HomeMy Public PortalAboutOrd. 0419 1 ORDIPIADTCr� IiO. 419 I
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. 3 AN ORDIIdAidCE GRA�TTIA]G TO DrAPd CARSON A FR'�NCHISE
TU ESTABLISH, ADTD, FUR A PL•'Y�IOD COT,�fJfEiICING 1�JITH
, 4 THE EFMECTIVE DATE Or THIS ORDP7aNCE 9i�TD COIiTIN-
UING FOR A PERIOD OF TI�IEi'vZ'Y (20) CALEi��AR YEARS
5 TI�R�FTF�?, T.0 CONDUCT, MAIiV'PAIIi, AND OPiRATE,
OlJ PEGUI,AR SCIi��DULES, IN�PRA-NNNICIPAL PdOTOR BJS
6 LIidES � OR THE TRA1vSPGRTATIOid Or PASSETdG�.P,S ADID
^lI1_T_+,R HAi�]D B9GGI�GE, r OR HL?E, lNIiOLLY iNIiHIDi TF�
7 CITY Or' LYAP:�VOUD, OVER, UPON Ai�7D ALOPIG Ti� STR��:TS,
FIIGH�:"JAYS, ALL&'YS, BOULEVAHDS, AVEDTUES, ROxDS kidD
$ OTHER PUBLIC PLACES HLREIiJP_rT�R tPESCRIBED;
FIXIATG THE; C OTdII'yIJSATION AND SP�C IFYII�G TI� TE13IV�
9 AND . C OPIDIT IONS 01� SL� ID PRA�TCHISE.
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11 VJ"tIER�S, on the T6th day of October 1945, one, Dean
12 Carson, filed ��rith the City Council of the City of Lyn�vood, a
Z3 municipal corporation of the sixth class, situated in the County
14 of Los Angeles, State of California, an application for a i
15 franchise to conduct, maintain and operate, on regular schedules, �
16 intra-municipal motor bus lines for the transportation of j
17 passengers and their hand bag�age, for hire, rvholly 1vithin said i
18 City of Lyn�^+ood, over, upon and alon�; streets, hiJhwrays, alleys, �
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19 boulevards, avenues, roads and other public places the and i
20 V"'TiiERE��S, at its regular meeting held on the 16th day of �
21 October 1945 said City Council received said application and
22 directed an advertisement of the fact of said anplication,
23 to�;ether vvith a stater.ient that it �^faa proposed to �rant the same;
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24 and,
25 `;iI�REAS, said adventisen�ent, as so direc �ed, ��ras
26 published in the Lynvrood Press, a weekly neVaspatier of the Citj� of.
27 Lynv�ood, County of Los Angeles, State of California, there'Ueing
28 no daily necrspaper published in said City, once a week for four
29 sttccessive =rreeks, the full publication having been completed not �
30 less than tva�nty (20) nor more than thirty(;30) days prior to any
31 further action on said application; and,
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1 ?�'lH�.REA.S, said advertisement, published as aforesaid,
' 2 stated the character of the i'ranchise or privile�e proposed to I
3 be �ranted, the terrn for �-Jhich it was to be �ranted, that sealed I
4 bids ��rould be received at the office of the City C1erk of the
5 City of Lynt^�ood at the City Hall thereof until the hour of ten
6 o�clock A. IvT. on the 4th day oP llecember 1945, that the successful
7 bidder and his assi�ns must, e�;.cept during the first five years
8 thereof, during the life of said franchise, pay to the City of
9 Lynvrood tNro (2;) per centum o£ tne gross annual receipts of the
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10 person, partnership or corporation to whom the franchise mi�ht be
11 avrarded, arisin� from ite use, operation or pousession, and that I
12 such franchise �vould be struck oif, sold and awarded to the personl
13 making the highest bid therefor in the manner provided by I
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14 statute; and,
15 WH�'REAS, said Dean Carson did file zvith said City Clerk,
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16 as aforesaid, before ten o'clock A. I�I. on the 4th day of December I
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17 1945 his sealed bid for said franchise biddin� the surm of Five i
18 �'kfi5•00) Dollars therefor and enclosing �^rith said bid cash ir_ the �
19 full amount thereof, to vrit: Five (y?5.00) Dollars; and,
2p 'J'i?�R�1S, said sealed bid, there havina been no other i
21 bids filed, vras opened by said City Council at the hour of.ei�ht I
' g2 o�clock P. TaI. on the 4th day of December 1945 at its regular
23 meeting, and no person, firm or corporation, present or repre-
24 sented at said rieetiri�, r,iade or offered any other bid; and
25 WiIEREf15, thereupon, by motion of said City Council at
Zg its said regular meetin� held on said 4th day of December 1945
2� said franchise vras struck off, sold and a�varded to said Dean �
2g Carson, the person makin� the highest bid therefor, as aforesaid.
