HomeMy WebLinkAbout2888 AN ORDINANCE relating Go and regulating the
conveyance of passengers foT hire in the City
of Breme~ton and mePea~ing 0rdinances No. $70,
__~ $88, 770, 1232, 1631,~1661,~1783, Section 2
of~1557,..1~7~,~1733 and..1929, and any and all
other ordinances and parts of ordinances in
conflict herewith.
THE CITY OF BREMERTON DOES ORDAIN:
SECTIONS INDEX:
1. Definitions
2. License Required
3. License T~ansferred
~. Application rom License
5. Numbem of Taxicabs Licensed
6. Issuance of License
7. Liability Insurance Requimed
8. License Fee
9. License NoG Transferable
10. Suspension and Revocation of Licenses
11. D~ivem's Permit Requi~ed
12. Application rom Taxicab D~iver's Permit
13. Examination of Applicant
1~. Police Investigation of Applicant
15. Consideration of Application
16. Issuance of Taxicab D~ive~' s Pez~nit Duration
Fee - Tempomary Taxicab Driver's Permit
17. Display of Taxicab D~ive~'s Pez~nit Requited
18. Suspension and Revocation of D~ive~'s Per, it
19. Designation of Taxicabs
20. Taximeters
21. Taxicab Metem Rates
22. Rate Card Requimed
23. Non-meTemed Taxicabs (Temporary)
2~. Receipts
28. Refusal of Passenger %o Pay Fare Unlawful
25. Solicitation of PassengeTs
27. Receipt and discharge of Passengers on Sidewalk Only
28. Cruisin~ Unlawful
29. Restrictions on Numbe~ of Passengers
30. Refusal to Ca~Y Passengems - When Unlawful
31, Taxicab Stands and Loading Zones
32. Taxicab Service RequiTements
33. Manifests
3~. Police Depamtment to Enfomce O~dinance
35. Violations- Penalty
36. Severability
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SECTION 1. Definitions The following woDds and phDases
when used in this oDdinance have the meanings as set out heDein:
(a) LICENSE means that permission gDanted by the City
Council and issued by the City CleTk authoDizing the holdeT
theDeof to conduct a taxicab business in the City of BDemeDton.
(b) CRUISING means the dTiving of a taxicab on the stTeets,
alleys, oD public places of the City of BDemeDton in seaTch of,
or solicitation of pTospective passengeDs fop hide.
(c) TAXICAB DRIVER'S PERMIT means the permission gDanted by
the City of BDemeDton to a person to d~ive a taxicab upon the
stDeets of the City of B~emeDton.
(d) HOLDER means a person to whom a taxicab dDiveD's pez~nit
has been issued.
(e) MANIFEST means a daily DecoDd p~epaDed by a taxicab
dDiveD of all tDips made by said dDiveD showing time and place
of oTigin, destination, numbe~ of passengers, and the amount
of fade of each. tmip.
(f) TAXI LOADING ZONE means a public place alongside the
cuDb of a stDeet or elsewhere in the City of BDeme~Ton which has
been designated by the City Council, as ~esemved exclusively for
the use of taxicabs.
(g) RATE CARD means a card authoDized by the Commissioned of
Public Safety foT display in each taxicab which contains the rates
oT fade then in foTce.
(h) TAXICAB means a motom vehicle megulaDly engaged in
the business of caTTying passengeDs fop hiPe, having a seating
capacity of less than seven (7) peDsons and not opeDated on a fixed
~oute.
(i) FOR-HIRE CAR shall be held and construed to mean and include
every motoD vehicle having a seating capacity of seven passengers, or
more, as pet manufacturer's Dating, used foT the tDanspoDtation of
passengers for hide, and not opeTated over a fixed and defined route
exclusively.
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(j) SIGHT-SEEING CAR shall be held and construed to mean
and include every motor vehicle having a seating capacity of
seven or more passengers, used exclusively for sight-seeing
purposes, over a fixed or defined ~oute of travel, and cha~ging
a sum certain for each trip.
.S.,.ECTION 2' License R..e~u.i. red No person shall operate o~
pez~nit a taxicab owned or controlled by him to be operated as
a vehicle for hire upon the stmeets of the City of Breme~ton
without first having obtained a license f~om the City Council,
which shall be issued by the City Clerk.
