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_?.awyr4 1 1 I 1 I' ? .. , [t is
E?13 OIU)I:TIATTC3 G:.t?II TNG 10 :iall''i%`' 7.!,G, HIS .SUCUEI:•.3r10113 AND ASSIGNS.
A MAN HIS!,; [1Q 0111t_1i1:, !. ;'OIOI? ,Sliti;3'II (..fs1t DUOS LITIla OV111 'T
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;t;:;`20 AND I,.V'::Iui bi OF THl CITY OF CDOAH",A'i',li, I'L01iIDll, AND
E.,1131iAGINc3 '1'1-iL '1'lll;r:S IM R? OVISIONS OF UAID ittA11CHISEff t
BE IT 011DAIIdED 13Y TIM CITY COL",-IISSION OF `l'ITE CITY OF GLE-AW,'I'ATM,
F'LOFi
' Section 1. That a franchise be and the wino is hoi?ob?r -
,•
mranteri to Robert berg.,' his successors and assians,for Une use'%;
of cart ain of the streets and avenues of the City of Clearwater,
pinellas County. Flori.rxno, said streets and avenues to be desig- <.
. : nated, as hereinafter pr ovVed, by the City Coirmi ssion, for the
purpose of operating; upon and over said streets and avenues a
riotor stroot car buss line, or lines, for the carrying of assengera
° ,,`• •,. for hire in, tizoug;h, and about the City of Cleart`rnter, upon the
terms and conditions hereina-Cter nr ?.? 1
o is ed.
• r SS
Section w, That t;ie said itobc?rt 13
erg, his quccessors
and assigns,' shall have the ri-ht anal privilege of operating upon
'' .:r!,.',;•I.,, v ',': ''? and over the, street's air? avenues of said City :rltiiah niay-be resig;--
` nn,ed as herein prov-1dod., wich rotor street rnr buss lines for a
t.)rejtty-fLVt3 (25) years i'roni and after the date of the
passarre of this ordinance, provided that the laic '_iobert Bergj,
his successors and assigns, shall within ninety (00) dray s from
the. passage of this ox di.nance, begin and continue for the life of
this rranc?'lise the o err>tion of at least t• ?.
I? two
(2) motor street car s
.{'' '+ ['le'Yr y:.' ^1'`?'?.;,•,".,••.''., j`? butises on a refmlurily tk:uinta.i.ned schedule of
.:_><:•,??,.. ;?.?:[.- ;..E ?..: -;r; not less than one ..
trip through the City each hour, bng?inndng not later than seven ;
. (7) o'clock A.M. and eadi.na nor earlier than eight '(8) o'clock
P.1A and thereafter as the conditions of assnrflr tr?.ff
p u; is may
warrant, !,Jill r?reratecl nthgr motor street car busses on such
S,l..sf§°.T 1?'y,i?s+?'`??•?;..:y'rr'' ?r:`.. .'y\° f ' 6.. .,
'??3?'?A•,;,r,R k.??; I'.:-Ci: ,, 1?. '. 4 ?• 1k'' lu , `7 •, .?,' -, ,,,, ;w..r =`?j; z^' additio4al route or routes as may be dexighn.ted in the manner
hereina3`ter' provi'dod,
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't?, `,_ rj. r L T V? .?5'?- Y'om' ? 1 •r?,'' i', `ryr.'?. 1?°r: 5•? ?:?F ?. i:.
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Soct.ion 3. That the motor :street car busons oporated under this
franchise shall bo of tho automotive type, oqu.tripod with pnaurrrati0
t;ivon rind not running upon a track. Said busoos and the equipment ,
r
thoroof oporated under this franchise shrill
be of ups-dato type,
shall, have n enrr,ying capacit:r of not less than ninotron (19)
seated passniy;ers and one (1) operator rind shall be kept in good
repair at all Limos, the City reserving at t
all times the right to
regulate the weight. character and type of the busses and equipr-
ment operated under this franchise.
