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HomeMy WebLinkAbout5798 - Grant a FranchiseWWC:mec 6/14/63 RESOLUTION NO. _99 g8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DECLARING ITS INTENTION TO GRANT A FRANCHISE WHEREAS, Balboa Island Ferry, a California corporation, has made application for a franchise to operate a toll ferry across Newport Bay between Palm Street, Balboa, and Agate Avenue, Balboa Island, all within the City of'Newport Beach, for the trans- portation of passengers, vehicles, and freight; and WHEREAS, said Balboa Island Ferry has a Certificate of Public Convenience and Necessity issued by the Public Utilities Commission of the State of California as required by Article 1 of Chapter 5 of Part 1 of Division 1 of the Public Utilities Code of the State of California for the transportation of persons and property by vessel; and WHEREAS, said Balboa Island Ferry owns the equipment and facilities necessary to provide public ferry service between said points in the City and it is necessary and in the public interest that such service be maintained; NOW, THEREFORE, BE IT RESOLVED that pursuant to the authority vested in the City Council by Article 4, Chapter 3, of Division 17 of the Streets and Highways Code of the State of California and Article XIII of the Charter of the City of Newport Beach, the City Council hereby declares its intention to grant a franchise to Balboa Island Ferry under the terms and conditions and in the form hereinafter set out: SECTION 1. There is hereby granted to Balboa Island Ferry, a California corporation, for a term of twenty -five (25) years from the date of passage of this ordinance, a franchise to construct, maintain and operate a toll ferry for the transporta- tion of passengers, vehicles, and freight across Newport Bay between the northerly end of Palm Street, Balboa, and the south- erly end of Agate Avenue, Balboa Island, all within the City of Newport Beach, California. SECTION 2> The grantee of this franchise, at all times during the existence thereof, shall keep and maintain sufficient, . safe and adequate landings for the operation of a ferryboat or boats and shall keep, maintain, and operate safe and adequate ferryboats to provide all the reasonable and necessary transpor- tation of passengers, vehicles and freight from Balboa to Balboa Island. SECTION 3< The grant of this franchise shall not in any way or to any extent impair or affect the right of the City to acquire the property of grantee either by purchase or through the exercise of eminent domain and, in the event of such acquisition by either means, this franchise shall have no monetary value, SECTION 4, The grantee shall during the existence of this franchise pay to the City of Newport Beach two per cent (2%) of the annual gross receipts of grantee from its operations under this franchise. Grantee within three (3) months after the close of each calendar year, or the close of grantee's fiscal year if different than the calendar year, a portion of which falls within the term of this franchise, shall file with the Director of Finance of the City of Newport Beach a verified statement showing in_ detail the total gross receipts of grantee during such calendar year or fiscal year or portion thereof arising from its operations under this franchise. Said statement shall be accompanied by full payment to the City of the amount due under this franchise for such year or such portions SECTION 5. The grantee shall not adopt or enforce any rates, charges or regulations which discriminate in favor of one patron against another patron or any'rates, charges or regulations • contrary to or not authorized by applicable regulations. SECTION 6< This franchise is subject to all of the terms and conditions herein expressed and is also subject to all of.the terms and conditions of Article XIII of the Charter of the City of Newport Beach, 2, SECTION 7. This franchise shall not become effective unless, within ten (10) days after the adoption of this ordinance, • written acceptance thereof is filed with the City Clerk by the grantee and upon filing such acceptance grantee thereby agrees to be bound by all the terms and conditions herein expressed and by all of the terms and conditions of Article XIII of the Charter of the City of Newport Beach. SECTION 8. In the event grantee fails, refuses or neglects to comply with all the terms and conditions hereof and of Article XIII of said Charter, then the City Council of the City of Newport Beach shall declare a forfeiture of the franchise and thereupon shall exclude grantee and all persons from the use, enjoyment and possession thereof. BE IT FURTHER RESOLVED that July 8, 1963, at 7:30 P. M., in the City Council Chamber of the City Hall at 3300 Newport Boulevard, Newport Beach, California, is fixed as the date, hour and place when and where any persons having an interest herein or any objection to the granting of this proposed franchise may appear before the City Council and be heard. BE IT FURTHER RESOLVED that the City Clerk is authorized and directed to publish this resolution in the official newspaper of the City on June 27, 1963. ADOPTED this 24th day of June, 1963. Mayor ATTEST: City Clerk 3. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF NEWPORT BEACH) I, MARGERY SCHROUDER, City Clerk of the City of Newport Beach, California, do hereby certify that according to the records of the City of Newport Beach filed and maintained in my office, the foregoing Resolution No. 5798 was duly and regularly adopted, passed, and approved by the City Council. of the City of Newport Beach,, California, at a regular meeting, of said City Council held at the regular meeting place thereof, on the 24th day of June , 19 63 , by the following vote, to wit: AYES, COUNCILMEN: Stoddard, Gruber, Cook, Hart, Lorenz, Marshall, Elder NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Dated this 25th day of June ,, 19 63 City Clerk -arid E - Officio Clerk -of the City Council, Cit of Newport Beach, • State of California.