SECTION 3. License Transferred No taxicab license shall
be tmansfe~able f~om one owne~ to another except in the case of
a bona fide sale of the business by the owner, and then only upon
the filing of an application with the City Clerk Tequesting
such transfer, which t~ansfeP shall be approved by the City Council.
The fee for such transfer of taxicab license shall be the sum of
Fifteen Dollars ($15,00) and shall be paid by the applicant
fo~ the transfem at the time such an application is filed. The
fee for the transfer of a taxicab license f~om one vehicle to
another vehicle shall be the sum of Five Dollars ($5.00) which
shall be paid at the time application for such transfer is made.
SECTION .~. Application fo~ Lice..nse An application for a
license shall be filed with the City Clerk upon foz~ns provided
by the City Clerk, and said application shall be verified under
oath and shall furnish-the following information:
(a) The na~e and address of the applicant.
(b) The financial status of the applicant, including
the amounts of all unpaid judgments against the applicant and
the nature of the transaction oT acts giving rise to said
judgment s,
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(c) The experience of the applicant in the transportation
of passengers.
(d) Any facts which the applicant believes tend to
pTove that public convenience and necessity requite the granting
of a license.
(e) The year, make and number of vehicles to be operated
or controlled by the applicant and the location of proposed
depots and terminals.
(f) The color scheme oT insignia to be used to designate
the vehicle or vehicles of the applicant.
(g) Such further information as the Commissioner of
Public Safety of the City of Bremerton may Tequire.
SECTION $. Number of Taxicabs Licensed The maximum number
of taxicab licenses which may be issued and outstanding
at any one time shall be based upon the public convenience,
need and necessity, and shall be determined by the City Council
afteT a public heating called foT that puTpose, taking into
consideration the following:
(a) The number of taxicabs already operating under permits;
(b) Whether the requirements of public convenience and
necessity can be met and complied with only by the issuance of
additional taxicab permits~
(c) The probable effect of increased service on local traffic
conditions$
(d) Whether the increased service would result in ruinous
competition~
(e) The effect on working conditions and wages paid to
drivers of taxicabs~
(f) Whether the additional service requested cannot best be
rendered by existing taxicab operators~
(g) The financial responsibility of the applicant;
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(h) The type ~nd condition of equipment proposed to be
operated~
(i) The character, experience, and responsibility of the
applicant and such other relevant facts as the City Council may
deem advisable, pertinent~ or necessary to aid in dete~nining
whether public convenience and necessity require the issuance
of additional taxicab permits.
The date of hearing shall be set by resolution of the City
Council and shall be held not less than fifteen (15), nor
mome than thimty ($0) days after date of publishing a notice
of same in a newspaper of general circulation within the
City of Brememton. The City Council may provide fom such othem
notice as it deems appmopmiate.
SECTION 6. Issuance of License If the City Council finds,
aftem public heaming, that furthem taxicab service in the City
of Bremerton is mequired for the public convenience, need and
necessity and that the applicant is fit, willing and able to
pemfo~m such public tmanspomtation and to confomm to the
p~ovisions of this omdinance and the mules promulgated by the
City Council, then the City Clemk shall issue a license stating
the name and addmess of the applicant, the ~ o~vehiclet
authorized under said license and the date of issuance; otherwise,
the application shall be denied.
SECTION 7. Liabi. lit~ Insurance Re~uimed No license shall
be issued o~ continued in opemation unless there is in full
foPce and effect a liability insumance policy issued by an
insurance company authomized to do business in the State of
Washington. Said policy shall pmovide for each vehicle authoPized,
in the minimum amount of Twenty Five Thousand Dollams ($25,000.00)
for bodily injuPy to any one pemson~ in the minimum amount of
Fifty Thousand Dollars ($50,000.00) fop injuries to more than
one person which are sustained in the same accident, and
Ten Thousand Dollams ($10,000.00) for property damage resulting
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from any one accident. Said insurance shall inure to the
benefit of any person who shall be injured or who shall sustain
damage to property proximately caused by the negligence of a
holder, his servants or agents. Said insurance policy shall
be filed in the office of the City Clerk prior to the granting
of the license.
