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04/20/1942� s s .. a � . ... � � . .. � . . . � � � . ... � . .. � � � �OS THE MINUTE� OF THE CITY COP�dISSION OF THE 'CITY OF CLEABVJA�R, FL(�RIDA: The City Cot�raissian ,oP the Cit� Qf Cleartvater, FloMda met in re�ular session in the �uditori;um of the City Hall at �:30 P. M. April 20th, 191�2. Z'he S;'ollowing membera �vere present: Jesae G. Smith-Commissioner Dan L. Stoutaraire;Commissioner , D. C, Smith-Commi3sioner _ . Absent: Geo. R. Seavy-PrIayor Conmissione�c � Sumner R. Zotve?Co� ssioner ,Move�l b�r Mr. Stoutamire, seconded by D. C, Smith �nd carried that Jasse G, Smith be elected acting �ayor-Cor�issio�er. The minutes of the-two previous meetings were anproved as read. C�ty IvIanager Hendrix now opened and read to the Board bids an a Pour door Sedan to be used by'the Police Department. Moved by Ldr. Stoutamire, seconded by•D.' C, Smitg and carried that the oPfer of Thayer Ivlotor Cc�spany, Inc. be accepted. Belowv is set out such aGcepted bid and s�ll other bic3s bsPore the Comraission: TIiAYER MOTOR C�i/fl?ANz', II3G, �learwater, Fla. Apr31 17 , 1942 To Board o� Ci'ty Commissioners City oP Cleerv�ater Attention: F. L. Hend�ix, Qity Manager Dear S:irs : " We he� �b submit ti�e followin� bid for a new 19t�2 Plvmouth l�dr Special Deluxe Sedan, ectuipned as Pollovrs: - • 4 - 600x16- tire� 4- DouUle acting hydraulie�shock absorbers Oil bath air cleaner Hyc}raulic Brakes ` ' Delivered in (�learwater (�'ederal I;xci se tag deduc�ed� :�1155.00 'Trade in allowanee on 19i�0 Ford Secian 1�06.00 ,1�Je. �11 acce t. a cradit of � 749'Q� P �500.00 in City Taxes 500,Q0 Net Balanae . . . � � 249.�0 Very Tru�'� Yours, . . Thayer Motor Gompany, Ine. , By M. B. Tha e�___ _ ---g-re s . . . � x<', -�`Q 9 LaB00N & DANTELS Clearwater, Fla. Apri1 20, 19k? Hon. F. y. Hendrix City Manager Clearvaeter, Fia. • Yle beg to submit the following bid on a 191�2 Plymouth Special Deluxe Four poor Sedan. Pri ce delivered in Clearwater �11�0.00 Less tradezn 194� Ford Sedan 400.00 BQlance due. p 750.00 Thai�ks � Zaboon Fc Daniels n L�y Harry S�aBoon �ENIdEDY AND STRICh'I�ND Cle�rwate�, Flarida �pril 20, ].942 �r. F. L. Hendrix, Cit3� bian.ager City oP �learvazter, Clearrvater, F1a. • Dear Sir�- In response to your lettor oi Apri1 7th we g�uote a new 19�.2 Ford Deluxe 4 Door Sedan for use by Pol�ce Department as Pollows: One 90 HP Ford V� Deluxe 1� �oor Sedan -� ,�1040,OU Trade in Credit for used 191�0 Ford Vg l� Door Sedan 300.'C10 Net difierence • 7�.p.Q� Yours very tr.uly, KENN�DY AND S^1RICI�WD By G. L. Kennedv _ H�VEY BROTHERS • Glearwrater, Fla. . . . . April 10, 1942' � �r. F. L. Hendrix, City D�iana�er, , City oi Cle arvaator, Floricla. De�r I�r. Hendrix: T�Ue thanis you ver;� much for your invitation to bid on a new car extended by your letter of the 7th. Vde r�gret that at this time we are unable to bid. Our Nash cars are tied up by the United States Gov�rnment and our Packard cars, vte know, are out oP the price range For wha� you want as a car Por this purpose, po3.ice use. VVhen times get back to norntal, we shall appreciate yaur a�ai.n giving us a ehance to bid on sucr equipment. Yours very t�uly, HOVEY 'BROS. Leon P. Hovey �� Mr. aendrix now opened an�1 re,ad to the Boafd bids an -� lubrfcating Oil f�r the period PQay ls�, 19/�2 thru April 30th, 1943• The fo�lowing Companies �ubmitted bidsc. Texas Compatty, Gulf Uil Corporetion, American Oil Company, Standard 0il Company, Orange , Ste.te Oi1 Company, Seaboard Oil Company, Shell Oil CoLnpany, Sinclair Refining Company. Movecl by Mr. St�otztarnire, seconded bY D. C. Smith and carrie.d that the cqntraet for lubricating ail be awarded to the Standard Oi1 Company. Below is set out such accepted bid: . $TANDARD OIL OO�E'ANY Jacl�sonville, rlorida � .�Pril 6, 19.42. City of C],earwater , Clearwater, =lorida " ` Attn: rQr. F. L. �endrix, City �?anager' Gen�l.emen � ' Referring to your letter of April 2, requesting�bid on a yearts supply qf 3�ubri.cati,ng oil and grease for the City of Clearwater-. V7e are pleased to quote you as Pollo�vs; ' Essolube �',Qotor Oil SAE 20, 30, and 50 - �.42 ga1 Standard Transnission oil SAE 90 and 14� - ,1,.2 n Standard Pressure Gun Grease, 10U� drum - .0863� lb, Standard Universal Grease, 25# cans - (each) 3,21 Aret.c `Cup Grease Nos. '2. aticl 3, 25# ca.ns - 1e 2.2:5 We trust you �sn see $�our way clear to Psvoiin� us wizYi �3iis business durin� the ensuing year. Yours very truly, . JAS. F. F�ARI��i',, D, _M. � �Y D. G. Hubert P.S, ,The.prices quoted on �ssolube Motor 0il and Stsndard Trensmission Oil are Por deliverv in barrels to remain the property of the Seller. City Manager Hendrix no�v presented to the Board an s�reement to be'entered into between the Atlantic Coas3� Line Railroad Com�aany, of th= first part and the Dity of Clearwater, party o� the second part. Tnis agreement being relative to laying a t��vo inch gae pspe line under ;t.he right-of-way on North,sida o� VJilson Boulevard,.