Loading...
Ordinance 1140 OFFICE OF THE CITY CLERK January 30, 1962 To: Mr. Joseph A. .vanick, City Attorney I am attaching for your approval bond No. S31286 of the American .Fire and Casualty Company, surety for The Miami Beach Railway Company in connection with their franchise. This replaces bond written by Pan American Surety Company. Cid. •6. r-.ait.a�-, R. Wm. L. Johnson p City Clerk 7;6- • AMERICAN FIRE AND CASUALTY COMPANY BOND NO. S 31286 AUTOMOBILE LIABILITY SELF-INSUROR"S BOND KNOW ALL MEN BY THESE PRESENTS, That THE MIAMI BEACH RAILWAY COMPANY as Principal and AMERICAN FIRE AND CASUALTY COMPANY a corporation duly authorized under the Laws of the State of Florida as Surety, are held and firmly bound unto THE CITY OF MIAMI BEACH, FLORIDA in the full and just aggregate sum of Twenty Thousand and No/100 Dollars ($20,000.00) current money of the United States, to the payment whereof we hereby bind ourselves and each of us, our and each of our successors and assigns, jointly and severally, firmly by these presents, sealed with our seals and dated this 27th day of December, A.D., 1961. WHEREAS, The above bounden THE MIAMI BEACH RAILWAY COMPANY did on the 5th day of November, A.D., 1954 enter into a Franchise - Agreement with the CITY OF MIAMI BEACH, FLORIDA for the operation of a transit system in the CITY OF MIAMI BEACH, FLORIDA. AND WHEREAS, The franchise states that the Grantee shall file with the City Clerk, and keep in full force and effect at all times during the period of this grant, adequate cash deposits or bonds or insurance policies, or a combination of same, to protect the public for injury, loss or damage to person or property by reason of the operation of a bus or motor vehicle employed as a part of the bus system provided for hereby, and provided that the Grantee shall be permitted to be self-insured in an amount not to exceed Twenty Thousand Dollars ($20,000.00) providing that the excess coverage over the amount shall be maintained with an insurance company acceptable to the City. NOW, THEREFORE, The condition of this obligation is such that if the bounden ' THE MIAMI BEACH RAILWAY COMPANY shall well and truly, from time to time, and at all times hereafter, abide by and perform all the requirements of the aforesaid Franchise with respects to maintaining an adequate self-insurance program by properly satisfying all claims for which it is held liable, then this obligation shall be void • otherwise to remain in full force and virtue in law. This Bond may be cancelled at any time by the Surety upon giving thirty (30) days' written notice to the CITY OF MIAMI BEACH, FLORIDA in which event the liability of the Surety shall, at the expiration of said thirty days, cease and determine except as to such liability of the Principal, as may have accrued prior to the expiration of said thirty days, it being understood that the Surety shall be liable, within the total aggregate penal sum mentioned herein, for the default of the Principal in fully discharging any liability on its part accruing during the life of this obligation. No claim, suit or action by reason of any default shall be brought against the Principal or Surety after the 26th day of December, A. D., 1963 nor shall recovery be had for damages accruing after that date; that service of writ of process commencing any such suit or action shall be made on or before such date; that the Principal shall be made a party to any such suit or action, and be served with process commencing the same if the Principal can with reasonable diligence be found; that no judgment shall be rendered against the Surety in excess of the penalty of this instrument. IN WITNESS WHEREOF, The said MIAMI BEACH RAILWAY COMPANY has caused Vic these presents to be executed by the signature of its President, and its corporate seal attached hereto, attested by its Secretary, and the said Surety has likewise caused these presents to be executed by the signature of its Attorney-In-Fact, and its corporate seal attached hereto, attested by its Secretary. Attest to ,Seal;-) THE MIAMI BEACH RAILWAY COMPANY �-i�/f�� �/ Per ` '�' ViCtsi t Secreta- d Attest to Seal: AMERICAN FIRE AND CASUALTY COMPANY Power of Attorney Attached Per Secretary Attorney-In-Fac COUNTERSIGNED: CLQ 'Ln . yc� l lorid licensed age, t Form POA CERTIFIED COPY S-063 AMERICAN 14 FIRE AND EwCA� Fire and Casualty Company LA.A,CASUALTY ORLANDO. FLORIDA Power No. 990-3�+6 POWER OF ATTORNEY lanotu X111 4ten by Zliese presents: That the AMERICAN FIRE AND CASUALTY COMPANY, a Corporation duly organized under the laws of the State of Florida, and having its principal office in the City of Orlando, County of Orange, State of Florida, hath made, constituted and appointed, and does by these presents make, constitute and appoint JOHN E. DO IG ofand State of F1 ri.d.; its tti}� d lawful Attorney(s)-in-Fact, with full poWer and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, ANY AND ALL BONDS NOT EXCEEDING IN AMOUNT TWO HUNDRED FIFTY THOUSAND AND NO/100 ($250,000.00) DOLLARS. and to bind the AMERICAN FIRE AND CASUALTY COMPANY thereby as fully and to the same extent as if such bonds were signed by the duly