SECTION 8. License Fee No license shall be issued or
continued in operation unless the holder thereof has paid an annual
license fee of 0ne Hundred Dollars (~100.00) for each year
for each vehicle operated under license. Said license fees
shall be for the ~ year and shall be in addition to
any other fees or charges established by proper authority and
applicable to said holder o~ thm vehicle om vehicles under
his operation and control.
SECTION 9. License Not T~ansferable No license may be
sold, assigned, mortgaged or otherwise t~ansfermed without the
consent of the City Council.
SECTION 10. SFs~pns~on and revocation of Licenses A
license may be revoked or suspended by the City Council if the
holder thereof has (a) violated any of the provisions of this
ordinance, (b) failed to operate under the particular license
gPanted for a period in excess of sixty (60) days, (c) violated
any of the ordinances of the City of Bremerton, the laws of the
State of Washington~ or of the United States, the violation of
which reflect unfavomably on the fitness of the holder to offer
public transpomtation.
Pmio~ to suspension om mevocation, the holdem shall be given
notice of the proposed action to be taken and shall have an
opportunity to be heamd at a public beaming called fo~ that purpose.
SECTION 11. D~iver's PeTmit .Re~ui~ed No pemson shall opeTate
a taxicab fo~ hiTe upon the stmeets of the City of Bmemerton, and
no person who owns om controls a taxicab shall permit it to be
so d~iven, and no taxicab licensed by the City of Bmememton shall
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be so driven at any time for hire, unless the driver of said
taxicab shall have first obtained and shall have then in force
a taxicab driver's permit issued under The provisions of this
Ordinance.
SECTION, ,12. Applic.ation f,o,,r, Tax,icab Driver's Permit An
application for a taxicab driver's permit shall be filed with
the City Clerk on forms provided by the City of Bremerton~ and
such application shall be verified under oath and shall contain
the following information:
(a) The names and addresses of four residents of the
City of Bremerton who have known the applicant and who will
vouch for the sobriety, honesty~ and general good character of
the applicant.
(b) A concise history of his employment.
(c) Pictures and fingerprints.
At the time the application is filed the applicant shall pay to
the Treasurer the sum of Ten Dollars ($10.00) which sum shall
be retained by the Treasurer whether a license is issued or
refused.
SECTION 13. Examination of Applicant Before any application
is finally passed upon by the City Council the applicant shall
show that he has a current motor vehicle operator's permit issued
by the State of WashingTon~ and pass such driver's examination as
the City Council may require.
SECT.I,,ON 14. Police Investigation of Applicant. The Police
Department shall conduct an investigation of each applicant for a
taxicab driver's permit and a report of such investigation and a
copy of the Traffic and police record of the applicant, if any.
shall be attached to the application for the consideration of the
City Council.
SECTION 15. Consideratip,.n' of Appl,icaTion The City Council
shall~ upon consideration of the application and the reports and
certificate required to be attached thereto~ approve or reject
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the application. If the application is rejected, the applicant
may request a personal appearance before the City Council to
offer evidence why his applioation should be reconsidered. If
such request is made the City Council shall grant
SECTION 16. Issuance of Taxicab Driver's Permit Duration
I I [ I _ lin I 1£ I I I I
Fee - Tem~orar~ Ta. xioab D~iver's Permit The City Clerk, upon
approval by the Commissioner of Public Safety, shall issue a
temporary permit for such period of time not to exceed thirty
(30) days as the Commissioner of Public Safety shall designate,
and such temporar~ permit shall have stamped thereon the date
of termination.
Upon approval of an application as hereinabove provided
for a taxicab driver's permit, the City Clerk shall issue a
permit to the applicant, which permit shall bear the name
address, age, signature and photograph of the applicant. Such
permit shall be in effect for the remainder of the calendar year.
A permit for every calendar year thereafter shall be issued
upon the payment of Ten Dollars ($10.00) and may be issued
within thirty (30) days of the expiration of the calendar year.
Such renewal, however, shall not be granted unless the permit
for the preceding year has not been revoked.
