HomeMy WebLinkAboutORD 621to . .40
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BILL N0.--L%3j:2—;7—
ORDINANCE NO.
BY
* * -* im ON.
* * * *
AN ORDINANCE GRANTING A FRANCHISE TO JIM VERMAAS,
SOLE O'�s OF' THE VERHAAS BUS LITIES, HIS SUCCESSORS
AND ASSIGNS, TO OPERATE PASSENGER BUSES ON THE PUBLIC
HIGH'��AYS OF THE CITY OF CALDWELL; FIXING THE TERM OF
SAID FRANCHISE; PROVIDING FOR THE FILING WITH THE CITY
CBERK BY THE GRANTEE OF PROPOSAL OF ROUTES TO BE
TRAVELED AND TIMES OF OPERATION, AND FARES; PROVIDING
FOR THE FILING VIJITH SAID CITY CLERK BY SAID GRANTEE OF
PROPOSAL CHANGING SAID SCHEDULE; PROVIDING THAT THE
MAYOR AND COUNCIL MAY DIRECT THE TIMES 'OF OPERATION
OF BUSES ON THE STREETS OVER WHICH THEY AR.E TO TRAVEL,
AND MAY ALSO FIX FARES TO BE CHARGED, ALL WITH DUE
REGARD TO THE EXPENSE OF OPERATION, COST OF EQUIPMENT
AND ANTICIPATED REVENUE; PROVIDING FOR THE FILING BY
THE GRANTEE !`TITH THE CITY CLERK OF A CERTIFICATE
SHOWING THAT THE GRANTEE HAS IN FORCE AND EFFECT
LIABILITY AND PROPERTY DAMAGE INSURANCE AND FIXING
THE AMOUNTS THEREOF; PROVIDI NG THAT SUCH INSURANCE
IS TO BE KEPT IN FORCE AT ALL TIMES, AND PROVIDING
FOR THE FORFEITURE OF THE FRANCHISE IN THE EVENT CP
FAILURE TO KEEP SAID INSURANCE IN EFFECT; PROVIDING
FOR THE MAINTAINING OF EQUIPMENT IN A SAFE CONDITION
FOR USE; PROVIDING THAT THE MAYOR AND COUNCIL MAY
ORDER THE GRANTEE TO PUT EqUIPMENT IN SAFE USE;
PROVIDING THAT CONVEYANCES MAY NOT BE USED BY THE
GRANTEE AS ARE IN THE OPINION OF THE MAYOR AND
COUNCIL UNSAFE OR UNSUITABLE FOR PUBLIC USE; PROVIDING
FOR THE CANCELLATION OF THE FRANCHISE RIGHT CREATED
HEREUNDER, UPON NOTICE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CALDIELL,
IDAHO:
Im
DUNLAP III DUNLAP
LAWYERS
811 MAIN ST.
CALDWELL. IDAHO
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DUNLAP & DUNLAP
LAWYERS
811 MAIN ST.
\LOWELL. IDAHO
so
There is hereby granted to JIM VERIVIkAS, sole owner of
the Vermaas bus Lines, his successors and assigns, hereinafter
designated grantee, the right and privilege to operate passenger
buses for the conveyance of passengers over and upon the streets,
roads, avenues, and alleys of the City of Caldwell, for the length
of time, and in accordance with the terms and conditions, as
provided by this ordinance.
The privilege and franchise herein granted, shallbe
for a period of five years, from and after the s- day of
�- c �s�,r✓1 ,19 unless sooner revoked by the Mayor
and Council of said City, as hereinafter provided.
Upon the passage of this ordinance, the said grantoo
shall file with the Clary of said City, a proposal of the routes
to be traveled by said conveyances in said City, designating therei
the public ways to be so traveled and the times that are proposed
to operate said conveyances over said routes, also fares to be
charged to the public for such transportation, and thereafter, if
the grantee finds it advisable to make any changes in said proposal
he shall file a new proposal designating said changes, and said
proposals as filed, shall at all times be complied with by the
grantee. The Mayor and Council may, in the interest of the public
and if in their opinion public necessity requires, direct the
times of the operation of buses, and streets over which they are
to be traveled, and may also fix fares to be charged for such
am
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I
L_7
transportation, all with due regard to the expense of the operation
of such vehicles, and revenue to be derived therefrom, and for this
purpose the grantee, If required, shall furnish a detailed state-
ment of the cost of equipment, cost of maintenance, and operation,
and anticipated revenue, and said statement shall be taken into
consideration in fixing said routes, times of operation of said
conveyances, and charges.
The Grantee shall, before proceeding under this ordin-
ance, file with the City Clerk, a certificate of some reputable
insurance agent, certifying that said grantee has in force and
effect, for the use and protect-lon of the public, public liability
Insurance of not less than x;7,500.00, for each person, and not
S tlop .0,:)0.06 I
less than -,I . for each accident, that may occur, and pro-
perty damage insurance of not less than 05,000.00, and such cer-
tificate shall state the name of the company or companies issuing
such policy or policies, the nuidber of said policy or policies,
the date thereof, and the expiration date thereof; such insurance
shall be kept in full force and effect at all times by the said
grantee and certificates showing said policy or policies to be in
full force and effect at all times shall be kept on file in the
office of the City Clark and failure on the part of the grantee to
keep in full force and effect said insurance, shall terminate and
cancel the franchise herein granted..
-3-
DUNLAP III DUNLAP
LAWYERS
811 MAIN ST.
CALDWELL, IDAHO
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32 11
DUNLAP & DUNLAP
LAWYERS
811 MAIN ST.
ALDWELL, IDAHO
•
Section 5,
0 0
The grantee shall, at all times, during the term of
this franchise, maintain his equipment in a safe condition, for
use for the purposes herein intended.
Section 6.
If, in the opinion of the Mayor and Council of said
City, the equipment maintained by the grantee for the use of the
public in operating the franchise herein granted, is not deemed
safe for Laid purpose, or not conveniently arranged ffor the use
of the public, then the Mayor and Council may-order the grantee
to put said equipment in a safe condition, and in proper and con-
venient shape for the use of the public, and any vehicle so used
by the grantee in the operation of this franchise, may not be
operated hereunder if, in the opinion of the Mayor and Council,
such equipment is unsafe and not suitable for the convenient use
of the public.
Section 7.
Should the grantee fail to perform any of the condition
of the franchise herein granted, the same may upon order of the
Mayor and Council, and after ten days notice to the grantee, be
cancelled, and upon cancellation of this franchise, all rights
credted hereunder shall cease, but before such order of cancella-
tion, however, the grantee shall be given notice of intention to
forfeit, and in said notice shall be stated the reasons for for-
feiture, and if the objections of theCouncil as set forth in said
reasons shall be complied with in such time as may be provided by
Council, then such cancellation order may not be issued, but dur-
ing the interim no vehicle to which objection is made, may be used
ME
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60,1
). �
by the grantee without the specific wnsent of the Mayor and
Council.
PASSED BY THE COUITCTL, this day of
December, 1942.
APPROVED by the Council, this day of
December, 1942.
ATTEST:
i, r l'.� -, ,
1 Mayor ,
City Clerk.
IM
DUNLAP & DUNLA
LAWYERS
BI I MAIN ST.
CALDWELL, IDAHO