authorized officers of the AMERICAN FIRE AND CASUALTY COMPANY, and all acts of said Attorney(s)- in-Fact pursuant to the authority herein given, are hereby ratified and confirmed; with right of revocation in the premises. This power-of-Attorney is made and executed pursuant to and by authority of the following By-Law adopted by the Stockholders of the AMERICAN FIRE AND CASUALTY COMPANY at a meeting duly called and held on the 5th day of March A. D., 1945. "ARTICLE V, SECTION 10—"The President and/or Vice President may appoint attorneys-in-fart for the purpose of executing bonds, undertakings, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof." This Power Void If Altered or Erased. All authority hereby conferred shall terminate, without further notice, unless sooner revoked, at midnight of August 15 > 19:33 . In Witness h1rreof, the AMERICAN FIRE AND CASUALTY COMPANY has caused these presents to be signed by its President or Vice-President and Secretary or Assistant Secretary, and its Corporate Seal to be hereto affixed, this 2 day of January A. D., 19 62 . (CORPORATE) AMERICAN FIRE A D CASUALT) COMPANY (SEAL) Charles tt�est•Bouton� tant Secretary Charles E. Hagar, as Vice resident STATE OF FLORIDA, COUNTY OF ORANGE, ss: On the 2 day of January A. D., 19 62 before me personally appeared, Charles E. Hagar, Vice President and Charles P. Bouton, Assistant Secretary of the AMERICAN FIRE AND CASUALTY COMPANY to me known, who, being duly sworn, did depose and say; that they reside in the City of Orlando, State of Florida; that they are the said officers of the Company aforesaid, the Corporation described in and which executed the above instrument, that the seal affixed to the said instrument is the Corporate Seal of said Company and that it was so affixed by authority granted under the By-Laws of said Company and that they sign their names thereto by like order. (SEAL) `--RJ ^' Notary P blit Notary Public, State of Florida at Large My Commission Expires Feb. 2, 1963 STATE OF FLORIDA) ss: Bonded By American Fire& Casualty Co. COUNTY OF ORANGE) I, Dorothy C. Reel, Secretary of AMERICAN FIRE AND CASUALTY COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a power of attorney executed by said AMERICAN FIRE AND CASUALTY COMPANY, which is still in full force and effect. IN WITNESS ,HEREOF, I ave signed th' s certificate at Orlando, Florida, thi s 7 day of 1'11 l��`Ii , 19 &/ E & ��R 04 i c.W Wag Dorothy C.-,eel, Secretary Sal .o PAN AMERICAN SURETY COMPANY Bond No. D 216 AUTOMOBILE LIABILITY SELF-INSURER'S BOND KNOW ALL MEN BY THESE PRESENTS, That THE MIAMI BEACH RAILWAY COMPANY as Principal and PAN AMERICAN SURETY COMPANY a corporation duly authorized under the Laws of the State of Florida as Surety, are held and firmly bound unto THE CITY OF MIAMI BEACH, FLORIDA in the full and just aggregate sum of Twenty Thousand and No/100 Dollars ($20,000,00) current money of the United States, to the payment whereof we hereby bind ourselves and each of us, our and each of our successors and assigns, jointly and severally, firmly by these presents, sealed with our seals and dated this 27th day of December, A.D., 1960. WHEREAS, The above bounden THE MIAMI BEACH RAILWAY COMPANY did on the 5th day of November, A.D., 1954 enter into a Franchise - Agreement with the CITY OF MIAMI BEACH, FLORIDA for the operation of a transit system in the CITY OF MIAMI BEACH, FLORIDA. AND WHEREAS, The franchise states that the Grantee shall file with the City Clerk, and keep in full force and effect at all times during the period of this grant, adequate cash deposits or bonds or insurance policies, or a combination of same, to protect the public for injury, loss or damage to person or property by reason of the operation of a bus or motor vehicle employed as a part of the bus system provided for hereby, and provided that the Grantee shall be permitted to be self-insured in an amount not to exceed Twenty Thousand Dollars ($20,000.00) providing that the excess coverage over the amount shall be maintained with an insurance company acceptable to the City. NOW, TIEREFORE, The condition of this obligation is such that if the bounden THE MIAMI BEACH RAILWAY COMPANY shall well and truly, from time to time, and at all times hereafter, abide by and perform all the requirements of the aforesaid Franchise with respects to maintaining an adequate self-insurance program by properly satisfying all claims for which it is held liable, then this obligation shall be void otherwise to remain in full force and virtue in law. This Bond may be cancelled at any time by the Surety upon giving thirty (30) days' written notice to the CITY OF MIAMI BEACH, FLORIDA, in which event the liability of the Surety shall, at the expiration of said thirty days, cease and determine except as to such liability of the Principal, as may have accrued prior to the expiration of said thirty days, it being understood that the Surety shall be liable, within the total aggregate penal sum mentioned herein, for the default of the Principal in fully discharging any liability on its part accruing during the life of this obligation. No claim, suit or action by reason of any default