HomeMy WebLinkAboutORD 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~