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HomeMy WebLinkAboutNS-612ORDINANCE NO. NS-612 GRANTING A NONEXCLUSIVE FRANCHISE TO OPERATE BUS SERVICE FOR THE TRANS- PORTATION OF PASSENGERS OVER THE STREETS OF THE CITY OF SANTA ANA WHEREAS, pursuant to Section 1303, Article XIII, of the Charter of the City of Santa Ana, the City Council of the City of Santa Ana did on the 16th day of July, 1962, pass and adopt a resolution declaring its intention to grant the franchise herein provided for, stating the names of the proposed grantees, the character of the franchise, and the %erms and conditions upon which it was proposed to be granted, and further fixing the 20th day of August, 1962, at 7:30 P.M., in the Council Chambers, City Hall, Santa Ana, California, as the time and place when and where any persons having any interest therein, or any objection to the granting thereof, may appear and be heard thereon; and WHEREAS, said resolution has been published in the official newspaper in accordance with said Section 1303 of Article XIII of the Charter of the City of Santa Ana; and WHEREAS, at the public hearing held at the time and place aforesaid, any and all objections have been overruled; and it appearing that the granting of this franchise is to the advantage and best interests of the City; NOW, ORDAIN AS FOLLOWS: SECTION 1. Beatrice Clayton, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES That Eunice M. Clayton, Ralph O. Clayton and doing business as SANTA ANA BUS SERVICE, are hereby granted a nonexclusive franchise for the period of Ten years from the effective date of this ordinance, to operate a motor bus service over, upon and across the public streets of the City of Santa Ana within the corporate limits of said City as they now exist or may hereafter be enlarged, subject to all of the terms and conditions hereinafter set forth. -1- SECTION 2. 'lq%at the franchise granted hereby shall be non- exclusive, the City Council reserving to the City the right to grant additional similar or dissimilar franchises for the same purpose within the City or within any specified area of the City. SECTION 3. of the provisions Santa Ana. That this franchise is and shall be subject to all of Article XIII of the Charter of the City of SECTION 4. That this grant of franchise shall be void and of no effect unless the grantees thereof shall, within 30 days from the effective date of this ordinance, file with the Clerk of the Council an acceptance in writing of this franchise. SECTION 5. By their acceptance of this franchise, the said grantees shall and do thereby covenant and agree to perform and be bound by each and all of the following terms and conditions: (a) Comply with all lawful ordinances, rules and regulations theretofore or thereafter adopted by the City Council in the exercise of its police power governing the construction, maintenance, and operation of the grantees' plants, works, or equipment; (b) Pay to the City on domand the cost of all repairs to the public property made necessary by any of the operations of the grantees under such franchise; (c) Indemnify and hold harmless the City and its officers from any and all liability for damages proxi- mately resulting from any operations under such franchise; (d) Remove and relocate without expense to the City any facilities installed, used, and maintained under the franchise if and when made necessary by any lawful change of grade, alignment, or width of any public street, way, alley, or place that is not a freeway to which all rights of access have been acquired by the State of California, -2- including the construction of any subway or viaduct, or if the public health, comfort, welfare, convenience, or safety so demands; (e) Pay to the City during the life of the franchise the sum of $50.00 per year for each motor bus operated hereunder, payable $12.50 per bus each quarter year, in advance, and the further sum of $3.00 per year for each motor bus operator, payable annually in advance, said payments to be in lieu of all and any other business license payments to said City. SECTION 6. This Ordinance shall take effect thirty days from and after the date of its adoption. PASSED AND ADOPTED by the City Council of the City of Santa Ana at its regular meeting held on the l~...t~., day of October , 1962. ATTEST: CLERK OF THE COUNCIL STATE OF CALIFORNIA) COUNTY OF ORANGE ) SS CITY OF SANTA ANA ) I, DORIS M. BROWN , do hereby certify that I am the Clerk of the Council of the City of Santa Ana, California; that the foregoing Ordinance was introduced at a regular meeting of the City Council of said City held on the 1st day of October~ 1962, and was again considered by said Council at its regular meeting held on the 15th day of 9c~%9~bet , 1962, and at said meeting was regularly passed and adopted by said Council by the following vote, to-wit: AYES, NOES, ABSENT, COUNCILMEN: COUNCILMEN: COUNCII~EN: Royal E. ~ubbard, Henry N. Schlueter, James G~]more, A. A. Nmtk B~b Brewer None CLERK OF THE C6UNCIL -3-