�une3in, Florida. Moved by �r.. Stoutamire, seconded by D, C,, S�th and carried �that the , Agreement be approved and that the following resolution be adopted. RESOZU:TION: Be it rzsolved by tho City Commissionera af .the City nf Clearvlater, Florida in meetin� essembled, ,that the �rIayar-Comu�issione� �be, and he hereby is,: au.thori:zed to entar ixito an a�re�ment with the ATLAI3TIG COAST� LINE� �?AII�ROAD COMPANY, and to sigri same. on behali': o� � said City, whereby the said Railroad Gompany gives and:;g�ants unto_the said Gity t�e right.�nd. px�tvi7.ege to 1ay and maint�in „ for;the purpose of conducting �as, a�l,?ne of. 2-inch galvanized iron pipe aeross t�e _5"`ro 1 � , � �� t right of way and underneath the main. track of said Railroad Company at Claarwater, Florida, at a point zo39 feet sou:;iwardly, measured. along the center line of eaid track, froni mile post 1j0,(from Sanford); as more particuiarly described in said agreement, which a�reement is dctted Apri,l 6, 191�2. Moved by D. G. umith, seconded b� Mr. Stoutacuire and carrie�l thst a transfer of �10,0OO,OC froni Gas & ti1a.:�er �'und to GAneral Fund be approved. � ^ • City �ttorney Ralph Richards now read �n Urdinance to be known as Ordinance No. 4g7 coverin� the licensin� of Pin Ball machines and other amusement dsvices; Moved by Mr. Stoutanire, seconc!9d bs D. C. Smith and carried that Ordinance No. 4�7 be passed on its iirst reading. P�oved by �r. Stoutariire, seconded by N.ir, D. C. Smith and carried that Ordinance No. 4g7 be passed on its secend reaclin�. Moved by Mr. Stoutamire, seconded by Is4r. D. G. Smi�h and carr.ied that �rdinance No. 4g7 be passed on its third and final reading. Below is set out such Ordinaz�ce No. l�E3'] . • ORDINfiNC� N0. 487 AN OR�iNAId�E �'�OVIDING FQR TiiE LICENSING, RE^,ISTRATION r'1PTD REGUI,FITION '0�' ALZ PERSOPiS, I�'IRh'IS AND CORPORATT�ONS II�iGAGED IN CERTAIN BUSINESSES, O�CUP�TIONS OR PROFFESSIONS IN THE CIR'Y OF 'CLEARY�ATER; FIXIl`iG 1� LICENSE, TAXES FOFt SUCH BUSINESSES, OCCUPkTIOIvS OR PROFESSIONS; PROVID2IvG TERI�iS UP7D�R �"7FlICH STJCfI ZICENSES L�Y B�, OBTAIP�D; I3EGU- LATING THE C�RFcYII3G ON OF SUCH �USI�tESSES, PROFESSIONS OR QCCUPATIONS UNDER SUCH LIGIIJSLS, AI�D Ab��dD1NG SUCH OTHER ORDIN11NCr^, IN CONFI�IQT HEE�VJITH; PRUVIDING FQF PERrnITS AI�1D PROViDING FOR T�RMS UND�,R V�7�iICH SUCH �.�RMITS AN� LICENSES N1AY BE OB'PAINED; REGiTI,ATIlVG Z"rIE CARRYIIJG ON OF SUCH BUSINESSES, PROFESSIONS -0R aCCUPATIOPdS UND�R SIICH .. � I;ICENSES AND PERtJlITS, AND �ROVIDING A FEivALTY I`OF{ THE VIOLATION OF THIS ORDINANGE. BE IT ORDAINED SY Z'HE CITY-COMIvIISSION 0£' THE CTTY OF CZE�i,R1'�ATER, F,LOE2IDA: SECTION I: The Pbllowin� words and phrases where u.sed in this ardinance shall Por the purpose of this Ordinaace have the meanings respecti�ely ascribed to them in tY�is se:�tion: ' (a} An a�exatos� is one who ��ns, leases, manages�or controls, Por the use oi the public, an�* of- the machines or contrivanees herein= after described in this Ordinance. An'operatox also is to embrace any person who Por a percenta�e of the funds derived Prom the public use of the machines or contrivsnces hereinafter descz^ibed, or for any rent ox other consideration permits the use airectly or indirec�ly of the said machines or contrivan�ss. (bj A Toaation is the pl:ace wherQ any oP the machines or con- trivances hereinaiter described in this Ordinance are loca�ted Por the uae oP thE public. (c) The phrase °Tcoin operatod ciniusement devices or games" shall not inclizde oona ficie �rendin� machines in v�hi.ch are no� incorporated any � 0 garain� or amiisement features; nor sha).1 it include ang;� coin operated music boxes commonly knov�n as juke organs. , '(.d? A person.:shall include any firm, essociation or co�poration. SECTION II: It shall be iinlaivfuT Por any operator to,own, oPerate, manage, lease'or controT in the City'oP Clearwater any eoin or token.operated amu�ement machine, de�ice or games nntil a permit has been received from ths City �anager, and also until said operator has paid'to the City of Clearwater an occupational.license tay oY �200.00 per year, providing however, that'the occupai;ional license tax from tY�e p�:ssage oP this Ordivanoe until Uctc,b�r 1st, A. D. 1942 shall be �100�00. Frovicled, however, thet when an"operator r��ns not more than one such maehine,ax�d sueh machine is used eaclusively at one location ov�ned or leased by such ope�ator, the.