shall be brought against the Principal or Surety after the 26th day of December,A.D., 1962 nor shall recovery be had for damages accruing after that date; that service of writ of process commencing any such suit or action shall be made on or before such date; that the Principal shall be made a party to any such suit or action, and be served with process commencing the same if the Principal can with reasonable diligence be found; that no judgment shall be rendered against the Surety in excess of the penalty of this instrument. IN WITNESS WHEREOF, The said MIAMI BEACH RAILWAY COMPANY has caused these presents to be executed by the signature of its President, and its corporate seal attached hereto, attested by its Secretary, and the said Surety has likewise caused these presents to be executed by the signature of its President, and its corporate seal attached hereto, attested by its Secretary. Attes Seal:,, THE MIAMI BEAC.IL AY COMPANY ( . ._ / Pe J Secretary f `Cie-President Attest to Seal: PAN AMERICAN SURETY COMPANY Pe Secretary Attorney-In-Fact COUNTERSIGNED: Florida Resident Agent rl'i ° ti# ' 30% / POWER -OF - ATTORNEY Pan American Surety Company WEST PALM BEACH, FLORIDA Power X° 10876 Bond No. " / 4 KNOW ALL MEN BY THESE PRESENTS: That PAN AMERICAN SURETY COMPANY, a corporation or- ganized and existing under the laws of Florida, with its principal place of business at 702 Comeau Building, West Palm Beach, Florida, has made, constituted and appointed, and by these presents does make, consti- tute and appoint J. E. DOIG its true and lawful attorney for it and in its name, place and stead to sign its name and or execute any and all papers necessary or incidental to the making of any and all kinds of fidelity and surety bonds within the State of Florida, giving and grhnt•ing unto its said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises as fully, to all intents and pur- poses, as it might or could do if personally present, with full power of substitution and revocation, here- by ratifying and confirming all that its said attorney or any substitute shall lawfully do or cause to be done by virtue hereof. IN WITNESS WHEREOF, the said corporation has hereunto caused these presents to be signed in its name by its proper officers, and its corporate seal to be affixed, attested by its assistant secretary, this ,�`...1 c�' day of .... :��: :,.....-._.i,19....!..<,,.. (Corporate a1) _-OUR 0 k,ft1^: PAN AMERICAN SURETY COMPANY (S ATTEST .Z.‘741<:--,,e.4,.-;,2,,e.G:;z --Lf / Oi .. Assistant Secretary ,Ac j $EAI, ', ice President 2\ /,.\-- Si sealed an. .el' • ed in presence of cr,' i946- ------- STATE OF FLORIDA COUNTY OF PALM BEACH BE IT KNOWN, That on the , day of - - , , , 19 ..-., before me, RUBY J. PEERSON, a Notary Public, in and for the State of Florida, duly commissioned and sworn, dwel- ling in the City of West Palm Beach, personally appeared EARL J. REED and ANITA GARDNER, Vice President and Assistant Secretary of PAN AMERICAN SURETY COMPANY, a corporation under the laws of the State of Florida, to me known to be the persons who signed the foregoing instrument as such officers :-•1w acknowledged the execution thereof to be their free act and deed as such officers for the uses a ia!+ u •d sederein mentioned and that they affixed thereto the official seal of said corporation, and that t s .`-nt is the act and deed of said corporation. co nn WI?" ry'.ignature at West Palm Beach in the County of Palm Beach and State of Florida the m I ty and ak l st aforesaid. O j .� 1� .– .'• SEAL) ,\ep��� aEary Public /DA AT \-.. Notary Public, State of Florida at Large My commission expires Mar. 12, 1964 @ondeQ kx Mass.Wang& Insurance Co, IOM—PIONEER PRESS-9.05 • a th th @X- ppp % A& Di DO4,0AW AA P�i�i�i�i OPA�AMPAAAAmi ' ♦o c M H 1 •m v o H Fy n m co to ' xi ; H H H m r e -I N n A' `C1 •H CI] LTJ p t D n r ',71 f9 n n zZ d O m N a r CO C H m h4 ON n W $ H H 0 H T g 4 0 &Iin O 0 rC/ CO a D H til n Ozo ! C �Y� 2 A 0 Z r • _ H • C) ' ie. _ 6nwwwww, ....... ... . . ... .. . . . . „ ^r'^vWVV e Uc.. • f ORDINANCE NO. 1140 AN ORDINANCE GRANTING TO THE MMIAMI BEACH RAILWAY COMPANY, A FLORIDA CORPORATION, AND TO ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO USE ALL PRESENT AND FUTURE STREETS, AVENUES AND OTHER PUBLIC HIGHWAYS IN THE CITY OF MIAMI BEACH AND ITS SUCCESSORS AND IN THE PRESENT OR FUTURE CORPORATE LIMITS THEREOF FOR AND DURING A PERIOD OF TWENTY (20) YEARS, FOR THE PURPOSE OF ESTABLISHING, OPERATING AND MAINTAINING A BUS SYSTEM FOR TRANSPORT- ING PASSENGERS FOR COMPENSATION, IN CONFORM- ITY WITH AND SUBJECT TO ALL PROVISIONS, TERMS AND CONDITIONS HEREIN RECITED. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH: Section 1 : GRANT - That, for the purpose of providing all persons in the City of Miami Beach (herein called the "City" ) with the benefits and advantages of a public mass transportation service, there is hereby granted to The Miami Beach Railway Company (herein called the "Grantee" ) , a Florida corporation with its :office and place of business in the City of Miami Beach and to its successors and assigns, the right to use all the present and future streets, avenues and other public highways in the City and its successors and in the present or future corporate limits thereof for and dur- ing a period of twenty (20) years from and after the effective date hereof, for the purpose of establishing, operating and maintaining a bus system (which term shall mean the organized and coordinated bus service provided for hereby, and all property owned, operated and maintained in the rendition thereof) for transporting passengers for compensation, the enjoyment and exercise of the right hereby granted to be at all times subject and subordinate to the dominant right of the public to use said streets, avenues and other public highways and to the lawful exercise of control by the City over the use thereof and in conformity with and subject to all provi- sions , terms and conditions hereinafter recited. That the City hereby reserves the right at and after the expiration of this grant to purchase the property of the Grantee used under this grant, as provided by the Laws of Florida in effect at time of Grantee 's acceptance hereof, including Section 167.22 of the Florida Statutes 1953, and as a condition precedent to the taking effect of this grant, Grantee shall give and grant to the City the right to purchase so reserved. Grantee shall be deemed to have agreed to all of the provisions of this Ordinance and to have given and granted such right of purchase so reserved by Grantee 's acceptance hereof, which shall be filed with the City Clerk within ten (10) days after this Ordinance takes effect. Section 2: INTER-CITY SERVICE - That, since it is the desire of the City that the bus service herein provided for shall be operated as part of a unified bus service extending throughout the entire Miami and Miami Beech metropolitan areas, the Grantee is hereby authorized and empowered to coordinate service within the City limits with existing suburban service, and to extend intra-city service to other municipalities and communities within the Miami and Miami Beach metropolitan areas . All buses (the term "buses" means the vehicles describ- ed and specified herein for the transportation of passengers hereunder) operated in metropolitan service shall, on signal, make all designated stops in the City and that passengers therein shall have the same transfer privileges as if the operation of such buses were confined to routes wholly within the City. - 1 - Section 3: CONSIDERATION FOR GRANT - That, for and in consideration of the grant by the City of all the several rights set forth in this Ordinance, and in consideration further of the enjoyment and exercise of such rights by the Grantee, the Grantee agrees and obligates itself to pay unto the City the following sums and amounts, subject to the terms and conditions herein stated: In full payment by the Grantee of any and all excise taxes which are or shall be levied by the City under existing or future ordinances for the privilege of using the public streets and other highways of the City in conducting and carrying on the business of transporting passen- gers for compensation in motor buses over said streets and highways, the Grantee shall pay annually to the City, in lawful money of the United States, a sum equal to one per cent (1%) of the gross annual receipts of the Grantee, which said gross annual receipts are hereby defined to mean the gross receipts from the transportation of passengers on all routes or charter trips operated entirely within the City, including, also, all revenue derived from advertising of any kind or character in connection with the operation of said buses within the City, and a portion of such receipts from all routes and trips oper- ated both inside and outside the City determined as follows : The total number of vehicle revenue miles operated by the Grantee during the accounting period both inside and outside the City shall be ascertained and the gross receipts from each such route and trip shall be apportioned on the basis of the number of vehicle revenue miles operated inside the City and the number of such miles operated outside the City. The portion allocated to operations inside the City shall be included in gross receipts and the portion allocated to operations outside the City shall be excluded. Advertising income shall be allocated on the same basis. The Grantee shall, on or before the 15th day of February of the year 1956 and each subsequent year during the term of this franchise, file with the City Clerk of said City an original and one copy of a statement of said gross annual receipts verified by the oath of the general manager, chief fiscal officer or other executive officer of said Grantee, in such form and detail as will inform the City of the amount of said gross annual receipts received by said Grantee during the twelve months preceding the first day of January of the year in which said statement is filed. Within ten (10) days after the filing of said statement said Grantee shall pay to the City a sum which shall equal one per cent (1%) of said gross annual receipts . The City, by its City Manager, or any certified pub- lic accountant designated by the City Manager, may at any reason- able time during