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Home My WebLink AboutORD NO 764 ORDIN. ANCE NO. _~ NEW SERIES .AN ORDIN. ANCE GRANTING TO B.~IGERSFI~.D .~h~) KERN ELECTRIC RAILVLAY COMP. ANY, ITS SUCCESSORS .AI~D .ASSIGNS~ A FR~.CHISE FOR THE TER'M HEREINAFTER ST.&TED~ FOR .~ SYSTEE 0F MOTOR C0kCH LI~S FOR T~ TRkNSPORT.&TION OF P&SSENGERS IN THE CITY OF B.¢t~RSFI~D~ C~IFORNI&. BE IT 0RD¢II~D BY T~ COUNCIL OF T[~ CITY OF B.~RSFI~D, as follows: SECTION 1. When used in this ordinance~ the following terms sh~l have the meaning herein specified: (a) The word "City" sh~l mean the City of Bakersfield~ a municipal ~orporation of the State of California~ in its present incorporated form or any reorganized, consolidated or reincorporated form. (b) The word "grantee" sh~l mean the Bakersfield and i(ern Electric Railway Company~ and its lawf~ successors and assigns. (c) The word "Council'" shall mean the present governing body of the City or any future board constituting the legislative depart- ment of the City. (d) The words "City Clerk" shall mean the d~y. qu~ified and acting City Clerk of the City of Bakersfield~ or such person as may hereafter~ by law: be authorized to perform the duties now being ~erformed ~y that officiO. (e) The word "street" shall mean public street~ road: highway~ freeway~ which now exists or which may hereafter exist within the City. (f) The words "~blic Utilities Co~ission" shall mean the Public Utilities Commission of the State of C~ifornia or any state officer or board succeeding to its functions. (g) The words "City ~!anager" shall mean the d~y appointed and acting City Manager of the City of Bakersfield or such person as may hereafter, by law~ be authorized to perform the duties now being 1. performed by that official. SECTION 2. A franchise is hereby granted to Bakersfield and ~ern Electric Railway Company~ its successors and assigns~ for the term of two (2) years~ to maintain and operate a system of passenger motor coach lines along and over the~ following described routes in the City of Bakersfield~ State of California~ viz: ROUTE OldE: Commencing at Nineteenth Street and Chester Avenue; thence southerly along Chester ~Avenue to California .Avenue; thence westerly along California ~venue to Oleander ~venue; thence southerly along Oleander Avenue to Brundage Lane; thence commencing at ".~" Street from Second Street to Chester Lane; thence easterly along Chester Lane to Oleander ~venue; thence northerly along Oleander ~Avenue to California Avenue; thence easterly along California ~&venue to Chester &venue; thence northerly along Chester Avenue to Nineteenth Street; thence easterly along Nineteenth Street to "L" Street; thence southerly along "L" Street to Eighteenth Street; thence easterly along Eighteenth Street to Baker Street; thence southerly along Baker Street to California Avenue; thence northerly along Baker Street to Eighteenth Street; thence westerly along Eighteenth Street to "i~" Street; thence northerly on "~,~ Street to Nineteenth Street; thence westerly on Nineteenth Street to Eye Street; thence northerly on Eye Street to Twentieth Street; thence easterly along Twentieth Street to Chester ,Avenue; thence ~outherly on Chester &venue to Nineteenth Street. ROUTE TV~'O: Commencing at Bernard and Baker Streets~ thence southerly a~-~ker Street to Nineteenth Street; thence westerly along Nineteenth Street to Elm Street; thence southerly along Elm Street to · Truxtun Avenue; thence easterly along Truxtun &venue to "B" Street; thence northerly along "B" Street to Nineteenth Street; thence easterly along Nineteenth Street to Baker Street; thence northerly along Baker Street to Bernard. ROUTE T~IREE: Commencing at Bernard and ,Alta Vista D~ive; thence southerly along .Alta Vista Drive to Pacific Street; thence westerly along Pacific Street and Thirtieth Street to Chester ·Avenue; thence southerly along Chester .Avenue to California ,&venue; thence easterly along Cali- fornia .Avenue to Pershing Street; thence southerly along Pershing Street to Eighth Street; thence westerly along Eighth Street to "L" Street; thence southerly along "L" Street to Fourth Street; thence westerly on Fourth Street to Chester Avenue; thence northerly along Chester Avenue to Thzrtmeth Street~ easterly alo g Thirtieth Street and Pacific Street~ and northerly on .Alta Vista Drive to point of beginning. ROUTE FOUR: Commencing at Chester .