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HomeMy WebLinkAbout0321NORDINANCE N0. 321 (New Series) AN ORDINANCE AMENDING SECTION 4 OF ORDINANCE N0. 224 (New Series) ENTITLED: "AN ORDINANCE GRANTING TO JOHN G. JONES A FRANCHISE TO ES- TABLISH, AND, FOR A PERIOD COM+LACING WITH THE EFFECTIVE DATE OF THIS ORDINANCE AND CON - TINUING FOR A PERIOD OF TWENTY YEARS THERE- AFTER, TO CONDUCT, MAINTAIN AND OPERATE, ON REGULAR SCHEDULES, INTRA- MUNICIPAL 1,10T OR BUS LINES FOR THE TRANSPORTATION OF PASSENGERS AND THEIR HAND BAGGAGE, FOR HIRE, WHOLLY WITH- IN THE CITY OF SAN LUIS OBISPO, OVER, UPON AND ALONG THE STREETS, HIGHWAYS, ALLEYS, BOULEVARDS, AVENUES, ROADS AND OTHER PUBLIC PLACES HEREIN - AFTER PRESCRIBED: FIXING THE COMPENSATION TO BE PAID TO THE CITY OF SAN LUIS OBISPO AND SPECIFY- ING THE TERICS AND CONDITIOVS OF SAID FRANCHISE ". BE IT ORDAINED by the Council of the City of San Luis Obispo as follows SECTION 1, Section 4 of Ordinance No. 224 (New Series), the title of which is set forth in the title of this ordinance, is hereby amended to read as follows: Sect ion 4. CO "SZPENSAT ION TO CITY: The oermi ssion and authority herein granted is upon the express condition that the grantee, as consideration therefor, shall pay to the City of San Luis Obispo Two (2) per cent of the gross annual receipts arising from the use, operation or possession of such franchise, including receipts from advertising, provided that no percentage shall be va.id from said gross annual receipts which are collected during the five year period commencing January 1, 1950 and ending December 31, 1954, but that thereafter such percentage shall be paid annually, and in event said payment is not made said franchise shall be for- feited. ing: The gross annual receipts shall not include the follow- (a) Those receipts derived from the operation of its motor busses under, in conformity with, or as contemplated by its license, if any, from the City of San Luis Obispo for the operation of autos for hire: (b) Rentals on equi.pment' leased to other companies; (c) Such miscellaneous receipts, if any, as may be -1 _ `/ i• received from sources which clearly do not result f roan operations under this franchise, but in case of doubt or uncertainty, such receipts shall be presumed to have been received by reason of its operations hereunder. The grantee shall file with the City Clerk within three (3) months after the expiration of each and every calendar year a statement or report, duly verified, showing in detail the total gross receipts of such grantee arising from the use, operation or du ing possession of this franchised' the calendar year immediately preced- ing such statement or report. For each calendar year subsequent to the calendar year 1954 such grantee shall pay to said city at the time of filing such statement, in lawful money of the United States, the aforesaid_ percentage of gross receipts for such calendar year covered by such statement. Any neglect, omission or refusal by said grantee to file such verified statement, or to pay said per- centage at the time and in the manner specified, shall be grounds for the declaration of a forfeiture of this franchise and of all rights of grantee hereunder. For the purpose of verifying such statement, the City of San Luis Obispo shall have the privilege of inspecting the books and records of the grantee at any and all reasonable times during office hours. SECTION 2. This ordinance, together with the Ayes and Noes, shall be published for two days before its final passage in the Telegram- Tribune, a daily newspaper printed, published and cir- culated in said City, and the same shall take effect and be in force thirty days after its final passage. INTRODUCED AND PASSED TO PRINT this day of , 1949, by the following vote: AYES: D.M.Carpenter,Wm.0. Hall, Timothy I.D14Reilly, Kline Williams ran oo C116 NOES: None ABSENT: None ATTEST: iii or. Finally ,passed this _�_ day of '/ 1949 upon the following roll call vote: jyES: D.M.Car.penter, Wm. 0. Hall,Timothy I. O'Reilly, Frank V Woods NOES: None ABSENT: Kline Williams ATTE ST: tv Clerk Mayor