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.
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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,
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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.
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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.
/
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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
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