SECTION 17. Displa~ of Taxicab Driver's Pemmit Re%uired
Every driver licensed under this ordinance shall post his taxicab
driver's permit in such a place as to be in full view of all
passengers while such driver is operating a taxicab.
SECTION. 18. Suspension and Revocation.. of Driver's... Permit
If the chief of police finds that any person licensed hereunder
has been convicted of a criminal violation of federal or state
law, or any ordinance of the City of Bremerton, or has forfeited
bail after posting thereof after arrest for a criminal violation
of such law or ordinance and that such conviction or bail forfeiture
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establishes that such licensee is no longer of good moral
character and reputation, or is not a careful and experienced
driver, or if the chief of police for any other reason believes
that such person is not competent to operate a taxicab within the
City of Bremerton, then the chief of police shall make a written
report of the circumstances surrounding such matter to the City
Council of the City of Bremerton and shall make recommendations
to the City Council regarding the suspension or revocation of the
license of such person. After considering the said report and
before revoking or suspending any such license, the City Council
shall order a public hearing, and in such case shall notify the
licensee of the date of said hearing and of the contents of the
report of the chief of police, which said public hearing shall
be held on a day certain, hut shall be not less than ten (10) days
from and after the mailing of notice of such public hearing to
such licensee, and which said notice shall require the licensee
to show cause on such date, if any he has, why such license should
not be suspended or revoked. The chief of police may, in his
discretion, suspend any such license for a period not to exceed
fifteen (15) days during investigation of such circumstances.
If upon public hearing before the City Council, a majority of the
City Council shall find that the license of the said licensee
should he suspended or revoked, it shall he so ordered. An appeal
from such order, suspension or revocation, may be made to the
Superior Court for Kitsap County, in the manner provided for
under the general laws of the State of Washington. In case of
the revocation of license, the same shall be taken up hy the chief
of police and cancelled by the City Clerk, and in case of the
suspension of a license the same shall he surrendered to the City
Clerk and shall be.returned to the licensee at the termination of
the period of suspension.
Page 9
SECTION 19. Designation of Taxicabs Each taxicab shall
beam on each side of the taxicab the tmade name of the owner,
cleamly dlscemnible. No vehicle covemed by the temms of this
omdinance shall be licensed whose colom scheme, identifying
design, monogmam, om insignia to be used themeon shall, in the
opinion of the City Council, conflict with om imitate any colom
scheme, identifying design, monogmam om insignia used on a vehicle
om vehicles almeady opemating undem this omdinanee, in such mannem
as to be misleading om tend to deceive or mislead the public~
and pmovided, furthem, that if, aftem a license has been issued
fora a taxicab hemeundem, the colom scheme, identifying design,
monogmam om insignia themeof is ohanged so as to be, in the
opinion of the City Council, in conflict with om imitate any
colom scheme, identifying design, monogmam, om insignia used
by any othem pemson, ownem or opematom, in such a mannem as to
be misleading or tend to deceive the public, the license of or
cemtificate cove~ing such taxicab om taxicabs may be suspended
om mevoked.
~ECTI.ON 2'0. Taxlme~ems It shall be unlawful fom any person
to dmive o~ opemate om engage in ~he ~usiness of opemating a
taxicab, unles.s each taxicab is equipped with a taximetem and
has had that taximetem duly inspected and evidence of the same
submitted to the Chief of Police.
It shall be thm duty of the ownem, lessee in possession,
om any other pemson having possession or control of any taxicab
to at all times keep such taximetem accumate. The chief of police
shall inspect all ~aximetems at least once each Foam and have
the righ~ to inspect all taximeters at any and all times.
Evemy taximetem shall be~ installed at the right side of
dPivem and a~ such height ~hat ~he flag ~hmmeof may be readily
seen by observems on the stmee~, and the meadin~ face of such
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Taximeter shall at all Times be well lighted and readily
discernible to the passengers riding in the taxicab. IT shall
be unlawful To change The size of the wheels or Tires of any
Taxicab or the gears operating the said taximeter or to change
The taximeter from one Taxicab To another unless such Taximeter
is reinspecTed and evidence of the same submitted to the
chief of police.