~venue and Thirty-fourth Street; thence southerly along Chester .Avenue to Terrace Way; thence northerly from Terrace ~ay along Chester .&venue to Thirty-fourth Street. ROUTE FIVE: Commencing at "F" Street and Fifteenth Street northerly along "F" Street to Nineteenth Street; thence easterly along Nineteenth Street to'Baker Street; thence northerly along Baker Street to Flower Street; thence easterly along~Flower Stree$ to Owens Street; thence westerly alon~ Flower Street from' Owens Street to Baker Street; thence southerly along Baker Street to Nineteenth Street; thence westerly along Nineteenth Street to "F" Street; thence southerly along "F" Street to Sixteenth Street; thence westerly along Sixteenth Street one-half block to alley; thence southerly along alley to ,A.T. & S.F. right of way, ROUTE SIX: Commencing at Thirty-fourth Street and Chester ,Avenue; thence southerly along Chester .Avenue to Fourth Street; thence westerly along Fourth Street to "H" Street; thence northerly along "H" Street to Palm Street; thence westerly along Palm Street to Oleander ,Avenue; thence northerly along Oleander Avenue to Chester Lane; thence westerly along Chester Lane to Nyrtle Street; thence easterly along Sunset .Avenue to "C" Street; thence northerly along "C" Street to California .Avenue; thence easterly along California .Avenue to Chester ,&venue; thence northerly along Chester .Avenue to Thirty-fourth Street. ROUTE SEVEN: Commencing at Nineteenth Street and Chester .Avenue; ' thence easterly along Nineteenth Street to "L" 'Street; thence southerly along "L" Street to Eighteenth Street; thence Easterly along Eighteenth Street to Union ~Avenue; thence southerly along Union &venue to Cali- fornia Avenue; thence northerly along Union &venue from California ,Avenue to Eighteenth Street; thence westerly along Eighteenth Street to Chester .Avenue~ thence northerly along Chester .Avenue to Nineteenth Street .~ ROUTE EIGHT: :~Con~nencing at Nineteenth Street and "F" Street; thence easterly along Nineteenth Street to Baker Street; thence northerly along Baker Street to Niles Street; thence easterly along Niles Street to Virginia Street; thence westerly along Niles Street from Virginia Street to Baker Streets thence southerly along Baker Street to Nineteenth Street; thence westerly along Nineteenth Street to "F" Street; thence northerly on "F" Street to Twentieth Street; thence easterly along Twentieth Street to "G" Street; thence southerly along "G" Street to Nineteenth Street; and over such changes in said routes and such new and additional routes as may be established from time to time by grantee with the consent of the Council of the~ City. SECTION 3 · Said motor coach service shall be the type of service ordi- narily provided by first class street railway or motor coach companies. SECTION 40 Buses shall stop when necessary for the receipt or discharge of passengers as near the right hand curb line as practicable~ before crossing intersecting streets~ except where conditions require a different stopping place; and the City shall-provide adequate parking _.and_lQ.a~_ing _zones in complia_nce with._ the traffic laws. of said City and the State of California. SECTION ~. The City shall not grant any franchise to a competing passenger motor coach liner motor bus lines~ street railway line or jitney bus operator over the routes designated herein or any new or additional routes as may be established'as provided for in this ordinance. SECTION 6. The grant of this franchise shall be subject to the right of~ / the City to make all regulations which shall be necessary to secure in the most ample manner~ the safety~ welfare and accomodation of the / public~ including the right to pass and enforce ordinances for the / extension~ abandonment or modification of service and to protect the public from.danger or inconvenience in the operations authorized hereby~ and the right to make and enforce all such regulations as shall be reasonably necessary to secure adequate~ sufficient and proper