-occupational license tax shall.be �25.b0 per year. . SECTIOrT �IIc : Before the issuanca oY . an�r.,permit required� iri Sect'ion ii hereoi, the Citf �'anager shall determine that the operator applying for the said permit has.not beer_ a partp to the maintenanes o� any nuisance, directly or indix�eetly, in the City•of Clearwater Par the preceding two years prior -to the�date of the apulication �'or the s�id I.icense. The City 1�anager may're�use a permit if th� operetar applyin� has baen convicted of a felong; involQin6 moral turpituda, either in the State of Florida or elservhere. SECTI02d N: In event of non-peyment of the occupational license tax herein provided, the 6ity Clerk is authorized to,seize said machirie for such'non-payment, in whi:ch even�t there shall be added, charged and collect�d by the `City'o� Glearwater, an additional sum in the amount of. Ten Dollars (p10.00) for stor.age arid hauTing char�es Por each nachine so seized, and sueYi machine shall not be released or returned until and unless the operator has paid to the Gity of Clearwater the license fee` and the Ten Dollars (�10000) starsge and'hauling charge. That the City Clerk of the City af Clearwster is hereby - � authorized end directed', in all Qases where there has been a �eizure made for the non-payn:Fnt of the occupational license.tax for the maehines described in Gection II_hereof,,,`to_no�i�By ths owner or owners, where possible, of the said;machines'that st�me are being retain.ed under the provisions of the Ordianr.es of the City uf Clearwater, and shall, during t�a period of thir�y days from date of said seizure, permit the owner or_owners,to regain_.possession thereof b� proof of ownership and �he payment of all char�es connected �rvith the seizure and storage of the machines. ' That after the expiration of said thirty'days (30')'period the �ity C1erk shall sell any such machines not claimed or �ieduced to po�session by the owner or owners tY�ereof at public s�le a�ter ten days' notice in writin� to �bhe owner if �� can be found, and by advertisement in one � �/ 3 � ii a issus of a newspaper oY general circulation in the City of Clearwater,, Florida, . . _ That'out of the proceeds of the sale a�i any such machine, all ;osts a�1d storage shall be i'irs� paid, and any balance remaining shall be re�ained by the City of Clearwater in_a fund in possession of daid Ci� y, Por a period of aix mo;�ths in,order to enablA the owner or owners oP said mar,hines to prove ownership_af said machines so so]:d, and when su^h,ownership is proven, such surplus fund shall be paid �o the owner. After the expiration of six�months, as in the p�;r��.�t�pti next . preceding provided any sums arising i'rom the. sales df,the said mechine.s in acco.rdance with the provisions af this Ordinanee, if uncl�imed by the general funds of the City of Clearwater. _ . SECTION V: No�hing herein contained $hall allovr the ov�ner or ogerator of any machines, mechanically operated, to gamble with or allow s3i:ri mgch�rie�..t�;b:�,;ope�s-�ed as a ga�tbline device. ; SECTION VIr All laws �nd parts of laws in conflict with t he provision oi this Ordinanee ere hereby repeaTed. SECTION VII,� TP any part or partg of this �rdinance are for anp reason held to be �nvalia, such decision shall not aPFect the ��lidity of the remaining portians oi this Ordinance. _ SFCTION VT.