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HomeMy WebLinkAboutORD NO 789 ORDINANCE NO. ~ I~EW SERIES AN ORDINA~TCE GRAI~fING TO B.A/~ERSFIELD AI~D KERN ELECTRIC RAILWAY CONPANY~ ITS SUCCESSORS .AND .ASSIGNS, .A FRANCHISE FOR THE TEBIi HEREINAFTER STATED~ FOR .A SYSTE~! OF NOTOR CO.ACH LI~S FOR T~E TRANSPORTATION OF PASSENGERS IN THE CITY OF BA-KERSFIELD~ CALIFORNIA. BE IT ORDAIneD BY THE COUNCIL OF THE CITY OF .B&KERSFIELD~ as follows: SECTION 1 · When used in this ordinance, the following terms shall have the meaning herein specified: (a) The word "City" shall mean the City of Bakersfield, a municipal corporation of the State of California, in its present incorporated form or any reorganized, consolidated or reincorporated form. (b) The word "grantee" shall mean the Bakersfield and Kern Electric Railway Company, and its lawful 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 duly qualified 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 per- formed by that official. (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 "Public Utilities Commission" shall mean the Public Utilities Commission of the State of California or any state officer or board succeediD~ to its functions. (g) The words "City Nanager" shall mean the duly appointed and acting City Nanager of the City of Bakersfield or such person as may hereafter, by law, be authorized to perform the duties now bei~ performed by that official. SECTION 2. A franchise is hereby granted to Bakersfield and Kern Electric Railway Company~ its successors and assigns, for a term of fifteen (15) 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 ONE: Commencing at Nineteenth Street and Chester Avenue; thence southerly along Chester .Avenue to California .Avenue; thence westerly along California Avenue to Oleander .Avenue; thence southerly along Oleander Avenue to Brundage Lane; thence commencing at "A" Street from Second Street to Chester Lane; thence easterly alom4~ Chester Lane to Oleander Avenue; thence northerly along Ol'eander Avenue to California .Avenue; thence easterly along California Avenue to Chester Avenue; thence northerly along Chester .Avenue to Nineteenth Street; thence easterly alom~ Nineteenth Street to '~" Street; thence southerly along '~" 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 "M" Street; thence northerly on "M" 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 southerly on Chester .Avenue to Nineteenth Street. .ALTERNATE ROUTE: commencing at ".A" Street and Chester Lane; thence westerly along Chester Lane to Myrtle Street; thence northerly on Myrtle Street ~o...Sunset .Avenue; then. ce_e_a_s.t.erly along Sunset .Avenue to "C" Street; thence northerly along "C" Street to California .Avenue; thence westerly along California .Avenue to Oleander .Avenue. ROUTE TWO: Commencing at Bernard and Baker Streets; thence 0 southerly al6ng Baker Street to Nineteenth Street; thence westerly along Nineteenth Street to Elm Street; thence southerly alo~g Elm Street to Truxtun .Avenue; thence easterly along Truxtun .Avenue to "B" Streets thence northerly along "B" Street to Nineteenth Street; thence easterly along' Nineteenth Street to Baker Street; thence northerly along Baker Street to Bernard. ROUTE THREE: Commencing at Bernard and .Alta Vista Drive; 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 .Avenue; thence easterly along California .Avenue to Pershing Street; thence southerly alo~ Pershing Street to Eighth Street; thence westerly along Eighth Street to t~L" Street; thence southerly along "L" Street to Fourth Street; thence westerly on Fourth Street to Chester .Avenue; thence northerly along Chester Avenue to Thirtieth Street, easterly along Thirtieth Street and Pacific Street, and ~rtherly on .Alta Vista Drive to point of beginning. ' ROUTE FOUR: Commencing at Chester .Avenue and Thirty-Fourth Street; thence southerly along Chester .Avenue to Terrace Way; thence northerly from Terrace Way along Chester .Avenue 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 Dmrtherly along Baker Street to Flower Street; thence easterly along Flower Street to Owens Street; thence westerly along 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. ~TE~RNATE ROUTE: C~'mm~ncing at ~'n~teenth Street and Chester Avenue, thence easterly along Nineteen{h Street to Union .Avenue; thence northerly along Union Avenue to Niles' Street; thence easterly along Niles Street to Baker Street; thence northerly along Baker Street to Flower Street; thence easterly along Flower Street to Owens Street; thence westerly along Flower Street from Owens Street to Baker Street; thence southerly along Baker Street to Niles Street; thence westerly along Niles Street to Union .Avenue; thence southerly along Union .Avenue to Nineteenth Street; thence westerly on Nineteenth Street to Chester Avenue. 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 Myrtle Street; thence northerly along Myrtle Street to Sunset .Ave.; thence easterly along Sunset ,Avenue to "C" Stree,t; thence northerly along "C" Street to California Avenue; thence e. astsrly along California iAvenue to Chester .Avenue; thence northerly along Chester .Avenue to Thirty-fourth Street. ROUTE SEVEN: Commencing at Nineteenth Street and Chester .Avenue;' 'thence easterly along Nineteenth Street to '~" Street; thence southerly along "L" Street to Eighteenth Street; thence easterly along Eighteenth Street to Union avenue; thence southerly along Union .Avenue to California Avenue; thence northerly along Union .Avenue from California Avenue to Eighteenth Street; thence westerly along. Eighteenth Street to'Chester .Avenue; thence northerly along Chester .Avenue to Nineteenth Street. ROUTE EIGHT: Commencing 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 Street; 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 S~reet to "G" Street; thence southerly along "G" Street to Nineteenth Street; and over such changes in said routes an~ such new and additional routes v~thin the City as may be established from time to time by grantee with the consent of the Council of the City. SECTION S- Said motor coach service shall be the type of service ordinarily provided by first class street railway or motor coach companies. SECTION 4. Buses shall stop when necessary for the receipt or dis- charge 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 loading zones in compliance with the traffic laws of said City and the State of' California. SECTIO 5. The City shall not grant any franchise to a competing pas- senger motor coach line, 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 ordiD~nce. 