service and accomodations for the people and insure their safety~ comfort and to the power vested in the Public convenience~ subject~ however~ Utilities Commission to control the operation of~ and to fix the rates to be charged by the grantee~ in accordance with Section 109 of the Charter of the City. Grantee agrees that whenever at any time it shall apply to the Public Utilities Commission for authority to establish~ abandon~ extend or modiFy-any route or routes~ to fix or modify rates to be charged for service~ or to do anything pertaining to or in any way affecting it shall serve a copy of its its operations under this franchise~ application upon the City ~anager. Service of such copy shall be noted on the original application filed with the Public Utilities Commission. The City agrees that if at any time it shall institute pro- ceedings before the Public Utilities Commission for an order directing the grantee to establish~ abandon~ extend or modify any route or routes~ or establish any new-~o~te~'-to m°~if~--~at$~'-t°'b~-c~a~ed ~f~r~-s-e~ice, or to do anything pertaining to or in any way affecting grantee's opera- tions Under this franchise~ it ~shall serve a copy of its complaint upon the grantee. Service of such copy shall be noted on the original complaint filed with the Public Utilities Commission. SECTION 7. The grantee of this franchise, its successors and assigns, must during the life of this franchise~ pay to the City one twentieth of one' per cent (.0~%) of the~ gross annual receipts received by grantee under the exercise of this franchise for the transportation of pas- sengers within the city limits of the City~ and one twentieth of one per cent (.0~%) of the gross annual receipts received by grantee for the transportation of passengers outside of the city limits of the City within a ten (10) mile radius of said city limits; said payments shall be made annually on the 31st day of January of each year during the term of this franchise beginning with January 31~ 19~9~ and in the event said payment is not so made~ said franchise shall be forfeited. 'SECTION 8. On the 31st day of January of each year beginning with January. 31, 1949, said grantee shall file with the City Clerk, its annual re'port in writing, verified by an officer of the grantee company; said report shall show the gross receipts arising from the business under said franchise, both within and without the city limits of the City, for the calendar year immediately preceding such report. SECTION 9. The grantee shall file a corporate surety bond running to the City~ to be approved by the Council, in the penal sum of Five Thousand Dollars ($[~000.O0)~ conditioned that such bidder for this franchise shall well and truly observe and faithfully perform each and every term and condition of such franchise, and that in case of any breach of condition of such bond~ the whole amount of the penal sum therein named shall be taken and deemed to be liquidated damages and shall be recoverable from the principal and surety upon such bond~ provided~ however~ that the legislative body of the City shall have power to waive action on the bond~ and in lieu thereof, declare the' franchise forfeited. In case' such bond. be not so filed within thirty (30) days after the effective date of this ordinance, the award of the franchise shall be set aside and any money deposited in connection with the awarding of the franchise shall be forfeited° SECTION 10. The City shall have the right: at all reasonable times~ to examine all the books~ vouchers~ records and other papers of the grantee. Refusal of grantee to produce the same at any reasonable time for examination~ by the City ~Auditor or other agent appointed by the Council~ shall work a forfeiture of~ said franchise. SECTION ll. No transfer~ assignment or lease~ or attempted transfer~ assignment or lease of this franchise or of any rights~ privilege~ or interest therein to any person~ firm or corporation shall have any force~ effect or validity unless and until: (1) Grantee shall have duly execu.ted a good and sufficient instrument making such transfer~ assignment or lease~ and a duplicate original thereof shall have been filed in the office of the City