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HomeMy WebLinkAboutOrdinances Book 9, Page 1011, No Ordinance NumberPage 1011 AN ORDINANCE AMENDING, REVISING, EXTENDING AND IRE -ORDAINING SECTIONS 11 AND 12 OF ARTICLE 1 OF AN ORDINANCE (ENTITLED, "AN ORDINANCE DIRECTING THE CITY MANAGER OF THE CITY OF PADUCAH, KENTUCKY, TO SELL A FRANCHISE AUTHORIZING THE PURCHASER TO MAINTAIN AND OPERATE MOTOR PASSENGER BUSSES OVER AND UPON THE STREETS, AVENUES AND PUBLIC WAYS IN THE CITY OF PADUCAH AND FIXING THE TERMS AND CONDITIONS OF THE EXERCISE OF SAID GRANT", WHICH WAS ADOPT --D BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH ON THE 6TH DAY OF APRIL 1936. BE IT ORDAINED BY THE BOARD OF COLUdISSIONERS MOF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That Sections 11 and 12 of an ordinance Il entitled, "AN ORDINANCE DIRECTING THE CITY MANAGER OF THE CITY OF PADUCAH, KENTUCKY, TO SELL A FRANCHISE AUTHORIZING THE PURCHASER ITO MAINTAIN AND OPERATE MOTOR PASSENGER BUSSES OVER AND UPON THE STREETS, AVENUES AND PUBLIC "JAYS IN THE CITY OF PADUCAH, AND FIXING THE TERMS AND CONDITIONS OF THE EXERCISE OF SAID GRANT", which was adopted by the Board of Commissi.,ners of the City of Paducah, on the 6th day of April, 1936, be amended, revised and re -adopted so that said sections as so amended, revised and re -adopted shall read as follows: "Section 11. The Grantee binds himself or itself by the acceptance lof this franchise to indemnify, keep and hold the City free and harmless from liability on account of injury or damage to all persons and property resulting from the operation and maintenance of motor bus transportation by Grantee under this franchise, and in the ;event that suit shall be brought against the City, either dependently or jointly with the Grantee herein on account thereof, the Grantee upon notice to him, or it, by the City Manager, shall (then defend the City in any such suit at the cost of said Grantee; and in the event of a final judgment being obtained against the City either dependantly or jointly with the Grantee, the Grantee shall pay such judgment and all costs of such suit and hold the City harmless therefrom." For the purpose of providing the indemnity herein provided, the Grantee shall execute and cause to be executed, and filed with the City a good and sufficient bond in the penal sum of $100,000 conditioned that the Grantee shall faithfully perform the conditions hereof, and which bond or renewals thereof Page 1012 be continued in force during the period of this franchise. The grantee shall further execute and cause to be 0 executed, and deliver to the City of Paducah a good and sufficient bond in the penal sum of 0-10,000.00, cnditioned that the grantee 'shall faithfully perform all the conditions of this franchise, by (supplying and furnishing adequate and sufficient motor transportatimi las contemplated in this franchise during the life of said franchise, and will cause said bond or renewals thereof to be continued in force throughout the life of this franchise, and which bond and renewals thereof shall be filed A th the City of Paducah, and kept i !on file by said City, and said bond shall be so conditioned that II'pon the breach of the conditions thereof and of said bond by ',failure of the Grantee to furnish and continue adequate motor transportation as herein provided during the continuation of this franchise, that such violation and breach of the conditions hereof I constitute a forfeiture of said franchise and said sum of Z. $-la,000.00 so evidenced by said bond, shall be and become liquidated damages, and recovered by and paid to said City as liquidated damages for breach and violation of said franchise, provided, 4owever, that the provisions hereof with respect to the forfeiture ,of said franchise shall not be in effect until 90 days after the I. (Grantee has given written notice to the City of Paducah of its ;acceptance of said $anchise and the terms th%r.of. "Section 12. The Grantee shall obtain and file with the City I'Clerk-of the City and continue and keep in full force and effect ring the life of this franchise, liability insurance policy or licies or bond or bonds of indemnity, conditioned for the benefit persons suffering injury, loss or damage in person or property sulting from any negligent operation and maintenance of motor bus ansportation equipment of and by the Grantee. Such liability i licy or policies, indemnity bond or bonds, shall be in the sum of ' J! b li t more than #100,000.00, for the injury or death to any one person,', d not less than 0`100,000.00 for the death or injury to all persons fected by any one accident, such coverage to be for all trans- rtation vehicles used for service herein authorized, and not less "han 01,000.00 for the benefit of passengers and all persons lexcepting the Grantee herein, who may suffer property damage in any one accident resulting from the negligent operation and maintenance i; 0 i Iiof aforesaid motor bus transportation equipment, of and by the Grantee herein. Said insurance or bond or bonds to the amount required in this franchise shall be kept in full force and effect by the Grantee during the entire duration of this franchise." Pag a 1013 SECTION 2. This ordinance shall be in full force and effect 11from and after its adoption. May or / Passed by the Board of Commissioners, April 23, 1936 Recorded by Rudy Stewart, City Clerk, April 24, 1936 � z,