business hours make examinations at the Grantee 's office or offices of any and all of its books and records, for the purpose of verifying the statement of any of the receipts herein provided for. Provided, however, that nothing herein contained shall be construed as relieving the Grantee from the payment of such ad valorem taxes upon its physical properties as may be levied by the City, the County of Dade, or the State of Florida. Section 4: RATES OF FARE AND TRANSFER PRIVILEGES - That, subject at all times to the provisions of this Ordinance and such changes or modifications as the City Council or such other govern- mental regulatory or governing authority, commission, body or agency in which rate regulatory power over the Grantee may be vested by law may make through the exercise of its rate regula- tory authority, the following rates of fare and transfer privi- leges shall govern and control the rendition of bus service hereunder: a. Cash fare for a single trip in the same general direction between any two (2) points within the City limits shall be fifteen cents ( 15¢) ; b. Token fare for a single trip in the same general direction between any two (2) points within the City limits shall be at the rate of two (2) tokens for twenty-five cents (25¢) ; - 2 c . The fare for any school child certified by proper authority for a single trip in the same general direction between any two (2) points within the City limits shall be at the rate of twenty (20) tickets for one dollar ($1 .00); d. No fare shall be collected for transporting any child under forty-two (42) inches in height when such child is accompanied by a paying passenger; e. No fare shall be collected for transporting any policemen or firemen in uniform while on duty for the city; f . Cash fare for a single trip between any point in the City and any point in the City of Miami, Florida, or between any point in the City of Miami and any point in the City shall be fifteen cents (15¢); g. Cash fare for a single trip between any point in the City and any point in the Town of Surfside or between any point in such Town and any point in the City shall be fifteen cents (15¢); h. Token fare for a single trip between any point in the City and any point in the City of Miami or the Town of Surfside or between any point in either the City of Miami or the Town of Surfside and the City shall be at the rate of two tokens for twenty- five cents (25¢); i. If requested at the time of payment of a ''cash fare" or a "token fare", a transfer shall be issued which shall entitle the passenger paying such fare to transportation without further charge, and by means of one continuous trip via any other route to a destination in the same gen- eral direction as the original journey. Regular transfer points shall be established at all route intersections or at points nearest to routes to which transfers are to be made . Section 5: BASE ROUTES - CHANGES IN - NEW ROUTES - OTHER ROUTES AND SERVICES - That, for the purpose of the Grantee main, taining and operating during the effective period hereof a uni- fied, citywide bus service and providing adequate service at all times throughout the effective period of this Ordinance, any base route now established by the Grantee may be changed or discon- tinued, or any new route may be added, at the initiation of either the City or the Grantee . No such change, discontinuance or addition shall be effectuated, however, until thirty (30) days after the party desiring the same shall have served written notice thereof upon the other, unless both parties shall mutual- ly agree that said thirty (30) days ' notice shall be waived or modified. In the event that the party receiving such notice shall not approve of the change, discontinuance or addition of route as proposed therein, such party shall forthwith file its written objections thereto with the party giving such notice. Thereupon, both parties shall make every effort to adjust their differences of opinion relative to such proposed change, dis- continuance or addition of route and upon their failure to reach an amicable agreement within five (5) days from the filing of said written objections, either party shall have the right to submit all matters in dispute to the governing body of the City which shall act in the matter by resolution. While any and all such matters in dispute are before the governing body of the City and until it so acts in the matter the status existing prior to the occurrence of such dispute shall be maintained by both the City and the Grantee . Provided, however, that the change or discontinuance of base routes or the adding of new routes or the action of the City under this ordinance shall not - 3 - defeat, impair or otherwise adversely affect this grant or the purpose thereof. That, in addition to the routes prescribed in this section, and for the purpose of providing convenient service in approximately full bus loads to and from industrial plants, exhibitions, fairs, games, entertainments and other similar public events, the Grantee shall have the right to operate motor buses over such direct special routes and from such points and over such streets and