Clerk. (2) .An ordinance of City consenting to such transfer~ assign- ment or lease shall have been duly adopted and become effective (such consent~ however~ not to be unreasonably withheld if the transferee~ assignee or lessee shall be a responsible public carrier). (3) The transferee, assignee~ or lessee shall have duly executed a good and sufficient instrument· accepting such transfer~ assignment or lease and assuming all the obligations of grantee under this franchise, and an original thereof shall have been filed in the office of the City Clerk. Provided~ however~ that the terms of this section shall not apply to any mortgage or deed of trust made by the grantee (or by any person~. £irm~ or corporation under a transfer~ assignment or lease made in full accordance with the provisions of this section) in good faith to secure an issue or issues of bonds. ° SECTION 12. In the event grantee shall fail~ neglect or refuse to comply with any provision of this franchise~ the City shall give notice of such breach in writing to the grantee at 100 E. 19th Street~ Bakers- field, California~ or at such other address as grantee shall locate its princiPal place of business in the State of California~ (provided written notice thereof is f'iled with the City Clerk) and if said grantee fails to remedy such breach within thirty (30) days'from the date of service of said notice~ then this franchise and all rights and privileges thereunder shall immediately forfeit and' terminate. Suspension of service due to strikes~ lockouts~ acts of God or of public enemies, or any other cause beyond the control of grantee shall not be considered a breach of the conditions of this grant within the meaning of this section, and shall not work a forfeiture of this franchise. No provision herein made for the purpose of securing the enforcement of the terms and conditions of this franchise shall be .deemed an exclusive remedy or to afford the exclusive procedure for the enforcement of said terms and conditi0ns~ but the remedies and procedure outlined or provided for herein~ including forfeiture~ shall be deemed to be cumulative. SECTION 13. Upon the annexation of any territory to the city~ the portion of any of the transportation system operated by the grantee that may be located within such annexed territory shall thereafter be subject to all the terms of this grant as though it were an extension made hereunder. SECTION 14. The granting of this franchise will be conditioned upon the grantee filing with the City Clerk~ at least ten (10) days before the a wri'tten instrument in form satis- effective date of this ordinance~ 7. factory to the City .&ttorney~ accepting the franchise and agreeing to perform and be bound by each and all of the terms and conditions thereof. This'ordinance shall become effective immediately upon the expiration of the franchise granted to Bakersfield & Kern Electric Railway Company~ a corporation~ by the provisions of Ordinance No. 674 New Series~ of the City of Bakersfield. ,o Oo I HEREBY' CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held On the 22nd day of December~ 1947~ by the following vote: City C io Clerk of the Council of the City of Bakersfield. qx ,. r _._ the City of Bakersfield. · 8. 'STATE OF CALIFORNIA! ; County of Kern ~ ss. ,~ V. VAN RIPER, being duly sworn, deposes and says: That he is the duly appointed, acting and qualified Clerk of the City of Bakersfield; and that on ....... .P..e...c...e..m...b...e..r.. .......... .?~_..~. ........... ,19~...~. .... he posted on the Bulletin Board at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on .Dec.e. mber 22 19.-4-.?..., which ordinance was numbered.. New S ".&N 0RDIN&NCE GRAIffING TO BAKERSFIELD &IVD KERN ELECTRIC RAIL¥~&Y CO~PANY~ ITS SUCCESSORS ~ &SSIGNS~ A FR&NCHISE FOR THE TER~,~ ~REIN&FTER ST.&TED~ FOR A SYST~ OF ~0TOR COACH LI~S FOR T~ TRANSPORTATION OF P&SSENGERS IN T~ CITY OF B&I~RSFI~D~ C.~IFORNI~ - SU~sc~d and sworn to before me this ~ ~ - 's-~'~ ............. ~ ...................... ~ ...... 19 ..... ~.. ~¥. ~ ~~'w~j5 ................... :--: ..................................... ~ ........... Notary Pubhc m and for the County of Kern State of Cahforma. My C,mm~ssion ~r~