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;AN tlR DIORDINANCE NO. 1045 <br />NANCE OF THE CITY OF <br />NEWPORT BEACH GRANTING A <br />FRANCHISE TO OPERATE A <br />TOLL FERRY <br />WHEREAS, Balboa Island Ferry, a' <br />California corporation, has made appll -! <br />catioi for a franchise to operate a toll ! <br />ferry across Newport Bay between Palm <br />Street, Balboa, and Agate Avenue,.Bal- <br />boa Island, all within the City of New. <br />Port Beach, for the transportation Of <br />Passengers, vehicles, and freight; and <br />WHEREAS, the City Council adapted <br />a resolution declaring its intention to <br />grant a franchise to said applicant and <br />Setting out the terms and conditionfl <br />upon which such franchise was Proposed <br />to be granted and fixing the time and <br />Place when and where persons having <br />an interest therein or any obieotion� <br />thereto could appear before the Clty <br />Council and be heard thereon: an,l <br />WHEREAS, said resolution was duly <br />and regularly Published within 15 days <br />after the adoption thereof and at least <br />10 tlays prior c the date of hearing and <br />WHEREAS, a hearing on the granting'; <br />of said franchise has been regularly <br />held by the City Council and a decision <br />made thereon; <br />NOW, THEREFORE, the City Cnuncll <br />Of the City of Newport Beach does <br />ordain as follows: <br />SECTION I. There Is hereby gran`.etl <br />to Soiree Island Ferry, - of s Calif or nla <br />corporation, for a term twenty Jive <br />(25) Years from the date " Passage <br />of ;his ordinance,, a franchise to con- <br />struct, maintain and operate, a_ 'oil ferry <br />for the transportation of Passengers, ve. <br />hicles, and freight across Newport Bay s. <br />between the northerly end of Palm <br />Street, Balboa, and the southerly end o1 <br />Agate Avenue, Balboa Island, all within <br />the City of Newport Beach, California. <br />SECTION 2. The grantee of this fran- <br />chise, at all times during the existence <br />thereof, shall keep and maintain suffi- <br />cient safe and adequate landings for <br />the operation' of a ferryboat or 'boats <br />and shalt keep, maintain, and operate <br />Sale and adequate ferryboats to Provide <br />all the reasonable and necessary trans- <br />portation at passengers, Vehicles. and <br />freight from Balboa to Balboa Island. <br />SECTION 3. The grant of this Iran <br />chile shall not in any way or to any <br />extent impair or affect the right of the <br />CRY to acquire the Property of grantee <br />either by Purchase or through :the, exer- <br />also of eminent domain and, in the <br />event of such acquisition by either <br />means, this franchise shall have no <br />monetary value. <br />SECTION' 4. The grantee shall during <br />the existence df this franchise Pay to <br />the City et Newport Beach 'we -per. rent <br />(2 %) of the annual gross receipts of <br />grantee from its operations under this <br />franchise. Grantee within three (3) <br />months after the close of each calendar <br />Year, or the 'close o/ grantee's fiscal <br />Year if 'different than the alendar Year,,, <br />a Portion of which falls within :he term <br />of this franchise, shall file with the <br />Director of Finance of the City' of New <br />Pert Beach a verified statement showing <br />In detail the total gross receipts at <br />grantee during such calendar year or <br />fiscal Year or portion ihere0f arising <br />from its operations under this franchise. <br />Said statement Shall be accompanied <br />by full Payment to the City of <br />the amount due under this franchise for <br />Such Year or such Portion. <br />SECTION S. The grantee shall net <br />adept or enforce any fates, charges o1 . <br />regulations which discriminate in favor <br />of one patron against another patron <br />Or any rates, charges Of re9Ua lions <br />conff5•ry fo nr net authorized by aP- <br />Plicable regulations.' <br />SECTION 6. This franchise is subie <br />to all of the terms and conditions herein' <br />expressed and is also sublets to all Of <br />the terms and conditions ) of Article <br />Xlll of the Charter o/ the City of. <br />Newport Beach. <br />SECTION 7. This franchise shall not <br />become effective unless, within ten (10) <br />tlays a•tei pie adoption of. this ordi- <br />nance, wchien acceptance thereof is filed <br />with the City Clerk by the grantee and <br />Upon filing Such acceptance, grantee <br />• thereby agrees to be bound by all the <br />terms and conditions herein expressed <br />and by all of the terms and conditions <br />01 Article XIII of the Charter of the' <br />City of Newport Beach. <br />SECTION 0. In the event grantee <br />fails, refuses or neglects to cam lyY 10"it <br />all the terms' and conditions hereof and <br />of Article XIII of said Charter, then th <br />City Council of the Citv of Ne. 1 <br />Beach shall declare a forfeiture ellude <br />franchise and thereupon shall eAud <br />gfax2 and 3g persons from -,W <br />enjoyment and Possession therof Et <br />SECTION 9. Emergen' ordinance a i is <br />nece55afY as an area <br />pfeSerVing I0e Public <br />safety antl shall taif <br />force Upon its <br />the urgency el 8I th is if <br />ContinUOUS oI atio0 <br />' between Balboa and <br />nece55afY to PfpVltle <br />fire Protection m b! <br />bd and dnd to Proviuv a -- <br />o Iranspo Isl rtation service to ttoe make <br />le <br />I he City I1 is necess3r <br />ortlinance nl'e'hPeho ,Y to la lyand <br />der pf o ra upo aut n .the above -R <br />po5¢ the QUfY <br />to pfnVlde such Cen1m000s <br />10. This ortlinance shall be <br />ee in the official newspaper.- <br />pilot, <br />1961 <br />622.63 <br />