HomeMy WebLinkAbout474 - J A Beek Franchise•
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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)
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