other highways as may be designated by the City Manager of the City. That, in addition to normal service and as conditions may from time to time require, the Grantee shall provide and furnish additional service known as "Tripper Service", at such times and over such routes as shall be necessary to furnish adequate service. SECTION 6: BUS STOPS AND LOADING ZONES - That buses operated under the prcvlsions of this Ordinan';e shall stop, upon signal, at stops designated by the City. Me City shall provide adequate space to permit the buses to come into stops with the front and rear doors parallel to curbs, where same exist, for the purpose of taking on and/or discharging passen- gers; that all bus stops shall be prominently identified with adequate painting of curbs or other markers, plainly showing same to be bus zones or bus stops. In the downtown district the City shall establish, mark off and maintain areas as "Bus Loading Zones", where the location of such zones is deemed necessary by the City Manager of the City. In providing for the establishment of such zones, the City shall pass ordi- nances and exercise due diligence in the enforcement thereof for the purpose of limiting the use of such zones to buses operated hereunder. SECTION 7: BUS EQUIPMENT REQUIREMENTS - That the following general requirements shall apply to all buses operated hereunder: a. No bus shall be operated for the rendition of any service hereunder (a) if the condition of such bus, in the opinion of a duly authorized representative of 'the City, . renders it unfit for such service; b. Each bus shall have a minimum seating capacity of seventeen (17) passengers and shall be of modern design, transit type, and propelled by power generated or contained within the bus itself; c . The lighting equipment of each bus shall fulfill the specifications of The American Transit En- gineering Association; d. All buses shall be painted alike according to a design and in a color or colors approved by the City; e . On the outside of each bus there shall be painted in letters sufficiently large to be clearly visible from a distance of seventy-five (75 ) feet: 1 . The name of the Grantee; 2. The identification number assigned to such bus by the Grantee, such number to be painted on all sides thereof; and f. On the inside of each bus there shall be painted, either above the windshield or upon the sign box, so as to be plainly visible, the identification number assigned to such bus by the Grantee . g. Each bus shall have prominently displayed on the front thereof, the route designation. -4- SECTION 8: CITY INSPECTION OF BUSES - That all buses operated hereunder shall be maintained in good repair so that they will be suitable and safe at all times for operation in public service . The Grantee shall permit the City to make such inspections of buses as the City shall deem necessary in the public interest, and shall comply in every respect with the provisions of all ordinances relating to the inspection of motor vehicles by the City. No bus shall be placed in service prior to inspection and approval of the condition thereof by the City. At the time of the first inspection and approval, the City shall adopt for each bus the same identification number assigned thereto by the Grantee, and such identification number shall not thereafter be changed so long as such bus is operated by the Grantee . Any bus which, upon inspection, shall be found to be unfit for operation hereunder shall imme- diately be withdrawn from service, and the Grantee shall not return such bus to service until all defects shall have been corrected and the bus shall have been inspected and approved by the City. SECTION 9: STANDARD OF EQUIPMENT AND SERVICE - MANAGEMENT - That the Grantee shall maintain at a high standard of operating efficiency all property comprising the bus system provided for hereby, and shall also maintain a standard and qual- ity of bus service adequate to meet all reasonable demands, when measured by the value and convenience thereof to the travel- ing public. In the event that the Grantee and the City shall at any time be unable to reach an agreement relative to any question of failure by the Grantee to maintain proper standards of service hereunder, or relative to any question of misuse of any right granted hereby, all matters in dispute shall be submitted to the governing body of the City, which shall act in the matter by resolution. SECTION 10: SYSTEM OF ACCOUNTS AND ACCOUNTING REPORTS - That the City shall have the right to prescribe the form of accounts to be maintained by the Grantee, and at any reason- able time to examine and audit said accounts and such other records of the Grantee as shall pertain to the value of all property used and useful, the revenues, and the operating ex- penses pertinent to the rendition of bus service hereunder. The Grantee shall prepare and shall file an annual statement with the City Clerk showing such value of property, revenues and operating expenses and such other information as the City may reasonably require of the Grantee . SECTION 11 : INDEMNITY TO CITY - PUBLIC LIABILITY - The City shall in no way be liable or