The URL can be used to link to this page

Home My WebLink About1045 - Toll Ferry FranchiseSTATE OF CALIFORNIA COUNTY OF ORANGE CITY OF NEWPORT BEACH STATE OF CALIFORNIA ) SS. COUNTY OF ORANGE ) I, - WmoWlneska--- - - - - -- -- being first duly sworn and on oath, depose and say that I am the Advert_ is_ ing.._ PRanager..- ............... - .............. of the Newport Harbor News Press -DAILY PILOT, a news- paper of general circulation in the City of Newport Beach, County of Orange, State of California, and that C it-!- _Ordinance .. Number. 1043.- --- _-.......--- -- -- of which +he copy printed hereon is a true and com- plete copy, was printed arrd published in the regu- lar issue (s) of said newspaper on------------------------------------ --- ------ July - 11 ..... - 96 ) - - - - -- -------- � __ '44- - - - - -- C�- Subscribed and sworn to before me this ... llth- - - -_ -- day of - - - - -- 7 T �"----- -------------- _---- -- - - -- -� 96-3---- - r1lic Notary ana for +I' County of Ora g e of California My Commission expires ) )SS_ 1, MARGERY SCHROUDER, City Clerk of the City of Newport Beach, California do hereby certify that the foregoing .... Qrdinenc e - - • - • - - - - - No. .. - 1045.... was duly and regularly adopted, passed and approved by the City Council of the City of Newport Beach, California, at a regular meeting of said City Council held at the regular meeting place thereof, on the ...8th -------day, of ... .- JJV1y----------------------------------------- 19 63.... by the following vote: AYES: COUNCILMEN .... Stodda ;d,-- Grgb @r,-- Cfook,- .I� ;t, -J orenz,- �vIarshall,- Elder- NOES: COUNCILMEN ------- N9Ae------------------------------------------------------------- ABSENT • . ......: OU.. C .... N..C.. IL MEN ---•- - on e - ... ........... ........ ..• • ................... N -....... -- - . ........ ......... Dated this 30th.... day of ----- --•- October ----------------------------------- 19 63--- City Clark of th. Cllr t Newport Beach, State of Californla r ;AN tlR DIORDINANCE NO. 1045 NANCE OF THE CITY OF NEWPORT BEACH GRANTING A FRANCHISE TO OPERATE A TOLL FERRY WHEREAS, Balboa Island Ferry, a' California corporation, has made appll -! catioi for a franchise to operate a toll ! ferry across Newport Bay between Palm Street, Balboa, and Agate Avenue,.Bal- boa Island, all within the City of New. Port Beach, for the transportation Of Passengers, vehicles, and freight; and WHEREAS, the City Council adapted a resolution declaring its intention to grant a franchise to said applicant and Setting out the terms and conditionfl upon which such franchise was Proposed to be granted and fixing the time and Place when and where persons having an interest therein or any obieotion� thereto could appear before the Clty Council and be heard thereon: an,l WHEREAS, said resolution was duly and regularly Published within 15 days after the adoption thereof and at least 10 tlays prior c the date of hearing and WHEREAS, a hearing on the granting'; of said franchise has been regularly held by the City Council and a decision made thereon; NOW, THEREFORE, the City Cnuncll Of the City of Newport Beach does ordain as follows: SECTION I. There Is hereby gran`.etl to Soiree Island Ferry, - of s Calif or nla corporation, for a term twenty Jive (25) Years from the date " Passage of ;his ordinance,, a franchise to con- struct, maintain and operate, a_ 'oil ferry for the transportation of Passengers, ve. hicles, and freight across Newport Bay s. between the northerly end of Palm Street, Balboa, and the southerly end o1 Agate Avenue, Balboa Island, all within the City of Newport Beach, California. SECTION 2. The grantee of this fran- chise, at all times during the existence thereof, shall keep and maintain suffi- cient safe and adequate landings for the operation' of a ferryboat or 'boats and shalt keep, maintain, and operate Sale and adequate ferryboats to Provide all the reasonable and necessary trans- portation at passengers, Vehicles. and freight from Balboa to Balboa Island. SECTION 3. The grant of this Iran chile shall not in any way or to any extent impair or affect the right of the CRY to acquire the Property of grantee either by Purchase or through :the, exer- also of eminent domain and, in the event of such acquisition by either means, this franchise shall have no monetary value. SECTION' 4. The grantee shall during the existence df this franchise Pay to the City et Newport Beach 'we -per. rent (2 %) of the annual gross receipts of grantee from its operations under this franchise. Grantee within three (3) months after the close of each calendar Year, or the 'close o/ grantee's fiscal Year if 'different than the alendar Year,,, a Portion of which falls within :he term of this franchise, shall file with the Director of Finance of the City' of New Pert Beach a verified statement showing In detail the total gross receipts at grantee during such calendar year or fiscal Year or portion ihere0f arising from its operations under this franchise. Said statement Shall be accompanied by full Payment to the City of the amount due under this franchise for Such Year or such Portion. SECTION S. The grantee shall net adept or enforce any fates, charges o1 . regulations which discriminate in favor of one patron against another patron Or any rates, charges Of re9Ua lions conff5•ry fo nr net authorized by aP- Plicable regulations.' SECTION 6. This franchise is subie to all of the terms and conditions herein' expressed and is also sublets to all Of the terms and conditions ) of Article Xlll of the Charter o/ the City of. Newport Beach. SECTION 7. This franchise shall not become effective unless, within ten (10) tlays a•tei pie adoption of. this ordi- nance, wchien acceptance thereof is filed with the City Clerk by the grantee and Upon filing Such acceptance, grantee • thereby agrees to be bound by all the terms and conditions herein expressed and by all of the terms and conditions 01 Article XIII of the Charter of the' City of Newport Beach. SECTION 0. In the event grantee fails, refuses or neglects to cam lyY 10"it all the terms' and conditions hereof and of Article XIII of said Charter, then th City Council of the Citv of Ne. 1 Beach shall declare a forfeiture ellude franchise and thereupon shall eAud gfax2 and 3g persons from -,W enjoyment and Possession therof Et SECTION 9. Emergen' ordinance a i is nece55afY as an area pfeSerVing I0e Public safety antl shall taif force Upon its the urgency el 8I th is if ContinUOUS oI atio0 ' between Balboa and nece55afY to PfpVltle fire Protection m b! bd and dnd to Proviuv a -- o Iranspo Isl rtation service to ttoe make le I he City I1 is necess3r ortlinance nl'e'hPeho ,Y to la lyand der pf o ra upo aut n .the above -R po5¢ the QUfY to pfnVlde such Cen1m000s 10. This ortlinance shall be ee in the official newspaper.- pilot, 1961 622.63