�I: This �rclinance �s hereby decl.ared t� be a necessarp measure on the gr�und of urgent_puT�li.c need £or the px2ser- vation. oi :peace, health, safety, �convenience aiid general weTf�re of the Cit�* of Cle�r�ti�ater. SEC'�IU:�I IX: Every person cor�victed of 'a ,violation of any pro- vision o� this Ordinance sl�.all be punished by a fine of not more�:than #100,00, or by imprisonment in the City Jail.;�for not, mczrs than sixty* (60) days, or �y both such Pin� and imprisonnPnt in the discretion of,the Judge. S�CTION X: This Ordinanee shall tal�e efPeet iir,mediately upon its passage. . PASSED AND l�DOPTrD BY the City Commission of �he City af Clear- water, Florida, this 20thday af �1iri1 s A. D, 19�.2, ,Fassed on P'irst readirig: April 20th, 1942 Passed on Second reading: .:9pri1 20th, 1942 Passed on Third reading: Apr31 2�th, 1942 J�Q.a-L �J• �� _ Mayo�-Commissioner :Attest: � FranY Cooley � • i��ty xuditor & C1exY • Mr. Pd. F.: Hall ap�eared t�efore the Board and submitted sketches and plans oi three busas that mi,ght be used-to haul passengers in aacordance. with a proposed bus iranchi�,se-. Mr. Hall reported that he,ca,uld se.cure three New International�sll steel Deliver,y T�zeks that could be converted into satisfactory buses by ].engthening the body, vthereby the seating cApacity would,be,sixtaEn, all seats to be Porward with the exce�tion,of two in Pront witli an,, . aisle of fourteen inches. The seats to contain sprin�s, c'l�th covered. and be comPortable; also that body springs would be used to provide satisfactory riding, com�ort. • , Acting-Mayflr Jesse G. Smith suggestad that any franchise, � granted_should pxo�ri2�e a bookkeeping system adequate to shov� �ross income and o�erating ex�ense of tlie bus system. • City Attorney Ra1�h Richards-now read to th� Board a Bus Franehise Ordinance to be known as �rdinance.No,, 1�88. 1�n�ved by p. , C. Smith and seconded bJ bqr. Stoutanire and carried that Ordin�nee No. 488 be passec� on its first reading. ,�oved by D: C. 3�.ith, seconded by i�r. Stoutamire and carried that �rdinance Na, 488 be passed on i;ts second reading. Moved by f�r. Stoutamire, seconded by D. C. 6mi.th and ca�ried; that Qrdi�anoe No. l�88 be passed on its third �nc1 final reading. Below is set out Ordix�ance I1o. 4��. > - QRDINANCE No. 4g8 .��T ORDINANCE GRANTINr , TO P$. F. HADL T�iE AUTHORITY, RICzFT AND PRIVILEGE TO ESTABLISH, � . ��Ik2NTAIN AND OPERATE A BUS TRANSPORTATION • SYSTIl4I IN THE C2TY' OF CI�ARPIATER, FLORIDA, F0�2 Tf� TI�IJSPORTAIOi� FOR EIRL�' OF PAS:iENGERS AND FIXING THE TERMS AND CONDI^lIOPlS OF SUGH ,GRANT . _ _ . _ BE IT ORDAINEI� BY THE ;C2TY CO1v1�4�SSI0IJ OF THE CIT'� OF CLEARL'IATER, FLORIDA: -- . _ Sectian 1.• . _ _ DEFII�IITIONS. ,;,"HAI,L", wh�never used in this ordinance shall,be deemed t� mean E4. F. Hall,��to tivhon is herein granted the Pranchise, authority, . ri�ht or privilege to; establish, maintazn aRd operate a bus trans- portation systen.in the City oi Clearwater, Flaricla, for the tro:nsportation for hire of passengers. � '�C�TY", whenever used in this ord3nance shall be deeme.d �to mean thP City of Clearwater, Flar�da, a municipal corporntion, , � . _ and, when used in r�fezence to araa.shell include not only,the present corporate limits of said City, but such.co.rporate limits. as they,,may., � be l�ereafi;er t;e�at:ended„ and such ad j�cent territory as may, for the purpose of this ardin�nce., come under,the jurisdiction.o�..said City, � S/ c� d � ,`;, s� � 0 �'tSTREET3�', whenever used in tthi� �rdinance� shall� be deemed� to meen and include a11 the public higYiways,' streets, alleys, bridges, public traveled areas ancT other public ways i'ncluded in the c�rporate l:imits of tlie City of CTearwater,-Florida, as the'� same now exists; and as they may be here�fter extended, together with such adjacen�t territory as inay, for the purpose of this ordinenee, co�e unde� the jurisdiction of said City. SECTI�PT II , � NATURE Oi GR:�NT , The authority, right aiiq privilege is hereby granted to " M. F: Hall for and in consideration of, and subjeat to, the conditions, agreements and privileges hereinafter set,forth, to establish, main- tain and operate over and upon the streets of the City oi' Clearwater, Florida, a motor bus transportation systen for the "transportation of passangers Por hire for•a period of ten (10) years conmencin� on the efPective date of this ordinanes. The commencement of actural operation oi s�.id transpor�ation �y�stem shall b�s �ot later than si�:t� days a�'ter the effective date of this ordi•nance. . , SECTION III � ` „ Re�ular niotor bus transportation service pursuant to the � grant aforesaid sha11•be established, operated and regularly mafin- -- tained over and upan deiinite routes in the 6ity ao as to adequately serve the traveling public qi the Gity as the public convenience snd necessit� may require, and Hall and the City, pri�r to the commence- ment oi operations under this ordinance, shall agree as to the xoutes acer which §aid motor bus transportation service shall be establiahed. Hall shall establish new.,r�utes and provi.de ac�ditional equipment as the same may be needed in order to maintain'safe, adequate and ef�icient transpor�tation servics for the City, subjoct to the provisions hereaf. . Ha11 may, upon his o�vn init'iatiiv.e fror.