` Section 4. That no more than the stun of ten cents (10?)
i• 6r '' #"0
?'i., d':. a.?rr3 tlti,29i„'?fsF,J?•,-s :?l''A".i-1`,"•'
.:t •.`?i r: •yJ3 ?-;t`[ :.,'fr s".5?.. -r t.??-J??.F`.4,.?M
n
shall. be charged for each passenger for one bray passage over
any one route established t1u.ough the City,providdd that an
additional chat e of five cents (5?) may be charged for each
transfer from one route to another: provided further that in the
event a toll is charged across any bridge or route by the
owners of such bridfre or route. said toll shall be additional to ?l
the fare herein provided.
Section 5. All police officers in uniform and all United
States mail carriers in uniform and all fireman having: a badge.
the City Manager, Sanitary Inspector and Building Inspector of
the City of Clearwater, while on d?nty only, shall be carried
on said busses free of charge.
Section 6. The holder of this franchise shall be subject
to all reasonable rules and regulations of the City of Clearwater
which may hereafter be inacted for the benefit of the public, and
the Citv shall have the right to pass such reasonable rules and
regulations governing the uses of said busses and the operation
thereof upon the streets and avenues of said City, as s hall be deemed fit and proper.
Section 7 The equipment of the holder of this franchise
shall be subject to such ad valorem or occupational taxes as may
be hereafter reasonably imposed.
Section 8. Provided that when any route has been desig-
-,nated.as last above provided, then so long as motor street car
"?., ?°?.rrto e
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r? 498
.. , war r
}
buasea shall be operated thoroon under a regularly maintained
y schedule, the same shall romnin a fixed route for the remainder
of the life of this franchise, unless sooner abolished by mutual
consent of the holdor of this franchise and the City Commission.
-or duly enacted ordinance or resolution of the City Commission.
j
Section 0. The rates charged fox, the services herein
provided shall at all titres be under the supervision, direction i
and controls of 1-.11e City Conmtiissian. and no iaate shall be in
effect unless the samB is approved by the said City Commission:
provided that the rater allovied shall be sufficient to insure a
reasonable return on the investment: and provided that the rates
set out in Section N shall be construed as the maximum rates.
Section 10, That the City of Clearwater, or its successors,
shall have the right to terminate this franchise upon the purchas-
ing of the property and property rights of the holder of this
franchise, as well as the extensions thereof within the City used
in, or useful in. or connected with such utility and the extensions
holder of the franchise .and the
thereof within the City at a price to be agreed to by Chef City, and
in the event the said holder and the said City can not agree upon
to
the priN,- be paid, the game shall be determined by arbitration.
The said City shall be entitled to name one arbitrator,the holder
of the franchise shall be entitled to name one arbitrator, and
the arbitrators so named shall select a third. and a.determination
` of the majority of said arbitration shall be final and conclusive:
provided that nothing in this ordinance shall prevent the City
from acquiting said property by condomnation proceedings, or in
: any other lawful manner, and such methods of acquisition shall
be alternative to the board of purchase and arbitration reserved
herein. In the event of the purchase or acquisition of said pro--
. ;? - . .. •
;z perty by the Citv,all grants or'renewals of this ordinance shall
;= e£l at once terminate.
rr
Section 11. This grant or franchise or any renewal
thereof shall not be leased, assigned or otherwise alienated
N with. the. express consent of the City nm
?' mission.
except
y. vw. i {J W ?: ?Rt`5}'4?•%k J._ 'i `'+''?[YS"::<::'r:;li{i';t 1'''i,•'J"f 3.{.'
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Sect-ion. 12. Upon the annexation of any torritory to the pronent
i
City of Clearwater, that portion of the rights or Ir oportioa of,
the holder of this franchise which may be Ibcatod within the
annexed territory and upon tho streets, avonuos and public '
grounds thereof, shall bo t;hoveafter subject to the.terms of
s
this grant. as though it were an extension made hereunder.
