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HomeMy WebLinkAboutOrdinances Book 9, Page 1025, No Ordinance NumberPage 1025 AN ORDINANCE ASIENDING, REVISING, EXTENDING AND RE—ORDAINI SECTIONS 11 AND 12 OF ARTICLE I OF AN ORDINANCE ENTITLED, "A1\1 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 TERNS AND CONDITIONS OF THs EXERCISE OF SAID GRANT", VdHICH 17AS ADOPTED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH ON THE 6TH DAY OF APRIL, 1936. II BE IT ORDAINED BY THE BOARD OF COI.ZAISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That Sections 11 and 12 of an ordinance entitled, "AN ORDINANCE DIRECTING T13E CITY MANAGER OF THE CITY OF PADUCAH, KENTUCKY, TO SELL A FRANCHISE AUTHORIZING THE PU'iCHASER TO Nl.AIN= TAIN AND OPE ATE ZaOTOR PASSENGER BUSSES OVER AND UPON THE STR::ETS, AVENUES AND PUBLIC WAYS Iii THE CITY OF PADUCAH AND FIXING THE TEIt,IS AND CONDITIONS OF THE EXERCISE OF SAID GRANT", which was adopted by the Board of Commissioners 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 Ireal as follows: "Section 11. The Grantee binds himself or itself by the acceptance of this franchise to indemnify, keep and hold the C free and harmless from liability on account of injury or damage to all persons and property resulting from the pperation and maintenance of motor bus transportation by Grantee under this franchise, and in the event that suir shall be brought against the City, either dependantly or jointly with the Grantee herein on account thereof, the Grantee u_on notice to him, or it, by the City of eaducah, shall then defend the City in any such suit) at the cost of said Grantee; and in the event of a final judg- ment being obta_ned against the City either dependantly or joint y with the Grantee, the Grantee shall pay such judgment and all costs of such suit and hold the City harmless therefrom." The Grantee shall further execute and cause to be executed,i and deliver to the City of Paducah a good and sufficient bond in the penal sum of $5,000.00, conditioned that the Grantee shall faithfully perform all the conditions of this franchise, by supplying and furnishing adequate and sufficient motor trans- portation as contemplated in this franchise luring the life of Page 1026 II said franchise, and will cause said bond or renewals thereof to be continued in force throughout the life of this franchise, and i which bond and renewals thereof shall be filed with the City of Paducah, and kept on file by said City, and said bond shall be so conditioned that upon 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 con- tinuation of this franchise, that such violation and breach of i the conditions hereof shall constitute a forfeiture of said fran- chise and said sum of $5,000.00 so evidenced by said bond, shall be and become liquidated damaged, and recovered by and paid to said City as liquidated damages for breach and violation of said fran- chise, provided, however, that the provisions hereof with respect to the forfeiture of said franchise shall not be in effect until 90 days after the Grantee has given written notice to the City of Paducah of its acceptance of said franchise and the terms thereof.I "Section 12. The -Grantee shall obtain and file with the City Clerk of the City and continue and :ceep in full force and effect during the life of this franchise, liability insurance policy or ,policies or bond or bonds of indemnity, conditioned I for the benefit of persons suffering injury, loss or damage in person or property resulting from any negligent operation and maintenance of motor bus transportation equipTent of and by the G„antee. Such liability policy or policies, indemnity bond or bonds, shall be in the sum of not nore than $50,000.002 for the injury or death to any one person, and not less than $150.000,00 i for the death or injury to all persons affected by any one accident, such coverage to be for all transportation vehicles used for ecrville 1 herein authorized, and not less than $1,000.00 for the benefit of passengers and all persons excepting the Grantee herein, who may suffer property damage in any one accident resulting from the negligent operation and maintenance of aforesaid motor .:us transportation equipment, of and by the Grantee herein. Said insurance or bond or bonds to the amount required in this fran- chise shall be kept in full force and effect by the 8rantee i during the entire duration of this franchise." Such bonds or policies of, insurance as the Grantee is required hereby to execute and deliver to the City of Paducah, shall, as to form of bonds or policies, and the solvency of such Bonding and insurance Companies be subject to the approval of the Board of Coubaissioners of the City of Paducah. !I I� Page 1027 SECTION 2. All Sections, provisions and amendments of said ordinance heretofore adopted, and which are in conflict herewith, are, to the extent of such conflict hereby repealed. SECTION 3. This ordinance shall be in full force and effect from and after its adoption. Passed by the Board of Commissioners, April 27th, 1936. Recorded by Rudy Stewart, City Clerk, April 28th, 1936.