responsible for any accident or damage that may occur in the operation and maintenance of Grantee 's bus system or bus service hereunder, and the acceptance of this Ordinance by Grantee shall be deemed an agree- ment on the part of Grantee to indemnify City and hold it harmless against any and all liability, loss, cost, damage or expense, which may accrue to City by reason of the neglect, default or misconduct of Grantee in the operation and maintenance of Grantee 's bus system or bus service hereunder. That the Grantee shall file with the City Clerk and keep in full force and effect at all times during the period of this grant adequate cash deposits, or bonds or insurance policies or a combination of same to protect the public for injury, loss or damage to person . or property by reason of the operation of a bus or motor vehicle employed as part of the bus system provided for hereby. The Grantee shall be permitted to be self-insurer in an amount not to exceed $20,000, providing that excess coverage over the amount shall be maintained with an insurance company acceptable to the City in the penal sum of not less than $300,000 for any one accident resulting in the death or injury to a person or persons or in damage to property. -5- SECTION 114: CITY TO HAVE REFUSAL. - That in the event the Grantee at any time prior to the expiration of the franchise granted hereby desires and decides to dispose of said franchise and its other assets it shall upon receipt of a valid and firm offer therefor submit the same to the City which shall have the privilege and first right and opportunity to purchase the franchise granted hereby and such other assets at the same price and on the same terms as shall have been fixed and agreed upon by and between the Grantee and the other offeror to the end that the City shall to the exclusion of every other person have the option, right and privilege of purchasing said franchise granted hereby and the other assets of the Grantee at the price and upon the terms validly and bonafidely offered by any other; provided, however, that the City must exercise such option within sixty days after receipt by the City of the terms and conditions of such pro- posed sale and if the option is exercised then the City will enter into a contract of purchase with the Grantee within such sixty day period which will bind the City to consummate such purchase within an additional period of thirty days unless bonds have to be validated for such purpose in which event the City will use its best efforts to validate such bonds with all reasonable dispatch. If the court after the City has used its best efforts to accomplish the same shall refuse to validate such bonds then the City will be absolved from all liability to purchase . In the event that the offer of another for the purchase of the property hereinabove referred to shall be met by the City, the City shall have the right to prepay any part of the purchase price without penalty or premium and its decision so to do shall not be deemed a variance between the offer made by another and the actual purchase contract made by the City. SECTION 12: FORFEITURE OR REVOCATION OF GRANT - That failure on the part of Grantee to comply in any substantial respect with any of the provisions of this Ordinance shall be grounds for a forfeiture of this grant, but no such forfeiture shall take effect if the reasonableness or propriety thereof is protested by Grantee until a court of competent jurisdiction (with right of appeal in either party) shall have found that Grantee has failed to comply in a substantial respect with any of the provisions of this franchise, and the Grantee shall have a reasonable period of time (which shall be fixed by such court in its decree ) after the final determination of the question to make good the default before a forfeiture shall result with the right in City at its discretion to grant such additional time to Grantee for compliance as necessities in the case require; provided, however, that the provisions of this section shall not be construed as impairing any alternative right or rights which the City may have with respect to the forfeiture of franchises under the Constitution or the general laws of Florida or the Charter of the City. Provided further that any violation or default resulting from a strike, a lockout, an act of God or any other cause beyond the control of the Grantee shall not constitute grounds for revoking and cancelling any rights hereunder. In the event that the Grantee, upon receipt of written notice from the City, should dispute or deny the existence of the violation or default therein asserted, the Grantee shall have the right, within said five-day period following the receipt of said notice, to submit all matters in dispute to the governing body of the City, which shall determine the matter and evidence such determination by resolution. SECTION 13: TERMINATION OF GRANT BY INSOLVENCY OR BANKRUPTCY OF GRANTEE - That, in the event of the insolvency or bankruptcy of the Grantee, the City shall have full power and authority to terminate, revoke and cancel any and all rights granted under the provisions of this