Section 13. That no route or stopping place fora
I
direct line or connecting line for the regular rcheduAe running
thereon of motor street car busses shall be established by the
holder of the franchise granted by this ordinance, unless the
same shall first have the approval of the City Manager and Chief
of poli.cg6f the City of tho City of Clearwater: and in the event
that the holder of this franchise shall at any time feel aggrie-
ved at the ruling of said City Manager and Chief of Police upon
any route desired to be established,or stopping place. then he
shall be po:,riitte46o bring the question before the City Commiss-
ioners of the City, who shall have the power to determine whether
said route, or stopping place, shall be established or not estab-':s
lished.
Section 14. The holder of this franehise.his successors
and assigns. shall forever save the Citv harmless from all
• damagesbccasioned. by the operation of said busses. and shall
without expense t^ the city immediately repair and replace all
deunage.,to the streets, avenues or other property of the City
which may be occasioned exclusively by the operation of said
r busses,
f
Section 15. The City of Clearwater reserves 'all rights
and authority and all powers provided in its charter relating
to the granting, regulations and forfeiture of franchises
under its charter, and nothing heroin contained shall in any way
a bridge or m6dify such rights, authority and powers, and the }
11fj"9}'° holder of the franchise granted horounger hereby obligates and
firmly binds himself, his successors an
t,,=?YF:F.'<e d assigns, to comply
with the term
?•y;s, -'f; s and conditions of the charter of the City of
t?:' •%,?:`,T{j??arE,":Yr;;?'?s:,.:.: •,.. 4 .? .?.'. ,?' =,.`,
'? ? J 4?+Liri'. cif ?• qyt.°: ?? .? 5! ? i? ?•c: ?i:
.?'. ji
??.. ?{ ??? "?` ?+.13`'?.F. «F? `Ifs.- '.i. •t _ .•'j i?f.
i ..k?? ,'? ..?,L? r[Gt'ii'? . °ji;,;r .i'? y ?}S':y, ?j6.YA?••??';Y~..ii.? ' ,s ? + r' .. F• I .. e - ?+,' 1 .°,.
?F? ";. fir.,-af;, f' ."?!{iA, JK: .?i;?•:u:ti- t' ,i`: t
of Cloarviator, and the terms of this franchise shall be aub ject to
.s
1
4
3
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,
all reasonc.blo rules and regulations of said City.
Section 16 . In the event the said =,obert Berg. his
successors and assigns shall at any tinic hereafter fail to keep
in operation the motor street car buss line, as heroin provided
for a period of thirty (30) successive days.and shall fail to
comply with the terms and conditions of this grant then this fran-
chise shall ab the option of the City be forfited, and all rights
and privileges herein granted shall cease and terminate and in the
event the said grantee shell rail to have said busses in operation,
.as-herein provided. this franchise shall ',cease.
Section 17. 'slhen this franchise shall have been in oper-
ation for a period of one year, the holder hereof shall pay unto
the City two per cent (21") of its gross receipts for the operation
of said street car busses in said City only for each yeah thereafter,
for the use of the streets and: avenues of said City, for the
ordinary wear of same by the operation of said busses. and the
holders hereof shall pay the said 2 of said gross receipts
monthly to the City, and* furnish the City shorn statement of its
gross receipts with their monthly reriittanee. The holder of this
this
franchise. and his successors by accepting; /.i•.1;;Vant. does firmly
bind himself and his successors to pay the said 2;<; monthly as
herein provided.
Section 18. This ordinance shall take affect imm6diately
upon its passage. provided if srune is not accepted by grantee
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within 20 day s after passag e it shall be void.
passed by the City Comniission.thi.s 26th day of Oct,,1925. J
Frank J.13ooth '
3 ray or Commissioner.
Attested by
J. M.Gilmore
C ty Aud t or aiad CC 1erk.
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