� time to time, pro� vide safe and reasonable experimental routes over which �e may operata his bus transportation service for a�eriod-of tir�e not to exeesd ninety (90) dage upon ten (10) ci�y"s written notice given the:�City, such rio'tic�� to specify the r�ute to be operated,� the time of'the commencement and terminatinn o� such experimentAl service. I�' from the �xperience oP any ,such experimental operati�n', it is shown that' the ope�:sticn over any such route+or uoutes serves the�public con- venien�e �and necessii;y of tne,Citizena of �he �ity in the area-aPfeetad, and that the continued operation over such route ar rout�s will aPford a re�3onable return to Ha11, there�ore, the operatian oP sizch x�ute or � routes sha11 be considered as establ.ished routed and sub,jeet to aban.don- ment�, modification or alteration only as provided herein in respect to. established routes. The determinatiQn o� whether or nat any such route ; or routes shall serve the public conveniettce and necessit� of the City in the area df'fected, ancl af�ord such a reasonable return to Hall, will be made by the mutua.;. consent oi Hall and the City. Any, establisheTl route may. be changed, modiPied or abar.d- oned by mutual consent of the City Commission and Hali, 4nd additional established routes may irom time to time be provided by �ike mutual consent. Hall may change, modify or abandon any established route, provided that a wr�tten notice oP his intentfon to do so, snch notice to contain a description of su�h proposed change, modificati�n or abandonment, shall-be �ar,ved by Hall �n the City at lesst twenty-one (2Z) days.'prior to the day on which,such change, modific�tion or abandonment i� proposed to be made effectivo, and published in a newspaper regularly published and in general circulation tn the City onc� a week Por two consecutive weeks°_prior to s�id proposed effective date. knd such action as taken by �lsll shall be valid, proper and ePiective, and the City shr�ll be presumed to have; concurred therein, unless the City Commission shall; af'ter receiDt of such notice and priar to the.:data on whi;ch said proposed ehange tvould be ef�.ective noti�y Hall in vtriting tl�at i� di�sappro�ves o� such proposed action. Hall shall•not be required to operate aver any established route unless all of the operations of Hall in the Gity shall aPford, or shotiv a reasonable prospect o£ a�fording, a i'air and reasonable return on the cost of such opErations. If the C�ty and Ha11 cannot agree as to wiiether ar not said operations will at that time or within a reasanable period of time prociuce � f�ir returu upon the investment necessary for the operation thereof, the same shal.l ba submitted to arbitration as provided in Section �fiII heraof, and_ the said Boarc3 of Arbitration is makin� its fincTings and de,eision of t�,e question in di�pute so submi;tted to thenifor determination shall consider (1) the eifect that such operation has or may have upon the safe�y of the traveling ,. public and the citizens of the locality affeeted, (2) the nature �}nd condi�ion of, the atreets of such route, (3) the effsct that � such operation- has upon �he needs of the traveli,n� public and.the Iocality of the dity afPected, and-(µj,the length oY tirne that Hall has exercised his rights and operat.�d his business under this. franchise, giving due �veight tc the probability of ,s natura� los� to �iall from his operations �iuring the initial years of t:his franchise. Hall may at any time provide for the txansportation of special charter parties or ex�ursions between any two points in the City without being reguixed to �oZlow such e�tablished route or routes. , � � 5�7 :, Section N _ _ � , . ' Separation of Races » ; •Hall sha11 make and enforce reasonable rules and regu- - latians providing for t'he segregation of the human racs when more . than one race is transported'on the seme bus. Section V _ . _ . Schadtiles � . . r . '` - SeheduTes oP gperation shall be•such as may-be reguirod to accommodate t2ie reasonable needs bf the traveling public ov�� the respective routes established. Defiriite s�hedtiles'shall 'be- " s�reed upon by Hall and the City, and ma� be ehanged at any time ,°:.