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'Y� <br />ORDINANCE NO. 132. <br />AN ORDINANCE OF THE CITY OF <br />NEWPORT BEACH GRANTING <br />TO E. D. RODGER HIS SUC- <br />CESSORS AND ASSIGNS, A FRAN- <br />CHISE TO OPERATE AND MAIN- <br />TAIN A FERRY IN THE CITY OF <br />NEWPORT BEACH AND DE- <br />SCRIBING THE CONDITIONS OF <br />SAID GRANT. <br />The Board of Trustees of the City <br />of Newport Beach do ordain as fol -; <br />lows: <br />Section 1. There Is hereby granted <br />to E. D. Rodger and his successors and' <br />assigns a franchise to construct at the <br />northerly end of Palm Street on the <br />mainland and at the southerly end <br />of Agate Avenue on Balboa Island, <br />both at and within the City of New- <br />port Beach, a ferry slip, and to operate <br />between and from said ferry slips a <br />ferry boat or boats and to have the <br />exclusive use and enjoyment of said <br />ferry slips for that purpose, except as <br />such exclusive use may be modified <br />in favor of the City of Newport Beach, <br />as hereinafter In this Ordinance <br />stated. <br />Section 2. The term for which said <br />franchise is granted is as follows, and <br />not otherwise: <br />(a) The term of the entire life of <br />the franchise herein granted shall be <br />twenty years. The grantee, his suc. <br />cessors or assigns, shall. not sell, <br />transfer or assign said franchise or <br />any of the rights or privileges grant. <br />ed hereby except by duly executed <br />instrument in writing, filed in the <br />office of the Board of Trustees of the <br />City of Newport Beach; and provided <br />further, that nothing In this franchise <br />'contained shall be construed to grant <br />to the grantee, his successors or as- <br />. signs, any right to sell, transfer or <br />assign said franchise, or any of the <br />rights or privileges thereby granted, <br />except in the following manner: <br />Every successive Intended transfer <br />of ills franchise, or the wharves, <br />docks, slips and ferry boat used In <br />connection with the enjoyment of the <br />franchise shall be submitted to the <br />Board of Trustees of the City of New <br />port Beach prior to the consummation <br />thereof and the City of Newport Beach <br />shall have ten days in which to pur- <br />chase the same at the same -price and <br />upon the same conditions as an Intend- <br />ed purchaser shall have and In good <br />faith agreed to pay. Nothing herein <br />contained shall be construed as re- <br />quiring the City of Newport Beach to <br />.purchase. <br />I In the event that the City of New -, <br />port Beach shall become the pus <br />chaser the owner of the franchise <br />shall, within thirty days after notice <br />thereof, transfer ail of his rights, titles' <br />and Interests to the City of Newport' <br />.Beach in and to the - franchise,) <br />wharves, docks, slips, and "ferry boat <br />on payment of, the purchase price <br />offered and in good faith agreed to <br />be paid therefor by the intended pur- <br />chaser. <br />(b) The owner and holder of said <br />franchise shall not mortgage, bond, or <br />otherwise Incumber the franchise or <br />the wharves, docks, slips, or ferry <br />boat used in connection with the en- <br />joyment thereof for a period which <br />,shall exceed ten years from the date <br />of this ordinance granting said fran- <br />chise. Every bona fide debt existing <br />against the franchise or the wharves„ <br />docks, slips or ferry boat, If the City <br />of Newport Beach shall see fit to pur- <br />chase. shall be deducted from the <br />purchase price to be paid by the <br />City, and every indebtedness created <br />against the same shall contain a <br />stipulation that in the event of pur. <br />chase by the City of Newport Beach <br />said City shall have the right to ten,I <br />der the amount due the holder of the <br />indebtedness and interest to the date) <br />of tender, and the debt be thereby <br />cancelled. Every fictitious claim, I <br />charge, or indebtedness shall be dis -' <br />regarded. <br />(c) If the City of Newport Beach <br />shall not, in the mean time, buy the <br />franchise then at the expiration of <br />the term of the entire life of the fran- <br />chise, to-wit: the term of twenty years <br />from the date of the grant thereof, <br />the franchise shall cease by limita- <br />tion of time and the wharves, docks, <br />and slips then used in connection <br />with it shall revert to and become <br />the property of the City of Newport <br />Beach free and clear of all Incum- <br />brance. <br />Section 3. The ferry slip at the <br />northerly end of Palm Street shall be <br />constructed In front of the territory' <br />embraced within the lines - of said <br />street if extended northerly, and the <br />ferry slip at the southerly end of <br />Agate Avenue shall be constructed in <br />front of the territory embraced within <br />the lines of said avenue If extended <br />southerly. No part of said ferry slips <br />shall overlap or encroach upon pri- <br />vate property. Each of said slips shall <br />be constructed in accordance with plans <br />and specifications adopted and approv- <br />ed the:efor by the City of Newport <br />Beach, which plans and specifications <br />are on file in the office of the Clerk' <br />pf the City of Newport Beach, sub-1 <br />jest to the right of inspection and <br />exb.mination during all office hours of <br />said Clerk. Each of said ferry slips <br />shall be of substantial and safe con- <br />structions and at a cost of not less <br />than $2,500.00. <br />(a) In the operation of said ferry <br />and the enjoyment of the 'franchise I <br />hereby granted there shall be used <br />and employed at least one ferry boat <br />of sufficient size, capacity and power <br />to carry and transport at all times at <br />least six automobiles of average size <br />and weight, and at least fifty (50) <br />passengers, and to be of substantial <br />and safe construction and equipment, <br />and to cost not less than $9,000.00, and <br />such boat shall make at least ten (10) <br />trips each way from the northerly end <br />of Palm Street Ao the southerly end <br />of Agate Avenue, between the hours <br />'of sunrise and sunset each day, and <br />such additional trips as the public <br />convenience or necessity may reason- <br />ably require, unless prevented by acts <br />of God, unavoidable accident, war, or <br />riot. Every boat and all equipment <br />and appliances used in connection <br />with the enjoyment of said franchise <br />shall at all times be safe and properly <br />manned and the service to the public <br />convenient and adequate. <br />(b) In the event that the grantee <br />of the franchise, his successors and <br />assigns, shall fail to furnish con- <br />venient, safe and adequate transporta- <br />tion for freight and passengers be- <br />tween the northerly end of Palm <br />Street and the southerly end of Agate <br />Avenue, unless temporarily prevented <br />by acts of God, unavoidable accident, <br />war, or riot, then the City of Newport <br />Beach shall be vested with the option' <br />and shall have the right in Its dis- <br />cretion to take possession of the ferry <br />slips, the boats, vessels, and all other <br />appliances and equipment used by the <br />then holder of the franchise, and to <br />operate said ferry for the benefit of <br />the public, and shall deduct from all <br />revenue received from the operation <br />thereof the expenses of said opera- <br />tion and pay the remainder, If any, to <br />the person entitled thereto, and the <br />City of Newport Beach shall, during <br />the operation thereof, not be re- <br />sponsible for damages to the prop- <br />erty used resulting from the operation <br />thereof, except through Its failure -to <br />exercise ordinary care. <br />Section 4. The work of construe-' <br />tlon of said ferry slips shall be com- I <br />- menced In good faith within not more <br />than four months from the date of <br />the grant of said franchise' and Shall <br />be contlnuously prosecuted in good <br />faith without unnecessary ,. r avoid- <br />able Intermission or delay. The work <br />of construction In so far as It em- <br />braces acid ferry slips and one ferry <br />boat, as herelnbefore In this Ordi- <br />nance described, shall be completed <br />and In operation within not exceeding <br />eight months from the date of this <br />Ordinance. And If said work be not <br />commenced, prosecuted; or completed <br />within the time or In the Manner <br />specified, said franchise shall be for <br />felted. <br />The grantee of the franchise, his <br />successors or assigns, shall, daring <br />the life of said franchise, pay to the <br />City of Newport Beach, In lawful) <br />money of the United States, two per <br />cent of the gross annual receipts arts - <br />Ing from the use, operation or poases- <br />slon of Said franchise, Including any <br />moneys received for transportation <br />or any other purpose whatever. No <br />percentage shall be paid for the first'., <br />Ifive years succeeding the date of the <br />;franchise, but thereafter such per- <br />; tentage shall be paid annually, and <br />it shall be the. duty of the grantee of <br />I said franchise, his successors or as-, <br />signs, to file with the Clerk of the <br />Board of Trustees at the expiration <br />of six years from the 'date of the <br />grant of said franchise and at the ex- <br />plratlon of each and every year there- <br />after, unless In the mean time the <br />City of Newport Beach shall purchase <br />the same, a statement verified by the <br />oath of the grantee, his successors or <br />assigns, or by the manager, or pre- <br />siding officer thereof, showing In de- <br />:tall the total gross earnings- collected <br />or received by said grantee, his suc- <br />Icessors or assigns, during the preced- <br />Ing twelve months for the use of Said <br />franchise In the transportation of <br />freight and passengers, or from any <br />other purpose whatever, from any <br />part of the system for the construc- <br />tion and operation of which said fran- <br />chlSe is granted, and within ten days <br />after the time for filing the aforesaid <br />statement, It shall be the duty of the <br />grantee, his successors or assigns, to <br />pay to the Board of Trustees of the <br />City of Newport Beach.the aggregate <br />.sum of the said percentage upon the <br />amount of. the gross annual receipts <br />arising therefrom. If the Said amount <br />paid Is Incorrect In the judgment of <br />the Board of Trustees they may order <br />the payment of such' additional Sum <br />f as they may find due thereunder, and <br />if said sum be not paid the same shall <br />be collected by suit. Any neglect, <br />omission or refusal by said grantee. <br />his successors or assigns, to file said <br />verified statement or to pay the said <br />percentage- of Said gross annual re- <br />ceipts at the time and In the manner <br />herein provided for shall Ipso facto <br />,work a forfeitare of said franchise. <br />The owner and holder of the fran. <br />chise shall at all Naves furnish trans <br />portation to every officer of the City <br />i <br />V <br />.i� <br />i <br />c <br />i <br />I <br />Y <br />i <br />I , <br />y <br />I <br />I �� <br />