224ORDINANCE NO. 224
AN ORDINANCE GRANTING A PUBLIC TRANSPORTATION
FRANCHISE; SETTING FORTH THE PERIOD OF SAID GRANT;
THE CONDITIONS UPON WHICH THE FRANCHISE IS GRANTED;
SETTING FORTH A FIXED ROUTE OVER WHICH PUBLIC
TRANSPORTATION FACILITY MAY OPERATE; FIXING MAXIMUM
CHARGE OF SAID PUBLIC TRANSPORTATION FACILITY ; ADOT�®
PROVIDING RULES AND REGULATIONS FOR THE PUBLIC.
OPERATION OF SAID TRANSPORTATION FACILII #i ANl
RESERVING THE RIGHT AND AUTHORITY OF SAID CITY TO
CANCEL SAID FRANCHISE.
BE IT ENACTED BY THE PEOPLE OF THE CITY OF EDGEWATER, FLORIDA:
SECTION 1. Pursuant to authority granted the City Council of
the City of Edgewater, Volusia County, Florida, William L. Smith,
who resides at 1800 North Peninsular Avenue, New Smyrna Beach,
Florida, is hereby granted the right and privilege (but not exclusive)
of operating a public transportation facility over the streets and
thoroughfares of said city, as will hereinafter more definitely be
set forth, for a period of five years unless sooner cancelled or
revoked by the City Council in accordance with the provisions of
this Ordinance as will be hereinafter set forth.
SECTION 2. Route: Commence at the North City Limits, thence
to the South City Limits on Ridgewood Avenue, return to Ocean Avenue,
thence West on Ocean Avenue to Flagler Avenue, thence South on
Flagler Avenue to Alice, thence back to Flagler and North on Flagler
to Park Avenue, thence East on Park Avenue to Ridgewood Avenue,
thence North on Ridgewood Avenue to City Limits, making a round
trip ohce each hour, commencing at 7:00 o'clock A. M. until 7:00
o1clock P. M., except during the hours of 12:00 o'clock M to 1:00
O'clock P. M., not less than six days each week. PROVIDED, HOWEVER,
that William F. Smith, owner and holder of the franchise herein
granted shall have the right and privilege of furnishing bus or
transportation service to and from public gatherings in the City
of Edgewater Florida, of any religious, fraternal or civic organiza-
tions where large numbers of people are gathered, and may adapt his
schedule to conform to the time and place of such public gathering
or meeting; PROVIDED, FURTHER tgat the holder of this franchise may
change the established route as hereinabove set forth by posting
at the City Hall a schedule showing the proposed route upon which
change the City Council shall set a date for public hearing, at
which hearing the council will then consider the schedule change
and either approve, modify or disapprove it. The time and pk ce
of such public hearing shall be published in a newspaper of general
circulation within the d;tty of Edgewater, Florida, one time, at
least seven days prior to the said hearing. Said notice shall not
include the proposed changes and the cost of said publication shall
be borne by the holder of this franchise.
SECTION 3. The grantee under this franchise shall not charge
a greater sum than 25d for a passenger riding the full length or any
part thereof, of the route hereinabove established, one way, PROVIDED,
HOWEVER, that the holder of this franchise may increase the passenger
fare to a maximum of 301 in the event the rates for his liability
Insurance are increased.
SECTION 4. The grantee under this franchise shall at all times
carry public liability insurance in amounts of not less than $10,000.00-
$20,000.00 - $5,000.00 with a recognized and reputable insurance
carrier. The privilege herein granted being upon the express con-
ditions that said grantee shall be liable for all damages or injury
to persons or property caused by the neglect or mismanagement of the
grantee or any of his employees while engaged in the operation of
the public utility transportation facility; and will at all times
keep evidence of such insurance filed with the City Clerk of the City of
Edgewater, Florida.
SECTION 5. The bus utilized by the grantee shall at all times
be kept In a clean condition and good mechanical condition and shall
be subject to inspection by any official so designated by the City
Council of the City of Edgewater, Florida, at any time.
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SECTION 6. The grantee under this franchise shall, within
the end of his fiscal year, file with the City Council a report of
the preceding fiscal year showing gross revenue, net profits,
expenses of repairs, betterments and additions, amount paid for
salaries, amount paid for interest and discount, and other expenses
of operation and such other information, if any, as the City Council
may from time to time prescribe, and the City Council or its author-
ised representative shall at any and all reasonable times have access
to all the books, records and papers of the grantee under this franchise.
SECTION 7. The rights and privileges granted hereunder shall
not be transferable without the written consent of the City Council.
SECTION 8. The grantee under this grant of franchise shall
comply with all City and State rules and traffic regulations.
SECTION 9. This Ordinance may be declared null and void and
the rights and privileges hereby granted forfeited in the case of
the trantee's refusing or neglecting, after five days notice, to
perform the conditions herein specified on his part to be performed.
In the event the City should receive an application for grant of
franchise covering an area greater than that covered by this franchise,
the City may, within thirty days, cancel the franchise granted here-
under, giving to the grantee, however, the right and privilege of
making an Ep plication for grant of franchise covering the greater
area, provided he, at that time, can meet all of the obligations
for furnishing equipment and financial backing that is available to
the applicant who has applied for a franchise to serve a greater area.
SECTION 10. Nothing contained in this Ordinance shall be
considered as relieving the grantee of the necessity of obtaining
occupational licenses in accordance with the provisions of the
City's occupational licensing ordinance.
SECTION 11. That all ordinances or parts of ordinances in
conflict herewith be and the same hereby are repealed.
SECTION 12. 'hat this ordinance shall take effect immediately
upon its passage and approval of the Mayor.
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The above ordinance was read in full and passed by vote of
the City Council of the City of Edgewater, Florida, at a regular
meeting of said Council held on the 20th day of April, 1959.
Upon motion duly made, seconded and carried, the requirement
of reading said ordinance upon second reading was waived and the
ordinance was ordered put upon final passage.
Passed by vote of the City Council of the City of Edgewater,
Florida, at a regular meeting of said Council held on the 20th day
of April, 1959, And approved as provided by law, the vote of said
Council being as follows:
Approved this April 20, 1959. L
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