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 accommodation of the public, including the right to pass and enforce ordiD~nces 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, 'sufficien~ and prope~ service and accommodations for the people and insure their safety, comfort and convenience, subject, however, to the power vested in the Public 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 its 6perations under this franchise, it shall serve a copy of its application upon the City Manager. Service of such copy shall be noted on the original application filed with the P~blic Utilities Commission. The City agrees that if at any time it shall institute pro- ceedings before the P~blic Utilities Commission for an order directing the grantee to establish~ abandon, extend or modify any route or routes, or establish any new route, to modify rates to be charged for service~ 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 th~ ~rantee: Service of such copy shall be noted on the original complaint filed with the Public Utilities Commission. SECTION ?. The grantee of this franchise~ its successors and assigns~ must during the life of this franchise, pay to the City one per cent (1%) of the gross annual receipts received by grantee under the exer- cise of this franchise for the transportatio~ of passengers from point to point within the limits of the City, am~ one per cent' (1%) of the gross annual receipts received by grantee for the transportation of passengers from points outside the City to points inside the City, and from points inside the City to points outside the Cit~. Said pay- merits shall be made annually on the 31st day of January of each year during the term of this franchise beginning with January 31, 1949, and. in the event said payment is not so made; said franchise shall be forfeited. 6. ;~henever during any calendar year, the gross annual receipts of the franchise holder from the transportation of passengers from point to point within the City shall constitute 80% or more of the gross annual receipts from the transportation of passengers from point 'to point within the City and across the boundary lines of the City, the payment to the City shall be two per cent (2%) of the total gross receipts from the transportation of passengers from point to point within the City. In such event no, other or additional payment will be required of the franchise holder. SECTION 8. On the 31st day of January of each year beginning v~th January 31, 1949, said grantee shall file v~th the City Clerk, its annual report in writing, ~erified by an officer of the grantee company$ said report shal~l 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 bo~ running to the City, to be approved by the Council, in the penal sum of Five Thousand Dollars ($5,000.00), 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 com~ition of such bond, the whole amount of the penal sum therei~named shall be taken ao~ 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, ~h~ award of the franchise shall be set aside a~ 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~ assign- ment or lease of this franchise or of any rights~ privllege~ or interest therein to any person, firm or corporation shall have any force, effect or validity unless and until: (1) Grantee shall have duly executed a good and sufficient instrument maki~ 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 fuly adopted and become effective (such consent, however, not bo 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, firm, 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 bo~s. 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 8 such breach in writing to the grantee at 100 E. !9th 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 filed 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 securi~ 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 condit!o.ns., but the remedies and procedure outlined or provided for herein, ':'ihcluding forfeiture, shall be deemed to be cumulative. SECTION 1.3. 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 thi:s grant as though it were an extension made hereunder. SECTION la. .The granting of this franchise will be conditioned upon the grantee filing with ~he City Clerk~ at least ten (10) days Before the a written instrument in form satis- effective date of this ordinance~ factory to the City .Attorney, accepting the franc~i~ ~d agreeing to perform and be bound by each and all of the terms ampi conditions thereof. SECTION This ordi~mnce shall become effective on the first day of September, 1948. ......... 000 ......... 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 19th day of JulY, 1948~ by the following vote: AYES: CARNAKIS, CROSS, KUEHN, RYDER, $1EMON, VANDERLEI, VERCAMMEN NOES: - -~ ........................................... J~JSE. NT:. ~ ........... ---- ~~~~_?~ce~ ' f t~e City Clerk an~ Ex-~0fficio Cleric o Council of the City of Bakersfield. 10. I STATE OF CALIFORNIAI County of Kern ~ ss. V. VAN RIPER, being duly sworn, deposes and says: 'l I That he is the duly appointed, ~-q:lng and qualified Clerk of the City of Bskemfleld; ,' ~ .and that on ............... ..,!...~..Y. .......... ..?....~... .............. , 19_.4:.8.., 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 ' I .at a meeting thereof duly held on ......... .~...~..~._]:..~. .............................. , 19.-4:..8..., which ordinance was numbered...~..~..7 ....... New Series, and entitled: { ".AN ORDINANCE GRANTING TO BAKERSFIELD AND If~_JZN ELECTRIC ~ , RAILWAY COMPANY, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE ;. FOR T!-IE TEHM HEREINAFTER STATED~ FOR .A SYSTEM OF MOTOR ; ~,, ,. COACH LINES FOR THE TRANSPORTATION OF PASSENGERS IN THE ' CI[P/' OF B~SFI~D, CI~IFORNIA." i I. .¢;.' .~: -' ..W'.~.~t. hbsci'tbed afld"i~wmrfi t~ 'b~fo~- - ~ ...... :~ -~. ......... day of ......... ~ , I9 -~ ~ _. ' ~[.~o~ry Pubhe in and for ~. 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