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HomeMy WebLinkAbout474 - J A Beek Franchise• • ORDINANCE NO. 474 AN ORDINANCE OF THE CITY OF NEWPORT BEACH GRANTING TO J. A. BEEK, A FRANCHISE FOR CERTAIN PURPOSES WITHIN THE SAID CITY OF NEWPORT BEACH. WHEREAS, application was duly filed with the City Council of the City of Newport Beach by J. A. Beek, for a franchise to conduct and operate a ferry for the hauling of passengers, freight and automobiles between certain points in the City of Newport Beach; and WHEREAS, notice of the sale of said franchise was duly and regularly published in the man- ner and for the time provided by law, all of which will more fully appear by the records and files in this matter; and WHEREAS, at the time in said published notice specified, one J. A. Beek, was the sole, only and highest bidder for said franchise; and WHEREAS, the said franchise for the price bid was duly struck off and awarded to J. A. Beek end within the time provided by law, the said J. A. Peck daily caused to be executed and filed with the Clerk of the City Coun- cil of the City of Newport Beach, the bond required by law, and by said notice, in the penal sum of $1000.00, which bond has been and is approved. NOW, THEREFORE, the City Council of the City of Newport Beach does ordain as follows: Section 1. There is hereby granted to J. A. Beek and to his assigns, for the period and term of twenty -five (25) years, from and after the date of the passage of this ordinance, franchise to maintain, conduct and operate a ferry boat or boats for the trans- portation of passengers, express matter, vehicles and freight, from the Northerly end of Palm Street on the mainland, across portions of Newport Bay, to the southerly end of Agate Avenue and points on Balboa Island, all within the City of Newport Beach, Orange County, California. Sectin 2. The holder of this franchise at all times during the existence thereof, shall keep and maintain sufficient, safe and ade- quate landings for the operation of a ferry boat or boats, and shall at all times maintain and operate safe and adequate ferry boats, sufficient to provide all the reasonable and necessary transportation of persons, express matter, vehicles and freight to and from the mainland and Bal- boa Island in said city. The holder of this franchise shall not adopt or enforce in the operation of the franchise any rate of charges or regulations which shall or does discriminate in favor of one patron over another patron using the ferry boat or boats. Section 3. In the event that any owner of the franchise, dur- ing the existence thereof shall have an opportunity to sell, and desires to sell said franchise, such owner shall immediately submit to the City Council of the City of Newport Beach or to its successors, a, notice of the intended sale, setting forth the name of the purchaser or purchasers, and all of the terms, provisions and condi- tions of the intended sale, and said City shall have the first right within ten days after service of said notice, to purchase and acquire said franchise on exactly the same terms, and any sale to a person other than the City of Newport Beach, prior to the ex- piration of said ten days, shall be void. TL•e owner of this franchise shall annually file with the City Council of the City of Newport Beach a verified statement . showing the name and address of the owner thereof and the name and address of every person interested therein. Section 4. The owner of said franchise shall commence the operation of a ferry boat or boats thereon immediately after the passage of this ordinance. Section 5. In .the event that the holder, of this franchise shall neglect, fail or refuse to comply therewith or with the law gov- erning the granting thereof, then the. City Council of the City of Newport Beach shall declare the same forfeited and shall thereafter and thereupon exclude all persons from the use, enjoyment or possession thereof. Section 6. The City Clerk of the City of Newport Beach shall cause this ordinance to be pub- lished once in NEWPORT NEWS, a newspaper of general circula- tion, printed, published and cir- culated in the city of Newport Beach, and the same shall take effect and be in full force thirty days after its passage. I hereby certify that the above and foregoing Ordinance was in- troduced at a regular meeting of the City Council of the City of Newport Beach, held on the 4th day of July, 1938, and was finally passed and adopted on the 18th day of July, 1938, by the follow- ing vote, to -wit: AYES: Councilmen: Gordon, Claire, Whitson, Brown, William- son. .. NOES, Councilmen: None. ABSENT, Councilmen: None. ATTEST: FRANK L. RINEHART, City Clerk. The above ordinance approved by me this 18th day of July, 1938. HARRY H. WILLIAMSON, Mayor, City of Newport Beach. (Pub. July 19, 1938) i