Ordinance. -6- SECTION 14: That the right is reserved to the City to question by judicial review in any court having jurisdiction in the matter the reasonableness and propriety of any of the Grantee 's actions under any provision of this grant and similar right is so reserved to the Grantee to so question any of the City's actions under any provision of this grant. SECTION 15: NOTICES - That all notices which may be required hereunder shall be sufficient if sent by registered mail or by telegram to the then President of the Grantee at the address given as the place where its registered office is located, or to the then City Clerk of the City of Miami Beach, Florida. SECTION 16: EFFECTIVE DATE - This Ordinance shall take effect as soon as it has been approved by a majority of the qualified voters of the City of Miami Beach voting thereon at an election held for such purpose; but the effective date hereof shall not be less than forty (40) days after the final passage hereof. SECTION 17 : REPEALING SECTION - That all ordinances or parts of ordinances, insofar as they are inconsistent with or in conflict with the provisions of this Ordinance, be and the same are hereby repealed. SECTION 18: SAVING PROVISION - That, if any section, part of section, paragraph, sentence or clause of this Ordinance shall be adjudged by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of any other portion hereof, but shall be restricted and limited in its operation and effect to that specific portion hereof involved in the controversy in which such decision shall have been rendered. PASSED AND ADOPTED this 5th day of-November, A. D. '•54. / O /7 0-„...6...,...) - AI A i f Vice Mayor ATTEST: C. W. TOMLINSON, City Cler 1 BY: /4/0a. `,N Depu City Clerk ----- - 1st reading - October 27, 1954 2nd reading - October 27, 1954 3rd reading - November 5, 1954 POSTED - November 5, 1954 , STATE OF FLORIDA COUNTY OF DADE: I, C. W. TOMLINSON, City Clerk in and for the City of Miami Beach, Florida, do hereby certify that Ordinance No. 1140, entitled: "AN ORDINANCE GRANTING TO THE MIAMI BEACH RAILWAY COMPANY, A FLORIDA CORPORATION, AND TO ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO USE ALL PRESENT AND FUTURE STREETS, AVENUES AND OTHER PUBLIC HIGHWAYS IN THE CITY OF MIAMI BEACH AND ITS SUCCESSORS AND IN THE PRESENT OR FUTURE CORPORATE LIMITS THEREOF FOR AND DURING A PERIOD OF TWENTY (20) YEARS, FOR THE PURPOSE OF ESTABLISHING, OPERATING AND MAINTAINING A BUS SYSTEM FOR TRANSPORTING PASSENGERS FOR COMPENSATION, IN CONFORMITY WITH AND SUBJECT TO ALL PROVISIONS, TERMS AND CONDITIONS HEREIN RECITED", having been passed and adopted by the City Council of the City of Miami Beach, Florida, has been posted by me in three conspicuous places in the City of Miami Beach, one of which was at the door of the City Hall in said City on the 5th day of November, 1954 and that said Ordinance remained posted for a period of at least thirty days in accordance with the requirements of the City Charter of the said City of Miami Beach. IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of the City of Miami Beach, Florida, on this the 5th day of January, A. D. 1955. C . W. T i so(n,, City Clerk By /inn. Deputy Cit Clerk ACCEPTANCE OF CITY OF MIAMI BEACH BUS SYSTEM FRANCHISE ORDINANCE N0. 1140 December 16, 1954 City of Miami Beach Miami Beach, Florida The MiaTai Beach Railway Company does hereby accept Ordinance No. 1140, it being: "AN ORDINANCE GRANTING TO THE MIAMI BEACH RAILWAY COMPANY, A FLORIDA CORPORATION, AND TO ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO USE ALL PRESENT AND FUTURE STREETS, AVENUES AND OTHER PUBLIC HIGHIAYS IN THE CITY OF MIAMI BEACH AND ITS SUCCESSORS AND IN THE PRESENT OR FUTURE CORPORATE LIMITS THEREOF FOR AND DURING A PERIOD OF T.ENTY (20) YEARS, FOR THE PURPOSE OF ESTABLISHING, OPERATING AND MAIN- TAINING A BUS SYSTEM FOR TRNSPORTING PASSENGERS FOR COM- PENSATION, IN CONFORMITY WIT AND SUBJECT TO ALL PROVISIONS, TERMS AND CONDITIONS HEREIN RECITED." This instrument is filed with the City Clerk of the City of Miami Beach, Florida, in accordance with the provisions of Section 1 of said Ordinance. _\ i THE MIAMI BEACH RAILWAY C.MPANY r1 _ By hAtII =' William D. Pawley, President AT H. B.YrJ ty, Sec Mir / I hereby acknowledge receipt of the above Acceptance by The Miami Beach Railway Company of Ordinance No. 1140, it being: "AN ORDINANCE GRAATING TO THE ,IAMI BEACH RAILWAY COMPANY, A FLORIDA CORPORATION, AND TO ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO USE ALL PRESENT AND FUTURE STREETS, AVENUES AND OTHER PUBLIC HIGHWAYS IN THE CITY OF MIAMI BEACH AND ITS SUCCESSORS AND IN THE PRESENT OR FUTURE CORPORATE LIMITS THEREOF FOR AND DURING A PERIOD OF TWENTY (20) YEARS, FOR THE PURPOSE OF ESTABLISHING, OPERATING AND MAINTAINING A BUS SYSTEM FOR TRANSPORTING PASSENGERS FOR COMPENSATION, IN CONFORMITY `gITH AND SUBJECT TO ALL PRO- VISIONS, TERMS AND CONDITIONS HEREIN RECITED." and certify that I have filed the same for record in the permanent files and records of the City of Miami Beach, Florida, this 16th day of December, 1954. Cit' _erk, City of Miami Beach, Florida f cd ..a 0 � •r-I cd 16x3 r-i I74 cd 0 0 0