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HomeMy WebLinkAbout132 - Ferry Operation & Franchise'Y� ORDINANCE NO. 132. AN ORDINANCE OF THE CITY OF NEWPORT BEACH GRANTING TO E. D. RODGER HIS SUC- CESSORS AND ASSIGNS, A FRAN- CHISE TO OPERATE AND MAIN- TAIN A FERRY IN THE CITY OF NEWPORT BEACH AND DE- SCRIBING THE CONDITIONS OF SAID GRANT. The Board of Trustees of the City of Newport Beach do ordain as fol -; lows: Section 1. There Is hereby granted to E. D. Rodger and his successors and' assigns a franchise to construct at the northerly end of Palm Street on the mainland and at the southerly end of Agate Avenue on Balboa Island, both at and within the City of New- port Beach, a ferry slip, and to operate between and from said ferry slips a ferry boat or boats and to have the exclusive use and enjoyment of said ferry slips for that purpose, except as such exclusive use may be modified in favor of the City of Newport Beach, as hereinafter In this Ordinance stated. Section 2. The term for which said franchise is granted is as follows, and not otherwise: (a) The term of the entire life of the franchise herein granted shall be twenty years. The grantee, his suc. cessors or assigns, shall. not sell, transfer or assign said franchise or any of the rights or privileges grant. ed hereby except by duly executed instrument in writing, filed in the office of the Board of Trustees of the City of Newport Beach; and provided further, that nothing In this franchise 'contained shall be construed to grant to the grantee, his successors or as- . signs, any right to sell, transfer or assign said franchise, or any of the rights or privileges thereby granted, except in the following manner: Every successive Intended transfer of ills franchise, or the wharves, docks, slips and ferry boat used In connection with the enjoyment of the franchise shall be submitted to the Board of Trustees of the City of New port Beach prior to the consummation thereof and the City of Newport Beach shall have ten days in which to pur- chase the same at the same -price and upon the same conditions as an Intend- ed purchaser shall have and In good faith agreed to pay. Nothing herein contained shall be construed as re- quiring the City of Newport Beach to .purchase. I In the event that the City of New -, port Beach shall become the pus chaser the owner of the franchise shall, within thirty days after notice thereof, transfer ail of his rights, titles' and Interests to the City of Newport' .Beach in and to the - franchise,) wharves, docks, slips, and "ferry boat on payment of, the purchase price offered and in good faith agreed to be paid therefor by the intended pur- chaser. (b) The owner and holder of said franchise shall not mortgage, bond, or otherwise Incumber the franchise or the wharves, docks, slips, or ferry boat used in connection with the en- joyment thereof for a period which ,shall exceed ten years from the date of this ordinance granting said fran- chise. Every bona fide debt existing against the franchise or the wharves„ docks, slips or ferry boat, If the City of Newport Beach shall see fit to pur- chase. shall be deducted from the purchase price to be paid by the City, and every indebtedness created against the same shall contain a stipulation that in the event of pur. chase by the City of Newport Beach said City shall have the right to ten,I der the amount due the holder of the indebtedness and interest to the date) of tender, and the debt be thereby cancelled. Every fictitious claim, I charge, or indebtedness shall be dis -' regarded. (c) If the City of Newport Beach shall not, in the mean time, buy the franchise then at the expiration of the term of the entire life of the fran- chise, to-wit: the term of twenty years from the date of the grant thereof, the franchise shall cease by limita- tion of time and the wharves, docks, and slips then used in connection with it shall revert to and become the property of the City of Newport Beach free and clear of all Incum- brance. Section 3. The ferry slip at the northerly end of Palm Street shall be constructed In front of the territory' embraced within the lines - of said street if extended northerly, and the ferry slip at the southerly end of Agate Avenue shall be constructed in front of the territory embraced within the lines of said avenue If extended southerly. No part of said ferry slips shall overlap or encroach upon pri- vate property. Each of said slips shall be constructed in accordance with plans and specifications adopted and approv- ed the:efor by the City of Newport Beach, which plans and specifications are on file in the office of the Clerk' pf the City of Newport