HomeMy WebLinkAbout66-032RESOLUTION 66-32 DECLARING THE FORFEITURE OF THE
NONEXCLUSIVE FRANCHISE TO OPERATE BUS SERVICE FOR
THE TRANSPORTATION OF PASSENG~2{S OVER THE SlStEETS
OF THE CITY OF SANTA ANA GRAI~ED BY ORDINANCE NS-612
WHEREAS, on July 16, 1962, the City Council of the City of Santa Aha
declared its intention by Resolutio~ No. 62-137 to grant a franchise to
Eunice M. Clayton, Ralph O. Clayton and V. Beatrice Clayton, doing business
as Santa Ana Bus Service, to operate a passenger carrying motor bus service
within the City of Santa Ana; and
WHEREAS, by the terms of said Resolution, the said franchise was
to be subject to all of the provisions of Article XIII of the Charter of the
City of Santa Aha; and
WHEHEAS, following a public hearing, the City Council of the City of
Santa Aha by Ordinance described as NS-612, dated October 15, 1962, granted a
nonexclusive franchise to Eunice M. Clayton, Ralph 0. Clayton and V. Beatrice
Clayton, doing business as Santa Ana Bus Service, for a period of l0 years
from the effective date of said ordinance to operate a motor bus service over,
upon and across the public streets of the City of Santa Aha within its corporate
limits; and
WHEREAS, by the terms of said ordinance, the said franchise was to
be subject to all of the provisions of Article XIII of the Charter of the City
of Santa Ana; and
W~EAS, by Notice of Acceptance filed with the Clerk of the Council
on November 15, 1962, the said Eunice M. Clayton, Ralph O. Clayton and V.
Beatrice Clayton, doing business as the Santa Aha Bus Service, did unconditionally
accept the non-exclusive franchise granted to them by the said Ordinance NS-612;
and
WHEREAS, the City Council is informed and believes that, by mesne
conveyances, the nonexclusive franchise has, since its granting, been ostensibly
owned by persons other than the original grantees; including, but not necessarily
limited to, Mr. Lorrin W. Walters, Mr. Clyde Musackand, most recently, the
United States Government and American Transit Corporation; and
WH~i~EAS, by Section 1300 of the Charter of the City of Santa Ana, it
is provided:
"No grant of any franchise may be transferred or assigned by the
grantee except by consent in writing of the City Council and
unless the transferee or assignee (sic) thereof shall covenant and
agree to perform and be bound by each and all of the terms and
conditions imposed in the grant or by procedural ordinance and
by this Charter", and
WHEREAS, the consent of the City Council has never been either sought
or obtained, in writing or otherwise; and,
W~iEREAS, by the terms of the grant of franchise it was provided:
"That Eunice M. Clayton, Ralph O. Clayton and V. Beatrice Clayton,
doing business as Santa Aha 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
Aha 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", and
WHEREAS, rather than extending the service to new areas of the City,
the Santa Aha Bus Service has elimninated lines from its service, ~ud has
curtailed its activities altogether on occasion, leaving the City without
bus service of any kind; and
WHEREAS, it has been clearly demonstrated that the said Eunice M.
Clayton, Ralph O. Clayton, and V. Beatrice Clayton, doing business as Santa
Ana Bus Service, are incapable or unwilling to provide the service contemplated
and described by the said Ordinance NS-612, and have attempted, without
requisite consent, to divest themselves of the said franchise;
NOW, THEREFORE~ BE IT RESOLVED AS FOLLOWS: That the nonexclusive
franchise heretofore granted to Eunice M. Clayton, Ralph O. Clayton, and
V. Beatrice Clayton, doing business as Santa Aha Bus Service on the 15th day
of October, 1962 by Ordinance NS-612, and accepted unconditionally by them
on November 15, 1962, said franchise being to operate a motor bus service
over, upon and across the public streets of the City of Santa Ana within its
corporate limits, is hereby revoked, forfeited, and terminated this 7th day
of March, 1966, for failure of the grantees to abide by the terms of the
franchise in material and essential particulars, as described in the preemble
hereto.
PASSED AND AD01~I'~D by the City Council of the City of Santa Aha At
its regular meeting held on the 7th day of March, 1966.
ATTEST:
CLERK OF THE COUNCIL
STATE OF CALIFORNIA)
COUNTY OF ORANGE )
CITY OF SANTA ANA )
SS
I, DORIS M. BROWN, do hereby certify that I am the Clerk of the Council
of the City of Santa Ana; that the foregoing Resolution was regularly introduced
to said Council at its regular meeting held on the 7th day of March, 1966, and
was at said meeting regularly passed and adopted by the following vote, to wit:
AYES,
COUNCILMEN: Gilmore, Brooks, Burk, Herrin, Markel,
McMichaet, Harvey
NOES, COUNC IL~EN: None
ABSENT, COUNC~: None
CIiEP~ OF TNE COUNCIL
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