Loading...
HomeMy WebLinkAboutORD 1360 FRANCITTSE OR-)INANCF NO. 1360 AN ORDINANCE GRANTING A 7ZANCHISE TO LAKE SHORE LTW S, INC. FOR TIE ESTABLTSH^?FNT, MAINTENANCE AND OPERATION OF A MOTOR AUS TRANSPORTATION SYSTEM IN TTIF CITY OF RENTON, FOR THE TRANSPORTATION 'TOR HIRE OF PASCENCFRS AS A COT��ON CAR+IER, ANI) FIXING THE TERMS AND CONDITIONS OF ' ?TCH GRANT. BE IT ORDAINED RY THE CITY COUNCIL OF THE '.TTY OF RENTON: Section I: DEFTNITION OF TERMS: Whenever used in this Ordinance the following terms shall have the meanings herein specified. The term "Company" means Lake Shore Lines, Inc., a corporation. The term "City Council" means the present governing body of the City, or the incumbents of any office hereafter created by law or by charter performinF, similar functions. The term "streets" means the streets, avenues, alleys, bridges, and other public ways in the City or within the J.0irisdiction of the City of Renton, however, they may be desi mated. The term "motor bus" means ary trackless vehicle propelled by power generated by Gasoline, oil or otherwise, but does not include any vehicle using overhead wires. Section 2: NATURE OF THE GRANT: The authority, right, privilege and franchise is hereby granted to the company for a period of five nears from and after the effective date of this Ordinance to establish, maintain, and operate a motor bus service for the transportation for hire of passenvers only, over the streets of the City of Renton and the area within its jurisdiction; all in accordance with the terms and conditions of this Ordinance; and only in accordance with routes and schedules as provided in Section 3 hereof, or as the same may be amended or revised from time to time in the manner provided in section 3 hereof. Section 3: SCHEDULES AND ROUTES: CHAN^FS: The Initial Schedules and Routes a�-!reed upon by the Company and the City Council shall be those set forth in the Company's Application, dated October 7, 1919, marked "City Tariff and Time Schedule No. 1" now on file with the City Clerk, reference being had iiereto. If at any time during the continuance of the franchise and rights herein -ranted, the Company shall desire to change or alter the Schedules and/or routes of service to be furnished hereunder, the Company shall file with the City Clerk six copies of a statement or "Amended Schedule" shoving in detail the changes proposed by it in routes or in time schedules, or in both; to7ether with written request for approval of such changps by the City Council. The same shall be presented by the City Clerk to the City Council at its next ensuing renular or special meeting. The City Council, if it does not consent to such proposed changes, shall be majority vote of its members present, within twenty-one (21) days after the filing thereof with the City Clerk, adopt a motion suspending same or indi- catinp its disapproval of or non-consent to such proposed chanF'es or amended schedule or any portion thereof; and thereupon the same or any disapproved portion thereof shall be deemed rejected and shall have no force or effect. 'Put if the City Council affirmatively consents to or if it fails to disapprove, reject, or suspend such proposed changes or amended schedules or a portion thereof, by motion adopted at a regular or special meeting within twenty-one (21) days after the same have been fled with the City Clerk as herein- above required, then so much of the proposed cbsn.-es or t-mended schedules as has not been by motion disapproved shall be deemed approved and accepted by the City Council; and there- upon if not withdrawn by the Company, the same shall upon expiration of twenty-one (21) days after such filing, be in force and effect as a revision of the initial schedules and/or routes described in Section 3 hereinabove. Section )j: FARES: The fare on all schedules within the limits of the City of Renton shall be ten (10¢) cents for one complete trip; except that the .fare to and from Maplewood may be fifteen cents (15¢). Fares to and from points outside the City limits of Renton shall be equal to and correspond at all times with tariffs now on file or hereafter filed by Lake Shore Lines, Inc., whether in its name or the name of any owned or controlled operation and which now are or may hereinafter be approved by the Department of Transportation of the State of Washington. SECTION K: BUS MARKIM S OR SIGNS: Busses of the Company shall be marked or bear suns adequately indicating routes and destination thereof. Section b: BUS ZONES: TYi City Council may at the request of the Company designate certain zones or areas as Bus Zones, and establish and enforce traffic rep7.0.ations to expedite the movement of the Company's busses. The cost of constructing s+ich Buxt Zones shall be borne by the Company. Section 7: IN`VRA.NCF;: The Company shall comply with all of the provisions of the statutes of the State of inrashington with reference to laibility and property damage insurance, and shall at all times ma'ntain in full force and effect all policies or bonds of liability insurance or property damage insurance or bonds to indemnify as are or may be required by the laws of the State of Washington, and shall keep same on .file with the proper officers of Vie Lity of Renton or the State of Idashington. Section 9: COMPANY TO SAW CITY HAWTF.SS: The Company shall at all times indemnify and save harmless the City of Renton from and against any and all damages, lawful claims and demands for injury to person or property which may be made against the City of Renton in any manner growing out