It shall be unlawful for any driver of a taxicab, while
carrying passengers and under employment to display the flag
attached To the Taximeter at such a position as to denote That
such Taxicab is not employed, oT to Throw the flag of Taximeter
at a recording position when such vehicle is not actually employed~
or To fail to Throw The flag of such Taximeter at a non-recording
position at the Termination of each and every service.
Any driver of a Taxicab or for-hire car who shall charge
any passenger a rate of fare higher Than that provided for in
Sections 21 and 22 shall upon conviction thereoft be punished
in addition to The other penalties herein providedt by having
his Taxicab driver's permit suspended for a period of not less
than six (6) months nor more than one year.
Any driver of a taxicab or for-hire car employed %o carry
passengers to a definite point shall take the most direct route
possible that will carry The passenger safely and expeditiously
to his destination.
SECTION 21. Taxicab Meter Rates For one passenger for The
first 3/5 mile, or fraction Thereof .... $ .70t thereafter for each
additional 1/5 miler or fraction thereof --- $ .10t fo~ every
one minute of waiting time .... $ .10. For each additional passenger
.... $ .20. (No additional passenger shall be picked up without
The express consent of the original passenger.)
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SECTION 22. Rate Card Required Every person, firm or
corporation operating taxicabs in the City of Bremerton shall
file with the City Clerk a schedule of rates to be charged
for the operation of their taxicabs within the City limits of
the City of Bremerton, and it shall be unlawful for any such
person, firm or corporation to make any other charges, either
more or less, for said services rendered by such person, firm or
corporation as set forth in said rate schedule. The filed rates
shall not be changed by ordinance until the schedule of the
proposed changes in rates are on file with the City Clerk for
a period of thirty (30) days. Such person, firm or corporation
shall further cause to be posted in every taxicab a card con-
raining a schedule of said rates, said card to bear the written
approval of the City Clerk. Said card shall be posted in a
prominent place in said taxicab and the Commissioner of Public
Safety shall have the power in his discretion to designate the
place of posting in said taxicab and the size of the said card.
SECTION 23. Non-metered cab~.(TempQraz,/) Ail non-metered taxi-
cabs now operating within the City of Bremerton shall have a
period of ninety (90) days from the effective date of this
Ordinance to comply with the provisions of Sections 20 and 21.
During this period of time non-metered cabs are to operate on
the zone fares hy maps furnished to the City Clerk and must post
cards stating the price of each zone. The price of each zone is
to be filed with the City Clerk.
SECTION 24. Receipts The driver of any taxicab shall upon
demand by the passenger render to such passenger a receipt for
the amount charged, either by a mechanically printed receipt
or by a specially prepared receipt on which shall he the name of
the trade owner, license number, amount of charge and date of
transaction.
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SECTION 2.5. Refusal of Passenger to Pay Fare Unlawful
It shall be unlawful for any person To refuse to pay The fare
of any of The vehicles mentioned in This ordinance after
having hired The same, and it shall be unlawful for any
person to hire any vehicle herein defined with intent To
defraud the person from whom it is hired of The value of such
service.
SECTION 26. Solicitation of Passer, ers It shall be unlawful
To solicit passengers for a Taxicab by The use of word of mouth
or any other method except by The use of signs or insignia on
The body of The Taxicab or the driver of said taxicab. This shall
not prohibit regularly recognized foz~ns of advertising in public
newspapers or commercial radio or television stations. No Taxicab
shall be allowed To park waiting for business on the public
streets except in a taxi stand. No taxicab shall display lighted
signs when parking at any place on a public street other Than
a Taxi stand or zone, except when accepting or discharging paying
passengers.
SECTION 27. Receipt and discharge of Passengers on Side,walk
Only Drivers of Taxicabs shall not receive or discharge passengers
in The roadway, but shall pull up To The right-hand side of The
road and There receive or discharge passengers, except upon one-
way streets where passengers may be discharged at either The right
or left-hand sidewalk9 or The side of The roadway in The absence of
a sidewalk.
SECTION 28. Cruising Unlawful IT shall be unlawful for any
person To operate a Taxicab from any place other Than a designated
stand~ or To cruise The streets for passengers; provided, however,
That passengers may be loaded en route while going from or
returning To The designated stand by a direct, usual and customary
route9 on a bona fide trip. IT shall be unlawful for drivers of
Page 13
for-hire cars to solicit passengers in person in any manner.