-; by mutual. consent-. , , , �r,` '. �ectior. gI Equipm�nt All buses to be operat�d un�er this grant and authori�y . shall be kept in gcsod mechanical: order �nd attrac:tive in appeararice. Hall shall at all times durin�'the operetion of' ssid motox'�buses �.-.� transportation system under this francl,ise use 'sufficent �tumber oP buses to carry out its agreed schedules. -A11 buses -shall be'properly : ec�uipped t�sith mnderr_ safety applianees. T.f 'Hall desYres to coirimence.i - regular ogerations ori schedules bePore buses are available, he may tempora�ily opere:te pri�rate cars or taxi cabs in lieu of bus'es.' However, any priv�te cars or taxi cabs so Qperated shall be distinc- tly�marked to show that they are runnin� on regular schedul�s in lieu oi buses; and che use of private cars and "taxi cabs sha11 be disoon-: tinued as soon•as buses are available in suPi'icient :numlier.' .� � _ ' �_ Section VII- ` , - Fares , The fares to be charged by HaT1 shall be uriiform, 'j'usit: `and ' xeasonable, and shall be sueh as will provi'de a fa�r arid:reasonable return on Hall's investment. All fares si�all be subject to approval and regulation by the City�;. and no =scYiedul:es of Pares ghall: be ' ePPsctive until approved in writirig �by the City.Manager. However.,.: Hall may at any time by special agreement 9r contr�ct pro:vide for �he transportation of special char.ter parties'Por excurstons at . sucb rates and cfiarges as he may deem advisable an.3 with�out_the :. _ approval' of ��the Gity. '- All poli'ce officers' 'and Yiremen- in uniPorm shall be �fur- nished Pree transportation. ` '' ' �.� . Bection �IITT „ : � , rdail anct Nev�spapers. If it so desires, HaTl may cax•ry m�il for the Government of the United States in and'upon his buses, as we].l as newspapers to be de'livered at any poiz�t on his routes, but such delivery service shall in no�wise.iraterPere with proper and adequate , „ passenger 3ervice, , ' " Si.C'�'ION ?X �: '` Stop Zones and Bus Stops •: The City shall permit the establishment of reasonaUle stop zones alon� the established routes.of Hall, for the purpos.E oP enabling Ha11 to take on and discharge passengers,�vi�h saPety and dispatch;.such zones to be on the ri�ht of the course in vrhich buses pf Hall are operated and'adj�cent to the street intersecti�n at the far end of the desi�nated blocks, Anp marking of such etap zones shall be done t�y the Gity but an� pedest�il or other signs designating such stcp zones or bus stops shall be made or ereeted and maintained by Hall:, 'Phe Ci.ty �hall prohibit o�her vehicles from obstructing any stop zone or. inter.Pexin� wit2i the opsrations of Hall �herein or at any bus s�op. All regulations under this section shal� be under the absolute control of the City. SECTION X . ' . : . ;, ' - PRIVILEG� (:HARuE. _ For tl�e privile�e o£ operatin� the s�rvice,provided �ierein, Aell agrees to pay to the City a sum equal to one per cent (lo) of his gross receipts derived from such operatibns, regardless of the source of such receipts or Por vihat servic'e rendered, such charge to be in lieu oP all other City taxes of tivhatsoever kind or nature, except that nothing herein shall be cons�ruen to prohibit the City from levyin� any �eneral ad va'lorum tag upon the property oi' HaZl Zot otherwise prohibited by lativ. The said charge shall be payable on or before the 3Oth day of each,month �or the previous �onth's operations. Hall'shall keep a special set oP books showin� all revenues derived from operation of hus liues under this franchise, and showin� al�oa;,all e�penses incurred by him in the operation of such �us lines. The City shall.have secess to his books and • recoxds at all times for the purpose of determining'the gross receipts and the char�es to be-paid the Citg thereon. The term �'�ross receiptsT� shall inclvde all revonue derived from Hall's operations wi�hin the corporate limits o� the Cit� arid shall not be considered to refer to any earnings by virtue of operatio'ns.beyon.d the,eity limits. "Tn comput3:n� gross receipts, all reveue that originates in �he City,�shall 'be considered as derive.d fr�m its op$rations_therein. Any revenues that tir�.ginate but'side the City shall not be consid.ered. - SECTION XI Ofi'ice ,_ - ; � ,. .. . . . � . . �. � ... . . .. At t}ie time of the commenceme�t of operations and during the continuance of this Pranchise, Hall shall keep an:offi,ce in the City of Clearv�Jater, ��lorida, and his bool�s and records relating � � `: � ;� � �'19 ' to gross rece3ptsushall�b�:kept in"wucn oi'fic&. Pr�viding further; that Hall will, upon ten (10) day's notice served upo�:hita by, the Cit y produae for exami.nation bg the City any_additional records kept by Hall in any way dealing with his bus opexations in the City. ,. � ' SECTION: XII.