§ 5.04.200. Acquisition of monorail by the county.  


Latest version.
  • If the county acquires a monorail:

    (a)

    Through use, or threat of use, of its right of eminent domain, the county shall provide the franchisee with adequate contractual assurance that:

    (1)

    After acquisition, the county will provide service, fares and performance conforming to those existing at the time of acquisition, for a period necessary to protect the usefulness of the monorail to the franchisee; and

    (2)

    The franchisee shall approve any future deletions from or reconfiguration of the monorail, including passenger stations; and

    (3)

    The franchisee shall be held harmless from any liability or claim arising after the acquisition from the operation or any change made in the installation and operation of the monorail or from any act or omission of the county or its employees, contractors or agents; or

    (b)

    Through voluntary transfer, the county and franchisee may mutually agree to any terms; or

    (c)

    Through abandonment, the monorail shall be deemed voluntarily transferred to the county, and the county may operate the monorail itself, auction the monorail to a qualified bidder, or remove those portions occupying rights-of-way, as determined by the county commission.

(Ord. 2959 § 1 (part), 2003)