HomeMy WebLinkAbout9180
1 RESOLUTION NO. t!J'/ 5' tJ
2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN
3 SAID CITY AND HIGHIAND-PATrON BUS LINES RElATING TO THE PROVIDING
OF BUS PASSENGER SERVICE IN THE HIGHlAND-PATTON AREA PRESENTLY
4 SERVED BY SAID LINES.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
6
7
SECTION ONE: That the City of San Bernardino execute an
agreement between said City and Highland-Patton Bus Lines relating
to the providing of bus passenger service in the Highland-Patton
area presently served by said lines.
SECTION TWO: That said agreement, a copy of which is
attached hereto, marked Exhibit "A" and referred to and made a
part hereof as fully as though set forth at length herein, is
hereby approved.
SECTION THREE: That the Mayor of the City of San Bernar-
8
9
10
11
12
13
14
15
16
dino is hereby authorized and directed to execute said agreement
17
on behalf of said City.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San Bernar-
di:O at a?1/ ~~//"'#,,/ ""/L/.6A) meeting ther~of, held on t~e
/c-t;zi day of P::Il'ff/ , 1968 by the followmg vot~ t~ w~t:
AYES : Cob:ncilmen~fi~
18
19
20
21
22
23
-p~ <'
,;?;J.7? (}
~~ l---'
24
NOES:
ABSENT :
25
26
()~A' ~ q:-~
City Cler
I
hereby approved this /I,I~
day
27
28
The foregoing
_/
,;));;,,4-
f
resolution is
, 1968.
Ma~~~i~~~'rnardinO
F" ~ t'".. E D
29
of
30
31
Approved as to form:
~.~c.:
1.;1 y ney
MAY j G 1968
32
JACK T; FELTO ,City Clark
~<.
.'
-'
10
11
12
13
14
15
16
r
1
AGREEMENT
(bu';- ;;rvic-;; - pur~hase)
2
3
THIS AGREEMENT, made and entered into at San Bernardino,
h7 #1 ,19(,8 by and between the
CITY OF SAN BERNARDINO, a municip corporation, hereinafter re-
4
California, thisj.B,:h- day of
5
6
ferred to as "City", and HIGHLAND-PATTON BUS LINES, hereinafter
7
called "Carrier". both of whom understand as follows:
8
R E ~!.. 1:. ~ L S-,-
9
Whereas, the May<;>r of City and his committee have concluded
that the operation of a bus passenger transportation service in the
Highland-Patton area substantially benefits the City and its inhabitants by
bringing shoppers to the business areas of San Bernardino and by providing
necessary transportation to San Bernardino for working men, school
children and others; contributes to the economic activity of the City; and
Whereas, City desires to purchase the good will of Carrier
17
involved in the operation of a regularly scheduled bus pauenger service
18
19
in the area presently being served by the buses of Carrier; and
20
Whereas, Carrier is willing to cease and desist from any
21
further operation of its business as a bus carrier so long as City or its
22
successor in interest carries on a like business.
23
~ C!,.R E E M ~ N T:
24
1. City hereby agrees to purchase the good will of the Carrier
25
involved in the operation of a regularly scheduled public bus service of
26
27
Carrier for the sum of twenty-five thousand dollars ($25,000.00). payable
28
on May 20, 19(,8.
29
2. Carrier agrees and promises not to manage, operate, work,
30
or in any way carryon the business of a regularly scheduled public bus
31
passenger transportation service within the County of San Bernardino,
32
State of California, so long as City or any person deriving title to the
r;~ '7"
,,~
1
2
3
4
5
6
7
8
9
10
H
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
good will of the business agreed to be sold herein from City carryon a
like business therein; and Lloyd A. Van Steenwyk in his individual capacity
and Carrier agree not to use the buses or equipment of Carrier to so carry
on a like business in said County in competition with City except with the
approval of City; provided that Carrier and Lloyd A. Van Steenwyk m.ay
continue to perform the present Charter-Party Carrier of Passengers
service as authorized by the Public Utilities Conuniuion Class "A"
Certificate File No. TCP 95-A.
3. City agrees to honor and provide transportation to any
customer or patron of Carrier who has purchased or possesses a bus ticket
issued by Carrier prior to May 20, 1968 subject to the terms and conditions
of 8uch ticket; provided that Carrier shall reimbur8e City for the total
purcha8e price of each ticket for which transportation has been so provided.
4. Carrier agrees on or before May 20, 1968 to petition and
apply to, and obtain the approval of, the Public Utilitiea Conunission of
the State of California for authority to se11 its good will of the business
upon the terms and conditions and in the manner set forth in thiB agreement
whereby City will conunence bus passenger stage service to the public
instead and in the place of Carrier effective May 20, 1968.
5. Carrier hereby agrees to, and shall, hold City, its elective
and appointive boards, conunissions, officers, agents and employees,
harm.1e.s from any liability for dam.age or claims for damage for personal
injury, including death, as well as from claims for property dam.age which
may arise from Carrier's operations as a business, contractua.lliability
or alleged contractua.lliability, any breach or alleged breach of any contract
or any provision thereof, indebtedne8s, or any other cause or source
whatsoever, except as expressly stated in this agreement. Carrier agrees
to, and shall, defend City and its elective and appointive boards, commissions,
officers, agents and employees from any suits or actions at law or in equity
- 2 -
T
1
for damages caused, or alleged to have been caused, by reason of any of
2
the aforesaid matters.
3
If any section, paragraph, sentence, clause, phrase, or portion
4
of this agreement is invalid or shall be held to be invalid, s11ch invalidity
5
shall not affect the validity of the balance or remainder.
6
IN WITNESS WHEREOF, City and Carrier have executed this
7
agreement to be effective on the date first hereinabove written.
8
9
10
ATTEST:
CITY OF SAN BERNARDINO
11
dge/J fi!al
Mayor
12
i~kit f::
/ ity Clerk
r;;:~-
BY'
13
14
15
HIGHLAND - PATTON BUS LINES
16
17
By
18
President
19
By_
Vice President
20
21
By
Secretary-Treasurer
22
Approved as to form
r- /, , 1968.
23
~~~ ~($I~
City At rney'
24
25
26
27
28
29
30
31
32