` : .: . �. • , Da�nage to �ta�aets r ..: ,� ,. Hall further agrees to promptly make payments to the'Ci�y Por a11 damages dane or caused to the Streets and-other�prooerty of the City caused by the'caperation of•�Hall's vehicles� reasonahle_� , wear and :tear excepted�« . . . ' '- . : SECTION XI�I ; . . . . _ :_ Protectiion . _ , The Cit y shall not compete wi;th Hall in his operations,t _ hereunder-and. shall, insofa�'ss its co�porate powers; exist,:�J.. ,..�;� ordinance'duly..enacted,: prohib.it.interPer.enca and competition Yrom;l: -.; motar bus lines, jitney operations°and taxi c�bs not ope�a�G�d;irom� .,; regular stands, or other campetin� t,vpes,of public trans�ortation vrhich �vould tend to interPere rvith the: eff�:.c_ien�t and economic Qgaration , as,a.whole of_the trarispnrtati�n system herein_provided �or.; _ SECTTON XN ; � Gonpliance with �eneral Ordirances, ' Hall in his operations.shall be.required,to comply wi:th all.; genersl,ordin�nces d�f the City now in ePfect dr hereaPter, edopted , for the-regula�tion and control �f aot6r.vehiele traPfic.,:, „ : ._� 6ECTION XV . � .'Notices � • ' _ " Whenever.by-terms of'this ordinance notice is required or permitted to be given either by the City or by Hall, i� may be,,�iven..by, re�Ister.ed mail addressed to,. or by pers�nal delivery at,�,the �ffiee; - of H:all in t}ie City of Clearv�ater, Flo�i�ia, : or: , the off ic�::o,� the ,;, .; � City Clerk in the City`Hall, Qiearwater, Flo�ida;'and to,each.: ,, City Commissioner.at lu s b.usiness address,, as the�case'may,be:, �- • .. -:SECTION XVI 'r.. � .. Insurance • �.:: _ , , (, �Hall shall at the time of;thd-conmencement o� his operations ':'` hereunder:and'.continuously°during such operatidns;� .:; - � - 1. At his own e�.pe�se, carry and maintain;insurance against public liability.and prop�rtv dama�e.with.reasonable�.�nd adec7uate�]:imits in=res�Qnsible insuranee comp�ni+e3 authorized to't�ar�sact;business., in the State oP Florida, to be mutually agreed upon betwsen Ha1.1 and' the City�; or if such insurr�nce c�nnot be-obtai�ned by' Ha11 or other>comp�niss engaged in sim�Cl�r opera�Gions 3n otb.er cities of the United S�tates; , . , ; � . , _ ; „ . , . . �. ,, , (a) With the consent oP the City Commisaz�n of the City furnish a surety'bond in the Porm and with surety or sureties to be approved by the said City Cor�missiony conditioned to make. prompt payment of all claims ior personal injuries qr property.damage caused by Hall's operations and �or whicn Hal1 may be limble; or �_ �(b) �V3th the consent oz the Gity Comrniasion; ,oP the City, : act.as a seli-insixrAr against sueh,hazards, in rvhich event-Ha11 sha11 - furnish the Gity sati�factory ev�:dence of his ability to meet all claims for injuries tq persons and property 3��asonably anticipated in the ordinary cou�se of business, for vahich he may be lega].ly liable, , SrCTTON XVII Arbitration. _ In the evert tns City and_?�a11 sha11 be unable to agree in respect to ang $atter arising hereunder, the subject of disagreemerit ;' .shall' be �'ef'er.r.ed to: a Board of krbitration to be selected in tile following manners The City shall g�lect a person in no way con- - neeted yvith the government of the City and Hall shall select a person in no way .connectecl with hi�., an<i 1;hese tv�o shall select a third member in no way connedted with the �overnment of the City or witY� _ Hall, such three (3) members tc� comnose the said Board of Axbitrati��. It is hereby ex�ressly agreed that the iinding of,the said Board of Arbitration shall be final upon �ll issues of f4ct so submitted to the L�ard and that the expenses of said arbitration, including the expenses �f the Board, shall be certifisd by it to bo�11 parties and shall be paid by Ha11. Suc.h expenses shall,not iriclude any�ellovaanae. for Pees for attornevs a� e�perts Por either par�y. SECTION XVIII � : k'orfeitures The authority and privileges.