. 29 DT�^�, TF�REFORE, the Cizy Council of the City of Lyrn^iood
30 does ordain as follovrs :
31 Section l. There is hereby granted to Dean Carson,
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1 hereinafter referred to as the Granteo, a franchise to establish,
2 and for a period commencing rrith the effective date of this ,
. 3 Ordinance and continuing for a period of tvJenty (20) years there-
4 after, to conduct, maintain and operate, on regular schedules,
5 intra-municipal motor bus lines for the transportation of passen-
g gers and their hand baggage, for hire, t^�holly i^rithin the City of
� Lyn�^rood, over, upon and along streets, highivays, alleys, boule-
$ vards, avenues, roads and oth�r public places therein; subject,
9 hovrever, to all the covenants, conditions, restrictions and
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10 limitations elsevahere cbntained in this Ordinance.
11 Section 2. The operation of said motor bus lines shall
12 be over'such streets, higrn^�ays, alleys, boulevards, avenues,
13 roads and other public plaoes, and portion� thereof, in the City
� 14 of Lyncaood, County of Los Angeles, State of California, as may
15 be fixed and established, from time to time, by the City Council
16 of said City, under and'upon reasonable terms, regulations and
I_ 17 notice to said Grantee:
18 Section 3. The Grantee shall pay to the City of Lynvaood I
19 two (2°0) per centum of his gross annual receipts arising from his
20 use, operation_or possession of tnis franchise; provided, hotivever,
21 that no percentage sha11 be paid for the first five (5) years I
22 succeeding the effective date of this franchise; but therea£ter
23 such percentage shall be.payable annually.
24 Section 4. The complete operation of all motor bus
25 lines in full accordance vrith this franchise shall conunence at
26 the hour of six o�clock A. I��i.,of the day upon which this franchise
27 becomes effective. '
Zg Section 5. �Phe operation under this franchise'shall be
29 commenced vJith tlib (2} notor busses. Lhereafter, the amount of
30 eauipment and number of busses, giving due consideration to their
31 individual seating capacity, shall at all times be sufficient
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` 1 reasonably to provide for all traf,fic of£ered and to maintain the i
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2 prescribed schedules and to keep the service at the hi�;hest �
3 practicable standard o£ efficiency. Additional busses shall be
r} added, from time to time, as may reasonably be necessary, at the
� 5 <iiscretion and upon the order of said City Covncil, after reason-
6 able notice to the Grantee. All equipment sna11 be subject to I
' 7 constant inspection by said City Council and shall be kept in the
8 highest practicable i^torking order by �he Grantee at all times.
9 All equipment that may become ttnsaie, unser.viceable or inadequate I
10 shall be retired from regular servicc upon the order of said• I
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11 City.Council determining such unsafe condition or euch izladequacy
12 or unserviceability.
