991_00001ORDINANCENO.991
ANORDINANCEOF THECITY OF MOSESLAKEGRANTINGA FRANCHISETOMOSESLAKECABCOMPANYD/B/A CITY BUSLINES,FORTHE ESTABLISH-MENT,MAINTENANCE,ANDOPERATIONOF A MOTORBUSTRANSPORTATIONSYSTEMINTHECITYOFMOSESLAKE,FORTHE TRANSPORTATIONFORHIREOFPASSENGERSASACOMMONCARRIER,ANDFIXING THETERMS=
ANDCONDITIONSOF SUCHGRANT.
I THE CITY COUNCILOF THE CITY OF MOSESLAKE,WASHINGTONDOORDAINAS FOLLOWS:
Section 1.Definition of Terms:Whenever used in this grant of franchise,thefollowingtermsshallhavethefollowingmeaning:
A.The term "company"means Moses Lake Cab Company d/b/a/City Bus Lines.
B.The term "city"means the City of Moses Lake,and whenever the term "city"isusedinaterritorialsense,it shall be held to refer to the territory includedwithinthecorporatelimitsofthecity,as the same may from time to timeexist,and to such additional territory as may,for the purpose of this ordin-ance,come under the jurisdiction of the city.
C.The term "City Council"means the present or future governing body of the city.
D.The term "street"shall mean the streets,avenues,alleys,bridges,and otherpublicwaysinthecity,however they may be designated.
E.The term "motorbus"means any trackless vehicle propelled by power generated bygasoline,oil,electricity or otherwise,but does not include any vehicle usingoverheadwire.
Section 2.Grant of Franchise:The authority,right,privilege,and franchise isherebygrantedtoMosesLakeCabCompanyd/b/a City Bus Lines to establish,main-tain,and operate a motorbus service for the transportation for hire of passengersibyvehiclespropelledbypowergeneratedbygasoline,oil,electricity,or other-wise,over and upon the streets of the city;all in accordance with the terms,conditions,and provisions of city ordinances now in effect or subsequently adopted.
Section 3.Routes:Operation under this franchise shall be upon and along certaindesignatedroutes,which shall be established,changed,extended,shortened,orabandonedbythecompanyorwhensuchconditionsrequirechangesberequestedbytheCityCouncil.
Section 4.Equipment:The character and type of transportation equipment shallconsistofmotorbusesgeneratedbygasoline,oil,electricity,or otherwise.
The number of motorbuses shall be of such size and seating capacity as to adequatelyfilltheneedsoftheroute.
The equipment shall be properly maintained and be safe,dependable,and in sanitarycondition,and shall in all respects meet the requirements imposed by the State ofWashington.
Section 5.Loading Areas Designated:Certain areas such as the curb on the righthandsideofthestreetbeyondvariousintersectionsmaybedesignatedbythecity,as it deems necessary from time to time,for the purpose of loading and dischargingpassengers.All expenses incurred by the city in marking said areas shall berefundedtothecitybythecompany.
I Section 6.Fares:Fares for services are to be defined by the companyand acceptedbytheCityCouncilbutinnocaseimposedonthecompanybythecitytotheextentthatthecompanycannotmakeafairprofit.
Ord.#991,Page 2
Section 7.Indemnification:The company shall at all times hold the city harmless
against any and all damages,claims,and demands for injuries to persons or property
which may be made against the city in any manner growing out of the ownership,
naintenance,or operation of the motorbuses and any and all other equipment of the
company,provided the city's negligence is not the proximate cause of the injury.
Section 8.Insurance:The companyshall comply with any and all liability insur-
ance requirements imposed upon inter-city and inter-county carriers by the State of
Washington.
Section 9.Franchise Non-Exclusive:This franchise and grant shall never be
construed as creating in or granting to the companyany exclusive grant,right,orfranchise,but it is expressly understood and agreed to be a non-exclusive franchise
however,additional franchise grants must be granted exclusively to provide needsthatpresentproviderscannotmeetaftergiventheopportunitytodoso.
Section 10.Franchise Fee:Since the franchise is non-exclusive,the companyshouldnotexperiencediscriminationastospecialfeesotherthanthosefees
required by other commercial businesses in the city and the city will establish
charges comparable to other commercial businesses in the city.
Section 11.Transfer of Franchise:No sale.Tease,assignment,or other transferofthisfranchiseshallbeeffectiveunlessanduntilthesameisapprovedbytheCityCounciloftheCityofMosesLake.Any proposed buyer,lessee,assignee,ortransfereeofthisfranchiseshall,if approved by the City Council,agree toperformalltheconditionsrequiredofthecompanyhereunder.In addition thereto,
any buyer,lessee,assignee,or transferee,approved by the City Council,shall be
required to file proof of abilit.y to discharge all obligations and liabilities
imposed upon the companyby this franchise.
Section 12.Forfeiture:The City Council may,at any time,declare a forfeiture
of this grant for a violation or a default by the companyof any of the termsherein;provided,however,that none of the terms of this grant shall be deemed tobeaviolationsuchastopermitforfeitureunlessthecompanyshallbefirstgiven
written notice of such violation or default which notice shall state with particu-
larity wherein such violation or default consists,and of the intent to declare aforfeiture.Thereafter,if such violation or default shall not be corrected and
continue for a period of more than 60 days after delivery or mailing to the companyofsuchwrittennotice,all of the rights and privileges had by the company under
the provisions of this ordinance may be forthwith declared forfeited and revoked.
Section 13.Invalidity -Severability:Each section of this grant and each part
of each section hereof is hereby declared to be an independent section or a part of
a section,and the holding of any section or part thereof to be unconstitutional,
void,illegal,ineffective,or contrary to the provisions of the charter of the
city or the amendments thereto,or the laws or constitutions of the State of Wash-
ington for any reason,shall not affect any other section or part of this ordinance.
Section 14.Charter and Laws Applicable:This ordinance is enacted and the grant
herein provided is made subject to all of the provisions of the charter of the
city,the ordinances of the city,and laws of the State of Washington,and the
companyshall be bound by each and every provision of such charter,ordinances,and
laws insofar as the same may be applicable herein,as though such provision wasexpresslywrittenandmadeapartofthisfranchisegrant.
Section 15.Acceptance of Franchise:This grant is made upon the express condition
that the company within 30 days after the effective date of this grant,shall file
with the clerk of the city a written certification of liability insurance.This
ordinance of a franchise grant shall constitute a contract between the city and the
companyfor all the uses,services,and purposes herein set forth.The company by
its acceptance of this franchise,binds itself to provide the necessary motorbuses
and to establish,operate and maintain the transportation services contemplated in
this ordinance beginning not later than 60 days from the date of acceptance of this
ordinance by the company,unless such acceptance is extended by the City Council,
and continuing thereafter without substantial interruption except for causes
beyond the control of the company,until the expiration of the term of the grant
herein.
Ord.#991,Page 3
Section 16.Termination by the Company:This franchise and contract may be termi-nated by the companyupon giving 60 days written notice of its desire to terminatesaidfranchise.The city may however shorten this 60 day time for good cause shownandthefranchiseshallbeforthwithterminatedandthecompanyshallnolongerbeliabletocomplywiththetermsandconditionsofthisfranchise.
Section 17.Effective Date:This ordinance shall take effect and be in force five
-(5)days after its passage and publication as provided by law.
PASSEDby the City Council of the City of Moses Lake.Washington,and APPROVEDbyiitsMayorthis23rddayofDecember,1980.
A yor
City Clerk
APP AS TO F0 :
i Attorney
Publish:12/31/80
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