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Minutes 09/28/1954
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Minutes 09/28/1954
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City Council
Meeting Date
9/28/1954
City Council - Category
Minutes
City Council - Type
General
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<br />Section 10. The compensation to be paid to the said City tor the privileges herein <br />granted and the use of its streets and other facilities by the holder of this franchise <br />shall be two per cent (2%) of the gross receipts derived from the carriage of passengers. <br />The Grantee shall pay for vehicle license tags as required by the City but may deduct the <br />amount paid for same in computing its liability to the City under said two per cent (2%) <br />of gross receipts derived fram the carriage of passengers. No other privilege or license <br />tflX except the regular ad valorem. property tax shall be levied by the City against Grantee. <br />.'-- .. person, firm, or corporation operating under this ordinance shall acquire any vested <br />;hts or interest in the streets and highways of the City of Martinsville. Grantee shall <br />ve the option of continuing under this franchise for an additional fifteen (15) years, <br />}I.L"ovided, the parties agree on the Cityls co.nsation for said period sixty (60) days <br />before the expiration of the first fifteen-year period. <br /> <br />'" <br />'" <br />o <br />'" <br />t'l <br />.. <br /> <br />Section 11. Upon the granting of this franchise and before proceeding to operate <br />thereunder, the said Grantee shall enter into a bond, with surety to be approved by the <br />City Attorney, in the penalty of not less than two thousand dollars (:)2,000.00) conditioned <br />that the operator under said franchise will conform and comply with the conditions of this <br />ordinance and of the franchise granted thereunder, and will indemnify and save harmless <br />the said City of Martinsville from any and all claims and demands on account ot injuries <br />~ damages occasioned by the negligence of the opera tor under said franchise , its agents <br />employees, under any and all operations under and pursuant to the terms of this <br />.aIlchise. Upon compliance with the terms of this section, a certificate allowing the <br />said Grantee to begin operations under the terms of this ordinance and the franchise <br />granted hereunder shall be issued and signed by the Mayor and by the Clerk of City Council. <br /> <br />Section 12. Grantee shall carry at all times during the tem of this franchise an <br />insurance policy to be approved by the City Attorney covering property damage of not less <br />than $10,000.00 and public liability insurance for personal injuries of not less than <br />$25,000.00 for one person, and $50,000.00 for one or more persons for one accident, on <br />each bus operated under this franchise. <br /> <br />" <br />0:: <br />o <br />;.; <br />"'i <br />~ <br />.. <br />Po. <br /> <br />" <br />~ <br />.. <br />Q <br />.E <br /> <br />" <br />"0 <br />-" <br />g m- Section 13. The Martinsville City Council, upon thirty days I notice, may require <br />-'j ~ he Grantee to show cause why his franchise should not be revoked for failing from an <br />~ i verall and community-wide standpoint to adequately meet the requirements of public <br />~ onvenience and necessity, commensurate with earning a fair return on the investment of <br />i <br />the business. In the event the Grantee fails to the satisf'action of the H.artinsville City <br />C01Jllcil to show cause why his franchise should not be revoked, the CounoillDRY institute <br />such appropriate action as it may deem necessary, in the Circuit Court of the City of <br />Martinsville, Virginia, for the revoking of said franchise, in part or in its entirety, <br />provided the Council shall act affirmatively on such a proposal at two meetings with an <br />interval of at least two weeks separating such meetings. <br /> <br />o <br />o <br /> <br />.t <br />'" <br />5 <br />:.J <br /> <br />Q <br />o <br />o <br />~ <br /> <br />Failure to meet the requirements of public convenience and necessity trom an overall <br />...a:tl.d community-wide standpoint, commensurate with earning a fair return on the investment <br />the business, shall include among other things: <br /> <br />u <br />" <br />~ <br /> <br />a. lo1aintaining schedules of fares of such a nature as to cause the <br />Company to earn more than the generally accepted fair rate of <br />return on the investment for any fiscal year. Standards rec- <br />ognized b.r the Virginia State Corporation Commission and/or <br />other similar public utility regulating bodies may be used in <br />establishing a fair rate of return on the investment. <br /> <br />b. Establishing schedules of fares that are unjustly discriminatory <br />with resp9ct to any section of the City or class of riders. <br /> <br />.- <br /> <br />c. Failing to adequately meet the reasonable demands of the <br />residents of any street or section of the City for bus service <br />even t:iOugh such service may be unprofitable, provided such <br />service will not unduly restrict service on other routes or <br />will not cause the Grantee to realize less than a fair return <br />from Granteels overall City-wide operations. <br />
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