sele ot a p'erson
in no way conneoted with him, and these two shall select a third
member in no way connedted with the govermaent of the City or with
Hall, such three (3) members to oompose the said Board of Arbitration.
It is hereby expressly agreed that the finding of. the said Board of
Arbitration shall be final upon all issues of fQct so submitted to
the Board and that the expenses of said arbitration, includinb the
expenses of the Board, shall be certified by it to both, parties and
shall be paid by Hall. Such expenses shall not include any'allowance
for fees for attorneys or experts for either par~y.
SECTION XVIII
I'
Forfeitures
The authority and privileges granted, hereunder shall at the
option of the City. be subject to for~elture upon the failure and
refusal of Hall to comply with any of the terms hereof, and shel\
partioularly be subject to forfeiture in the event that regular bus
service is not established within '{2,O) days 1'rom the effective
date of the fran~hise hereby granted, or in the event that regular
bus service under this franchise is discontinued for a periOd of
sixty (60) days or more. Pr~vided, however, that the City shall give
Hall not less than thirty (30) days' notice of its intention to exercise
its said option, such notice to specify the default complained of during
which t~e Hall shall be allowed to correot suoh default, in whioh
event no rort~iture may be declared.
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SECTION XIX
Option ~o Purohase
At the expiration of the term of this franohise, or upon
a forfeiture under the provisions' of the preoeding seotion, then
and thers'-1pon the City shall have the right to option to purohaso
all 9f Hall's epuipment and property used under or in oonneotion with
the franohise or right herein and hereby granted, or suoh part of
suoh equipment and property 'as the City'may desire to purohase; and
in the event that the City exeroises its option herein granted, then
the valuation of the property and equipment that the City desires to
purchase shall be fixed by arbitration as provided by law.
SECTION XX
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Indemnity
Hall shall hold the City harmless against any and a~l
liability, loss, oosts, damage or expense which may accure to the said
City by reason of the neglect, default or misconduct of Hall'in Conneot-
iQn with his rights hereunder. Nothing in this ordinanoe shall
be oonsidered to make the City liable for damages on a~oount of any,'
negligent act or ommssion or oommission by the servants, agents, or
employees of Hall during his pperation of his transportation servIoes,
either in respect to persons on with respect to any property damage
which may be sustained.
SECTION XXI
Aoceptanoe
This grant and authority is made upon the oondition that
Hall shall file with the City Clerk of the City of, Clearwater,
written notioe of the.aooeptanoe of the swme within thirty (30)
days after the effeotive date of the pas~age of this ordinanoe, and
when suoh notioe of aooeptanoe is filed, this ordinanoe and the
aoceptanoe shall eonstitute a contract between the City and Hall for
all the uses, servioes, and purposes set forth herein.
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SECTION Dr!"
Removal of Equipment upon Expiration
Upon the expiration of the. term of this franohise or
upon a.forfeiture thereOf as provided in Section XVIII or this or-
dinanoe, Hall agrees that he will promptly oease his operations under
this franchise and will promptly remove from the streets of the City
all~of his property and ~quipment unless the City shall exeroise the
option and'right reserved herein to purohase said property and
equipment as'hereinabove provided in Section XIX hereof.
SECTION' XXIII
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holding ot any seotion, or part thereof, to be unconstitutional, void,
illegal, inoperative, or contrary to the lwws of the State of Florida
for any reason shall no~affect any other section or part of this
ordinanoe, it being the express intention of the City Commission of
the City of Clearwater in passing this ordinanoe that each part,
section or provision hereof shall be given full force and effect
independent of any other part, section or provision.
SECTION XXIV
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Repeal
That all ordinances or parts of ordinances in conflict
herewith are to the exten~ of such oonflict hereby repealed.
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April 20th. 194~_
April 20th. 1942
April 20th. 1942
c~t~.
Mayor Commissioner
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SECTION zrrv
This ordinance shall take effect immediately upon its
passage and adoption of the City Commission of the City of Clearwater,
FJ.orida.
Passed on first reading
Passed on seoond reading
Passed on third reading
Attest:
Frank Cooley
01 ty Auditor & Ole rIc
The meeting now adjourned and Acting Mayor-Commissioner
Jesse G. Smith re~oonvened the Commdssion as a Tax Equalization Board
to hear any complaints on the 1942 Taa Assessment Roll. This being
the final meeting of the Equalization and there be no one present
to ,ppear before it the Board was adjourned.
There being no fUDther business to come before the
Commission the meeting was adjourned.
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