This prohibition shall include but not be limited to loud
calling, going amongst a crowd or seeking passengers or
entering places of business or dwellings to get passengers
without a specific request from a prospective passenger.
SECTION 29. R~strictions on Number of Passengers No
driver shall permit more persons to be carried in a taxicab
as passengers than the rated seating capacity of his taxicab
as stated in the license for said vehicle issued by the City
Council. For the purposes of this section, a child in arms
shall not be counted as a passenger.
SECTION 30.. Refusal to Carry p.&s.sen~ers-..When Un~awful
No driver shall refuse or neglect to convey any orderly person
or persons~ upon request, unless previously engaged or unable
or forbidden by the provisions of this Ordinance to do so.
SECTION~. 31. Taxicab Stands.. and Loading Zones The City
Council in its discretion, upon application being made, may set
off and designate taxicab stands upon the various streets of
the City of Bremerton.
It shall be unlawful to park or leave any for-hire vehicles
on a public street within ~he City of ~remer~o~excep~ au a s~ano
designated for the use of for-hire vehicles. Whenever any taxicab
is parked or left standing within any stand designated for the
use of for-hire vehicles, each taxicab shall have in attendance
a separate operator.
SECTION 32. Taxicab_ Service, Re%uirements Ail persons engaged
in the taxicab business in the City of Bremerton operating under
~he provisions of this ordinance shall render an over-all service
to the public desiring to use taxicabs. Holder of licenses
shall maintain a place of business and keep the same open for
twenty-four (2~) hours a day for the purpose of receiving calls
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and dispatching cabs. They shall answer all calls received
by them for services inside the corporate limits of the City of
BremeTton as soon as they can do so and if said services cannot
be Tendered within a reasonable Time they shall then notify the
prospective passengers how long it will be before the said call
can be answered and give the Teason theTefoT. Any holder who
shall Tefuse to accept a call anywhere in The coTpoTate limits
of the City of BTemerton a~ any Time when such holder has available
cabst or who shall fail or refuse to give over-all seTvicet shall
be deemed in violation of This oTdinance and the license granted
to such holder may be revoked by the City Council.
SECTION 35. Manifests EveTy dTiver shall maintain a daily
manifest upon which ate recorded all trips made each day~ showin~
time and place of origin and destination of each trip and amount
of fate and all such complete manifests shall be returned to the
owneT by The driver at the conclusion of his tour of duty. The
forms for each manifest shall be fuTnished to the dTiver by the
owneT and shall be of a characteT approved by the Commissioner
of Public Safety.
Every holder of a license shall Tetain and pTeserve all
drivers' manifests in a safe place foT at least the calendaP
year next preceding the current calendar year~ and said manifests
shall be available to the Commissioner of Public Safety.
SECTION 3b. Police DepaTtment tq Enforce 0Tdinance The Police
Department of the City of BremeTton is hereby given the authority
and is instructed to watch and observe the conduct of holders and
drivers opeTating under this oTdinance. Upon discoverin~ a violation
of the pTovisions of this ordinance~ the Police Department will
order or take appropriate action.
SECTION,., ,, ,,,35'. ,Vi°lati°ns.,. , , ,, - Pe~alt~ Any peTson violating any
of the provisions of this ordinance shall be deemed guilty of a
Page 15
misdemeanor and upon conviction thereof shall be fined not
exceeding Three Hundred Dollars (~300o00) or by imprisonment
in the City Jail not exceeding ninety (90) days~ oP both
such fine and imprisonment.
SECTION 36.. Severability Each of the p~ovisions of this
o~dinanee a~e seve~able~ and if any p~ovisions shall be declared
~o be invalid, the Pemainin~ p~ovisions shall not be affected
but shall memain ~n full forage and effect.
APPROVED by the City Council on first ~eadinE ~his ~0th day
of May, 1~70.
' ~ASSED by the City Council of the City of BPemeP~on, si~ned
~c~/~'~
by t~e~Mayor and a~ested by ~he City Clerk in authentication of
such passaEe this 27~h day of May, 1970.
ATTEST ~
....
G. C. YEADON, SR.~ City Clerk
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