Beach, sub-1 jest to the right of inspection and exb.mination during all office hours of said Clerk. Each of said ferry slips shall be of substantial and safe con- structions and at a cost of not less than $2,500.00. (a) In the operation of said ferry and the enjoyment of the 'franchise I hereby granted there shall be used and employed at least one ferry boat of sufficient size, capacity and power to carry and transport at all times at least six automobiles of average size and weight, and at least fifty (50) passengers, and to be of substantial and safe construction and equipment, and to cost not less than $9,000.00, and such boat shall make at least ten (10) trips each way from the northerly end of Palm Street Ao the southerly end of Agate Avenue, between the hours 'of sunrise and sunset each day, and such additional trips as the public convenience or necessity may reason- ably require, unless prevented by acts of God, unavoidable accident, war, or riot. Every boat and all equipment and appliances used in connection with the enjoyment of said franchise shall at all times be safe and properly manned and the service to the public convenient and adequate. (b) In the event that the grantee of the franchise, his successors and assigns, shall fail to furnish con- venient, safe and adequate transporta- tion for freight and passengers be- tween the northerly end of Palm Street and the southerly end of Agate Avenue, unless temporarily prevented by acts of God, unavoidable accident, war, or riot, then the City of Newport Beach shall be vested with the option' and shall have the right in Its dis- cretion to take possession of the ferry slips, the boats, vessels, and all other appliances and equipment used by the then holder of the franchise, and to operate said ferry for the benefit of the public, and shall deduct from all revenue received from the operation thereof the expenses of said opera- tion and pay the remainder, If any, to the person entitled thereto, and the City of Newport Beach shall, during the operation thereof, not be re- sponsible for damages to the prop- erty used resulting from the operation thereof, except through Its failure -to exercise ordinary care. Section 4. The work of construe-' tlon of said ferry slips shall be com- I - menced In good faith within not more than four months from the date of the grant of said franchise' and Shall be contlnuously prosecuted in good faith without unnecessary ,. r avoid- able Intermission or delay. The work of construction In so far as It em- braces acid ferry slips and one ferry boat, as herelnbefore In this Ordi- nance described, shall be completed and In operation within not exceeding eight months from the date of this Ordinance. And If said work be not commenced, prosecuted; or completed within the time or In the Manner specified, said franchise shall be for felted. The grantee of the franchise, his successors or assigns, shall, daring the life of said franchise, pay to the City of Newport Beach, In lawful) money of the United States, two per cent of the gross annual receipts arts - Ing from the use, operation or poases- slon of Said franchise, Including any moneys received for transportation or any other purpose whatever. No percentage shall be paid for the first'., Ifive years succeeding the date of the ;franchise, but thereafter such per- ; tentage shall be paid annually, and it shall be the. duty of the grantee of I said franchise, his successors or as-, signs, to file with the Clerk of the Board of Trustees at the expiration of six years from the 'date of the grant of said franchise and at the ex- plratlon of each and every year there- after, unless In the mean time the City of Newport Beach shall purchase the same, a statement verified by the oath of the grantee, his successors or assigns, or by the manager, or pre- siding officer thereof, showing In de- :tall the total gross earnings- collected or received by said grantee, his suc- Icessors or assigns, during the preced- Ing twelve months for the use of Said franchise In the transportation of freight and passengers, or from any other purpose whatever, from any part of the system for the construc- tion and operation of which said fran- chlSe is granted, and within ten days after the time for filing the aforesaid statement, It shall be the duty of the grantee, his successors or assigns, to pay to the Board of Trustees of the City of Newport Beach.the aggregate .sum of the said percentage upon the amount of. the gross annual receipts arising therefrom. If the Said amount paid Is Incorrect In the judgment of the Board of Trustees they may order the payment of such' additional Sum f as they may