-granted hereunder shall at the op�ion of the City,be subject to for�eiture upon the failure and refusal of Hall ta comply with any of the term� hereo£,-and sha11 particularly be sub�ect to f orfeiture in the event that re�ular Uu� service is not established within ��60) days from the ei�ective date o� the franehise hereby granted, or ir_ the even� that.re,gular bus service under this franchise is disconf:inued for a periad of sixty {60) days or more. Providc?d, howe�er, that the City shall give Hell not less than thirty (3Q) dav�� notice of its intention to exere3se its said option, such notica to specify the default.complained of during which time hall �hall be allowed to correct suc}�,defaul:�,_in tivb.ich event no i'orfeiture may be declared. ■ e . �. ` SECTIUN XIX : ' : . : ,, , . � Op'tion ';tso Purcliase ` , : At the expiiation of the term of this'fro;nchise, or upon -" a forfei�ur.e under the• provisi�ns"of the preceding section,`then °• and thor�u�on �the�City shall have the ri�ht to option to'purchase � all of Hallt.s epuipment and property used under or"in eonnection with t�he-�ranchise or�right her,ein.and �areb� granted, or such�part of ''' such equipment and property'as'-the Citg"�may desire to purchase, and in the_event that the Citg exerc�sr�s its option herein granted.;. �k��n" ' the val�zation of the property and.equipment-that the Citv de�3ires to � purchase shaZl be fixed by arbitration as provided by law. � `` SECTION � •. Tn�Aemnity HalT shall hold the City harmless against any and a�l liability; loss, costs, dar�age or expense �vhicii may accure +o the s��d City by reason oi' the ne�le.^.t, defau?t. or mi:s�onduct of �a'1'lfi�in 6onnect- i;�n with-his rights hereunder. Nothing-in this.ordinanoA shall --"'` be condidered to make�the City liable for damages on account of`-any-' - ne�ligent act oP om�ssion or coinmisslon by the servants, agents, or - employees of Hal.'1 d�.�ring his Qperation of his transportation servic'es, either in respect to persan� o� with respect to any property da�a�e which may be sustained. ` " , SECTION i�I �ace��ance , This grant and authority is made upon the-condition tha_t Hall° shall Pi1e with the i,i.ty .Clerk o� the Gi-ty of. Cle�r�vater, � written notice o� the.a,ceeptance�of the same wi�hin thirty (30) days after the ef�ectirre date oP the':pas�age o� this ordivancej �nd when such natice of aec8�tance is filed, t�is'-ordinance and the acceptance shall eonstitu�e a contract tietween the City and Hall for all zhe uaes,:services, and purpases set Yorth herein, �' SECTION �II:- R�moval aP Equipment upon Expiration -: UQnn the expiration of the, �erm of this fr�nchise ar upon a iorEeiture'there�lf as grovided in,Section'XVIII t}f this br- dinance, Hall agrees that rie will promptly cease his operations under th�s'Pranchise and wi1Z-promptly remove from the�streets of' the City - sll"'oP his property and equipment unless the Gity'shall exer�ise the optian and right reserved herein to purchase `said propert�-and eq�:ipment as hsreinabove provided in Section X� hereof. ' - ' SECZ'IOi1 YLYIII - �':,'.. . . Separability Eaah seotion oY this ordittance snd esch part of each sec�ion is hereby declared 2 separavle se'et�on, ox part of eection, and the holding of any 3ection, or nart �:hereof, to be unconstitutional, v�id, illegal, inoperative, or contrary to the latws of the State aP Florida Por any reason shall not affect any other seetion or part of this ordinance, it being the expr�ss intention o� the City Commission oi the City of Clearwater in passing this ordinanc� that each part, section or provision hereof shall be given full Porce and ef�ect indepsndent of any other part, section or provision. SECm10IJ XXN Repeal That all ordinances or parts of ordinances in conflic�G herewith are to the extenc� of such eonYlict hereby renealed. SEC^IOAd n�V This ordittance slzall take efPect immediately upon its passage and adoption of the C;ity Conmission o� the City of Clearwater, Florida. Passed on first reading Anril: 20th. 194.2_ Passed on seconfl reading Aoril 20th, 1942 Passed on third reading Aoril 20th, 1942 ✓ • +G� , �� ay�Comm��oner Attest: Frank Coole City Auditor & C r� The meeting notiv adjourned and Acting �iayor-Co�imissioner �'esse G. Smith reeconvened the Commission as a Tax Equalization Board �o hear any complaints on the 191�2 Ta� Assesanent Rall. This being the final meetirsg of the Equalization and there be no one present to gppear be�ore it the Board was adjourned. Thare bein� no fu�ther business to come beflore the Commission the meeting was adjourned. ■ f r ing� ay r 'ssion � ■