T3 i Section 6. The.fare, one way, over any of the routes or
':' 14 lines established under this Franchise, and any and all e;teizsions�
15 . alteratioris, arnendments, reroutings and additions thereto, vrithin �
16 the limits of the City of Lyrnvooc7. as said City limits exist at 1 I
lq the effective date of this franchise, sha11 be not leas than I
lg five (5�) cents nor more than ten (10,c.1) cents, and shall be fixed,
lg from tisne to time, vrithin said limits, by said City Council.• I
20 Children under five (5) years of'age, �,hi1e'riot ocoupyin� seata,..
21 shall be transported free of charge. The Graritee �'_�all issue no
' 22 passes nor sell ang tickets at reduced fares,nor transport any
23 persons,. other than its officers or employees, vrithout payrnent of
Z¢ the prescribed fare or vvithout presentation of a valid pass
25 issued by the Grantee upon the request of said City Coun.cilc
° 2 6 Section 7: From and after the commencement oi operations
27 under this franchise, the Grantee shall operate his motor busses I
28 every day, over the whole length of each of his routes or lines, I
29 at sufficiently frequent intervals and at sitch hours as may be
30 necessary reasonably to accommodate the traffic o:E'fered, in
31 accordance vrith the regulations of the Grantee made from time to
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1 time and filed rvith the City Clerk of the City of Lyrnvood. Such
�. 2 regulations'shall be subject'to tlie.approval of the City Council; I
3 provided, horrrever,.that such schedules shall not be operated if
4 the Grantee be by the elements, riots,
5 str?kes, court orders, or other causes beyond his control; and
6 provided, further, that such schedules m�.y be altered, vraived
7 or changed by t:he Grantee, by and with the consent or at the
8 direction of the Ci�y Council'•of the City of Lyn�-vood. Al1
� 9 schedules under which such rnotor busses shall be operated sha11
10 be app by the City Council before being nlaced in,effect,` I
I1 and all such schedules shall be in z�rritin�, or printed, aizd filed '
12 in tne ofiice' of the. Ci Glerk of the City of Lyrn°rood,
13 �ection 2. In the event tnat any st hi�h�,raJ, alley
" 14 boulevard, avenue, road or other public place be closed, or for �
15 any other reason be iinpassable, motor busses may take detours I
16 around the portions so closed or impassable, using the nearest !
1� passable parallel streets or avenues there£or; provided that such �
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7,g detour� shall be of suFficient length but no more than necessary I.
19 to avoid such portions so closed or impassable. �
Zp Section 9. The Grantee, before the operation o£ any �
. 21 moto'r bus under this iranchise, shall acquire,, and thereaFter at
22 all i:ir�zes sha11 kee� in fu11 force and e£fect, public liability
23 and property darn��f;e ind_ernnity or .in.surance protecting both the
- 24 Grantee ancl the City of Lynarood, as their interests nk�� appear, j
� 2g covering pe'rsonal,injury or deach to any one person in aizy one
26 accident up 'to and includino Five Tnousand (f;�5,000.00) Dollars
2� and propErty damage to any one person in any one accident up to
28 and includin�; Qne Thousand (�+1,000.00) Dollars; and covEring all
29 personal injury and death up to and includin� Ttaenty Thousand
30 (y�20,000.00) Doll2rs £or any one accident, and property.dama�e,
31 regardless of the number of persons, up to and including Five
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� 1. Thousand (y�5,000.00} Dollars £or any one accident. �uch indenu�ity
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- 2 or insurance may be by means of a trust.fund to be held in trust
3 by some institution or pervon acceptable to the City of L,rnvrood,
"'. ' 4 or by raeans of inderm�ity insurance or b3* mea:ns of a�bond executed
5 by a solvent surety company autliorized to do a surety bttsiness
g in the �tate of California, or by a combination of any or all
7 said means, in sLlch manner that the a��re�ate of the protec�L
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$ and the principal sums of t:�e bonds and the amount of the trust '�
9 fund. shall equal the sum of Tti+�enty-five TnoLisa.nd (�p25,000.00)
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10 Dollars� to be subject at a11 tinies, horrever, to the maximwn .
11 limits of liability hereinbefore stiated. �111 documents, bonds, I
12 contracts, policies and declarations of trust shall be approved I
13 Y�J the City Attorney of the Cit�y of Lyri'rood as to form, and by I
14 the TrIa.yor oi said City as to sufficiency, and thereafter shall
15 be filed crith the City Clerk of said City._ Tl�e Grantee shall
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• 16 have the option oi the r.l�ans to be used in obtainin� and main- I
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17 tainin�; such inderinity; and may chaiz�e from one means to another; j
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18 from time to time..