find due thereunder, and if said sum be not paid the same shall be collected by suit. Any neglect, omission or refusal by said grantee. his successors or assigns, to file said verified statement or to pay the said percentage- of Said gross annual re- ceipts at the time and In the manner herein provided for shall Ipso facto ,work a forfeitare of said franchise. The owner and holder of the fran. chise shall at all Naves furnish trans portation to every officer of the City i V .i� i c i I Y i I , y I I �� Deputy Clerk of TETUITY­oT Newport Beacb.9 Cal. z r (of Newport Beach. when engaged iu The grantee of said franchise shall .I the discharge of official business on and does hereby accept every condi- behalf of the City. and to all ('. t: em- Ron, provision, restriction and limith- i ployees engaged in their cmplovmenl tion set forth herein and shall be and } for the City, without charge to such Is required to file 0 written ac- i officer, employee or the City of New- ceptance of the terms and conditions 'port Beach, and shall further furnish thereof, with the Clerk of tits Board; transportation to the teams, wagons.; of Trastees of the City of Newp irt� trucks, and all other equipment be- Beach within thirty days after tile. longing to the City of Newport Beach passage of this Ordinance granting �J whenever being used by the City or, the same. by Its employees or officers in the: Nothing set forth herein or to be service of the city. including any contained in the grant of said fran - freight required by the City to be chlse snail be construed as Pn3venting I transported for the purpose of the, for restricting the right of the City of City without compensation. . Newport Beach to acquire and operatli Section 5. Any neglect, failure or a municipal ferry or to grant frau- refusal to comply with any of the l chlses therefor to others except as conditions of said franchise, and time to the northerly end of Palm Street Is hereby made of the essence there - and the southerly end of Agate Ave - of. shall thereupon immediately ipso • nue. facto effect a forfeiture thereof and I Section 7. This Ordinance shall the City of Newport Beach, by its Make effect and be in force thirty daFs Board of Trustees. may thereupon de -I after Its passage and In the mean clare said franchise forfeited and may, time it shall be printed and pmidisaed exclude said grantee, his successors' once In the "Newport News." a week - or assigns, from any further use of • ly newspaper, printed, published and the franchise granted: and the said circulated In the City of Newport grantee, his successors or asslgns,l Beach. shall thereupon Immediately Sur -I The above and foregoing Ordinance render all rights. In and to the same No. 132 was passed at a regular meet. and the franchise shall be deemed and Ing of the Board of Trustees of the shall remain null. void and of no City of Newport Beach held oil the effect. 4th day of June, 1917. by the folioti,iug Section 0. The grantee of said vote, to -wit: franchise shall file with the Board of Ayes— Trustees H. A. Robinson, J. Trustees a bond running to said City , J, Schnitker. Gen. P. Wilson, J. C. Me- in the penal sum of one thousand, : Cain, J. P. Greeley. . dollars ($1,000.00) with at least two Noes Trustees: None. t good and sufficient sureties, to be ap -. I Absent — Trustees: None. proved by the Board of Trustees, con- The above and foregoing Ordinance } ditioned that he shall well and truly No. 132 Is this day signed and ap- observe. fulfill and perform each and I proved by me, the 4th day of June, every term and condition of said fran- 1917. -_ chile, and that In case of any breach H. A. ROBINSON, of condition of said bond the whole President of the Board of Trustees amount of the penal sum thereof shall City of Newport Beach. be taken and deemed to be liquidated. Attest: C. M. CREGO, damages, and shall be recovered from Clerk of the City of Newport Beach. _ the principal and sureties upon said By J. ROYAL LEMON, bond. _ If said bond be not so filed, tile;: Deputy Clerk. i award of said franchise shall be set ; _ aside, and any money paid therefor • will be forfeited. A like bond shall be filed by each successive owner of the franehise. 'z Deputy b,J.Royal Lemon Clerk of th�ity of Newport Beach, do hereby that the forgoin�Aordinance'„was passed by the Board of Trustees certify of the City of Newport Beachszk signed by the President of said Board and attested by the City Clerk, all at a regular meeting of the Board r of Trustees held on the 4th. Day of June 1917, and that said ordinance has been printed and published according to law. Deputy Clerk of TETUITY­oT Newport Beacb.9 Cal. z r