of the ownership, maintenance or operation of the motor buses and any and all other equipment and structures of the Company, and in case suit shall be filed arainst the City of Rent, n either independently, or jointly with the company to recover for any such claims or damages, the Company upon notice to it by the City of Renton, shall defend the City of Renton anainst such action. Section 9: F'ZANCF!ISF FEF: The Company and its successors and assigns shall pay the City of Renton for the franchise and privileges granted herein an annual franchi a fee based lzpon a percentaTe of the gross proceeds received by the Company in the operation of their buses under this franchise, said fee to take effect from the date of operation under this franchise and be payable every two months thereafter. The percentage of the -ross proceeds above referred to shall be the same as that set up by the 'Tashington State 'department of Transportation in granting frac chises. It is understood by the Company and the City Council that the present state rate is one-fifth of one per cent (1/55 ofl�) and any increase or reduction in' the state rate will increase or de- crease the franchise rate herein. The City Council shall have the right to audit the books and accounts of the Company at any time for the purpose of ascertaining the gross earning of the Company under this franc Ase. Section 10: Frg17ETTURE OR VNCELZATTON: This franchise is granted on proposals submitted by the Company that it will and can furnish the s rvice as set out in Section 3, hereof, over the routes and on the schedules as therein set forth and the failure of the Company to pay the franchise fee or the failure of Vie Company for any reason to maintain the schedules and routes as established under Section 3 hereof shall., r=ive the City Council the right to declare a forfeiture of all of the rights and privileges granted under this franchise, provided, however, that the Company be first given a written notice of the violate of agreement and intent to declare a forfeiture and allowed a period of thirty (30) days to correct the violation or default. No forfeiture shall be declared if violation or default is caused by strikes, lockouts, civil disorders or acts of God. However, either party, the City Council or the Company, shall have the ri,-ht to termin- ate the franchise contradt and rights herein granted in their entirety, at any time, by giving written notice to the other party of intent to terminate same on a date stated in such notice; which notice must be liven to the City Clark or to a managing officer of the Company not less than sixty ('O) days prior to effective date of termination. Sale, assignment or transfer of the franchise or an interest in the Company by any method including operation of 1pw without the prior consent of the City Council by resolution shall c,ive the City Council the ri_-ht to declare a forfeiture of this franchise. Upon termination by forfeiture of this franchise all ri;^rhts and privileges of the Company in this franchise shall cease and the Company shall have no claims against the City of Renton. -2- Section 11: COMPANY MAY TV"AKF R^ASONAFLE R MMATIONS: The Company, its successors and assigns, shall have at any time and at all times the right to make such reasonable males and re�alations for the operation and mana7ement of its passen7er service as herein provided for, provided, however, that such rules and reHu- lations shall not conflict with the laws of the State of 1,,,?ashin-ton or the ordinances of the City of Renton. Section 12: ASSV'NMrNT, TRANSWR, FTC.: This franchise shall be deemed to be personal and no sale, assignment or transfer of the franchise, or an interest in the Company by any 1pthod including operation of law shall be valid or binding upon the City of Renton without the express consent of the City Council having first been obtained by resolution. Section 13: ACCEPTANCE Or FRANCHISE: This grant is made upon the express condition that the Company within fifteen (11�) days after the adoption of this Ordinance shall file with the Clork of the City of Renton a written acceptance of the same, and when so accepted by the Company shall co%struet a con- tract between the City of. Renton and the Company for all of the uses, services and purposes herein set forth, and the Company by its acceptance of this Ordinance binds itself to provide and maintain the necessary motor buses, and to establish, operate and maintain the trans- portation service contemplated in this Ordinance in accordance with the laws and statutes of the State of Washinpton and all rules and re,,ulations of the Department of Transportation of the State of Washin7ton now in effect or hereafter enacted or promulgated relr+tive to main- tenance nd care of equipment and passenger care, comfort and safety, bepinning not later than fifteen (15) days from the date of acceptance of this Ordinance by the Company, and continuing without substantial interruption except for causes beyond the control of the com- pany, until the expiration of the term of the =rant hereof, or its sooner termination in the manner hereinabove provided for. Section 14: EFT7ECTIVP DATF: This Ordinance shall be in full force and effect five days from and after its passage, approval and publication. Passed by the City Council this ?0th day of December, 1919. /s/ Wiley Crock City l•_rk Aorroved by the Mayor this 20th day of December, 19119. /s/ Joe R. paxter ay or Approved =s to form- /sl Arthur L. Haugen City Attorney Date of First Publication: december 29th, 1911 9.