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237is '?f.: *. ?, •,° .. - '. i:- i :i' 237 5 _?.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 'fII: ;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, ?s. 1 '??f _F Y??.Id ,{S.O? 4[: . 1 :,^ I,:r" "s .`.i `i i'.F.?'2.?,.;?: • , 't?, `,_ rj. r L T V? .?5'?- Y'om' ? 1 •r?,'' i', `ryr.'?. 1?°r: 5•? ?:?F ?. i:. -2- 437 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 ??Y~F` f M 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.{.' t 4 a4 ,} 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 i a! , 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 E E i i 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. ez- p SSE ' .S 1 \ i 1 41 ;e.r3, `3LFd'.} ?Y'L'?: 'Kier.gs??`prfis ,.?'r '?•' ?',; 3 t. il. .4 . . vb ? '€ F• 1`s •4 .. >x?.??...?-''f?'',r`?Alf?:4:.:L.,>r::......t•."?.,?>s?i, .. _ .,r?•....: ?5,?'.,....cfi?i'::'?,r.. ,?':'4?c, k?',:s?,... ... .... ,; .r. • i i. ' " 4