19 Section l0. The Gran�ee shall�not se11, lease, assiori l i�
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20 nor transf'er any of t:�e rights or privzlegeu gr�:ntod b�r this '
- 21 franchise unless such sale,. lease, assi mment or transfer shall
22 nave been a�prove�z by Lhe City Council of the CitJ oi L,�n�vood by
23 resolution duly adopted. •
, 84 Section 11. Should the Grantee be adjudicated a bankruptl
25 or become insolvent or seek the benefits of.any act of Congress
26 or -of the S'tatE Legislature, now or hereafter in effect, during
27 the term of this franchise, for the financial relief of debtors,
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28 the City Council may, at its election, i�runediatel�T terminate all
29 .'che ri�hts granted by this franchise upon service of ten (10) .
30 days 1'�ritten notice by registerecl mail oi' such election upon'the
31 Grantee. �
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7- Section 12. The Grantee shall indemnify and save free
� 2 and harmless the City of Ly against and frori all dariages,
3 judgrnents, d.ecrees, costs and expenditures which said Ci��J may
4 suffer, or which may be recovered from or obtained against said
5 City during the term hereof for or by reason oi' acts done by the
s Grantee durin� said term, or ,�,rovuing out of or resulting frorn the
� exercise by said Gr�ntee of any or all of the rights and privi- I
$ leges granted by this franchise, or any act or acts, of the
9 servants or agents of the Grantee, under or by virtue of the
10 �rovisions of this franchise. .
11 Section 13. The Grantee shall file a bond running to
12 said City of Lynvrood �-rith at least tiro �ood and sufficient
13 , sureties, to be approved by the City Council of the Ci�y of
14 L�,�nvaood, in the penal sum of Five Nundred (�500.00) Dollars, I
15 conditioned that the Grantee sh.all t'�ell and truly observe, ful- I
16 fill and perform each and every term and condition of this I,
17 franchise, and that in case of any breach or condition of such
18 bond, the ��rhole as!iount of the penal sum therein named shall be I'
19 taken and deemed to be liquidated dama�es and shall_be recoverable
20 from the principal and suretios upon said bond. 8aid bond shall
21 be filed �^rith the City Council of the City of Lynvrood tivithin
22 five (5) days after the avrard of this franchise: I
23 Section la. The City Clerk shall certify to the passage
24 oi' this Ordinance by 1:he City Council of the City of Lynwood, i
25 and cause the same to be published once in the Lyrn^�ood Press
26 c•;ithin fifteen (15) days after its passage, and it,shall take
27 effect t�irty (30) days after its final passage.
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30 � ATTLS . + • �'� A�'�
;/� �/ }J `� IJtayor�of the G�ty of � wood
31 ; //, ,('/ //�..��ti�-h�
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32 ' ; City Clerk
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STATE OF CALIFORIVIA )
COUNTY OF LOS ANGELES) s�
GITY OF LYNWOOD ) , �
I A. W. Anderson, City Clerk of the City of Lynwood,.
California, do hereby ceTtify that the whole number of inembers
of the City Council of the said City is five; that the foregoing
ORDINANCE� being ORDIiVANCE N�,, 419 , Was duly passed and
adcpted by the said City Gouncil, approved and signed by the
Mayor of said City, and attested by the City Clerk of said City
° all at a regular meeting of the said Council held on thg 18th
day pf December , A, �,� 1945 , and that the same uras aC passed
and adopted by tho following votet
Ayes: Councilmen Shrock, Meyer,
Tucker�and Wi��ins�_
Noes: None.
Absent� Councilman Looney.
PdITN�SS my hand and the seal ef said City this 18th
day of _ December , A, D., 194 5
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f �,� �';City CTerk of the City of Lynwood, California
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� �� � SEAL�) ' � � � � �
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