R-4659
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CA RLlItIS:jst
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7-ll~75
RESOLUTION NO. 4659 (CCS)
(Clty Council Serles)
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA RESCINDING
RESOLUTION NO. 4384(CCS) P~D A~~ENDING
RESOLUTION NO. l008(CCS), PERTAI~ING
TO BUS FARES FOR CERTAIN CITIZENS.
WHEREAS, the C1ty of Santa Mon1ca recogn1zes the
need for a speclfic rate schedule for elderly men and women,
and for handlcapped persons: and,
WHEREAS, a reduced rate schedule would beneflt such
persons and enable them to ~ore fully utilize the tranportatlon
system of thls City and thereby to lead more full and complete
llves.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY O~ SF~TA
MONICA DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1.
Resolution No. 4384 (CCS) is hereby
resclnded ln lts entirety.
SECTION 2.
Resolutlon No. 1008 (CCS) 1S hereby
amended by addlng thereto Sectlon 3B to read as follows:
Sectlon 3B. Notwithstanding the above general
fare structure, a flat rate fare of Ten ($.lO) Cents shall be
charged persons who have atta1ned the age of SlXty-two (52) or
more years and who have obtalned and displayed ldentlflcatlon
cards from the Transportatlon Department.
SECTION 3.
Resolut1on No. 1008 (CCS) lS hereby
a~ended by adding thereto Sect10n 3C to read as follows:
Sectlon 3C.
Notwlthstanding the above general
fare structure, a flat rate fare o~ Ten ($.lO) Cents shall be
charged to e11glble hand1capped persons who have obtained and
dlsplay hand1capped identlficat~or. cards from the Transportatlon
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Department. Such handicapped identif1cation cards shall be
lssued to those persons who, In the dlscret10n of the
Transportatlon Department, ut~llzlng the rules set forth by
the Federal Urban Mass Transportation Ad~~n1stration, are
deemed to be handicapped.
SECTION 4.
Resolution No. 1008 (CCS) lS hereby
amended by adding thereto Section 3D to read as follows:
Sectlon 3D.
Prior to, and as a conditlon of,
the lssuance of a senior citlzen identlf1catlon card or a
handlcapped identification card, and the charging of the reduced
Ten ($.10) Cent flat rate fare, any person making appllcation
for same shall be required to and execute a Santa Mon1ca
Municipal Bus Lines Reduced Fare Application and Waiver
Agreement.
SECTION 5.
The C~ty Clerk shall certify to the
adopt10n of this resolution, and thenceforth and thereafter the
same shall be in full force and effect.
22nd day of
July
ADOPTED and APPROVED th1S
1975.
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~1ayor
ATTEST":
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( c11ClerK -
I hereby cert~fy that the foregolng resolut10n was
duly adopted by the C1ty Counc1l of the City of Santa Monica at
regular
meeting thereof, held on the
22nd day of
a
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July
Council:
AYES ~
NOE S :
ABSENT:
APPROVED AS TO FORM
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, 1975, by the following vote of the
Counc~lmember: Cohen, McCloskey, Reed, Swink,
van den Steenhoven, Trives
Councilmember: None
Councilmember: Judson
/ c;:aA-. /A7
f_
, ~ Clerk~
City Attorney
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WAIVER AGREEMENT
It lS understood and agreed among the parties hereto
that:
In conslderat~on of the 1SSUance of an ldent1fication
card by which thls appllcant may have passage on the Santa
Monlca Mun~clpal Bus Line at a reduced rate, to wit: Ten ($.lO)
Cents per fare, this applicant, by accept1ng and uSlng thls
~dentlf~cation card and the reduced fare gained thereby,
expressly agrees to and does thereby assume all rlsk of accidents
and damages while e1ther a passenger on a Santa Monlca Munlclpal
Bus or whlle gettlng on or departing from any such bus (except
for actual out-of-pocket expenses whlch are non-re1mbursable
from any other source) to person and/or property whether caused by
the negllgence of the Santa Monica MUDlclpal Bus Llnes, the City
of Santa MODlca, or that of any or all of ltS agents, servants
or employees, or otherwise.
ThlS appllcant shall save and hold the City of Santa
Mon1ca, ltS agents, servants and employees harmless from any
and all claims, llabllity or damage (except for actual out-of-
pocket expenses which are non-reimbursable from any other source)
arlslng out of the use by thls appllcatn of the Santa Monlca
Municlpal Bus Lines.
It is further understood and agreed that all rights
under ~l542 of the C1Vll Code of Callfornla are hereby expressly
walved. Sald section reads as follows:
"A general release does not extend to claims
whlch the creditor does not know or suspect to
eXlst In hlS favor at the tlme of executing the
release, which If known by hlm must have
materially effected his settlement with the debtor."
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RLK. : nuns. 7. 14. 75 CA
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Santa Monica, Callfornla
July 14, 1975
TO:
Mayor and C~ty Councll
FROM:
C~ty Attorney
SUBJECT:
Ten Cent Bus Fares
INTRODUCTION:
This report transmlts the attached resolutlon, which
would amend the general fare resolution (l008) and provlde for
ten cent fares for senior citlzens and for handicapped persons,
wlthout discrimination as to sex.
BACKGROUND:
At ltS meeting of June 24, 1975, the City Councl1
requested thlS office to prepare a resolution which would brlng
reduced rate fares into equalization for both elderly men and
women. The attached resolution accomplishes this, fixlng a
fare of ten cents for any person over the age of 62.
At the request of the CltylS Transportatlon Department
the resolution also includes a provision allowlng the eligible
handlcapped of any age to ride the CltylS buses for ten cents.
Instltuting a speclal fare for the handicapped is a federal
Department of Transportatlon prerequls1te to the receipt of
further federal funding by the Transportatlon Department.
The Transportatlon Department will develop crlterla
for determlnlng eligibillty based upon the federal Department
of Transportation definltlon of handicapped, which states:
"'Handlcapped personl means any indlvidual
who, by reason of illness, inJury, age,
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RLKtlts:mm~ 7.14.75 CA
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congenltal malfunction, or other
permanent or temporary incapac~ty or
disablllty, lncluding those who are
nonambulatory wheelchalrbound and those
wlth semiambulatory capabilities, is unable
without special facilities or speclal
planning or design ta utilize mass
transportat1on as effectively as persons
who are not so affected."
Further, the issuance of both reduced fare
ldentlfication cards 1S made cond1tional upon the signing of a
wa1ver agreement form which contains a partlal waiver of
liabil1ty. In cons1deration of the fare reduct1on, the Walver,
a copy of which 1S attached for the information of the Council,
limits the liab111ty of the C1ty to actual out-af-pocket costs
arising out of any accident which lS the fault of the C1ty,
WhlCh are not reimbursable from any other source.
ALTERNATIVE SOLUTIONS:
Not applicable.
RECOMMENDATION:
It is respectfully recommended that the City Council
adopt the attached resolutlon.
PREPARED BY:
RICHARD L. KNICKERBOCKER
City Attorney
SAr1UEL I. STREICHMAN
Assistant City Attorney
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