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HomeMy WebLinkAboutCC ORD 1946-723 Franchise (Not codified)'7 `Z 3 ORDINANCE No. 723 AN ORDINANCE OF THE CITY OF NATIONAL CITY STRIKING OFF, SELLING, AWARDING AND GRANTING TO SAN DIEGO ELECTRIC RAILWAY COM- PANY, A CORPORATION, AS THE HIGHEST CASH BIDDER THEREFOR, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE AND AUTHORITY TO OPERATE, FOR A PERIOR COMMENCING ON THE EFFECTIVE DATE OF THIS ORDINANCE, AND ENDING ON THE 10TH DAY OF NOVEM- BER, 1973, AUTOMOBILE BUSES, STAGES AND/OR OTHER SELF PROPELLED VEHICLES FOR THE TRANSPORTATION OF PASSENGERS FOR HIRE ALONG AND UPON CERTAIN STREETS IN TIIE CITY OF NATIONAL CITY. WHEREAS, SAN D1EGO ELEC- TRIC RAILWAY COMPANY, a cor- poration organized and existing un- der the laws of the State of Califor- nia, on the 16th day of July, 1946, filed with the Council of the City of NATIONAL CITY a certain writ- ten application for a franchise and authority to operate, for a period commencing on the effective date of this ordinance, and ending on the loth day of November, 1973, auto- mobile buses, stages, and/or other self-propelled vehicles for the trans- portation of passengers for hire along and upon certain streets in the City of National City, upon certain terms and conditions fully set forth in said application, reference to which said application so on file is hereby ex- pressly made; and WHEREAS, the City Council of said City of National City, by its certain Resolution No. 4149, which was duly and regularly passed and adopted by said Council on the 16th day of July, 1946, resolved, deter- mined and proposed to grant such franchise upon said proposed terms and conditions, and resolved that the fact of said application, together with a statement that it was pro- posed to grant the same, be adver- tised in the form and manner pre- scribed by law, and that the City Clerk of said City of National City so advertise said facts; and WHEREAS, said tonne has been so published and advertised in the form and manner and in full com- pliance with the terms and provis- ions prescribed in said resolution, and otherwise prescribed by law, and particularly in accordance with the terms and provisions of that certain Act of the Legislature of the State of California entitled "An Act Providing for the Sale of Street Railroad and other Franchises in Counties and Municipalities, and Providing Conditions for the Grant- ing of such Franchises by Legisla- tive or other Governing Bodies, and Repealing Conflicting Acts", approv- ed March 22, 1995, as amended, and the full publication of said notice was completed not less than twenty (20) nor more than thirty (30) days before any further action was taken thereon; and WHEREAS, on Tuesday, the 3rd day of September, 1946, at the hour of 8:00 o'clock P.M., of that day (being the hour and day named in said notice up to which sealed bids for said franchise and authority would be received), all sealed bids were publicly opened by said City Council, and the only sealed bid re- eeived was the bid of San Diego Electric Railway Company, a cor- poration, applicant as aforesaid, said bid being in all respects in the form and manner required by law, and being accompanied by the certified check of said bidder for the full amount of its said bid, to wit ninety dollars (90.00), and said bid not hav- ing been raised by any person, and there being no other sealed bid or any oral bid and said applicant be- ing the highest, best and only cash bidder for said franchise and au- thority and being responsible, and said Council by its Resolution No. 4184, which was thereupon duly and regularly passed and adopted, pub- licly resolved and declared that said. applicant was the highest, bestand; only bidder for said franchisee, and that said franchise be then and there struck off, sold and aWard'er to said San Diego Electric Railway Company, and that said appincant be granted said franchise andian- thority by proper ordinance offl* nal grant; and WHEREAS, the bond required to: be given by the successful bidder in. the sum of One Thousandand no/ 100 Dollars (51,000.00), as set forth, in said notice and advertisement, has been given in the form an43t manner required by law, and has been ap- proved by said City Council; and. WHEREAS, all provisions and: re- quirements of law with respectto the granting of such franchiseto said applicant have been fhdilj com- plied with and all acts and things essential to the due, proper and lrs* gal authorization of this finalgir ant of franchise and authority have been. done by said City of National City and the Council of said City and by said applicant, Grantee, and in due and proper time, form and manner;: NOW, THEREFORE, '1'RF CITY COUNCIL OF THE CITY OF NA- TIONAL CITY DOES ORDAIN AS FOLLOWS : SECTION 1. That there is, hereb1l granted to San Diego Electric Rails way Company, a corporalion;, its successors and assigns, the franchise. and privilege to operate, over and upon pubis: streets of the City of National City and along the routes hereinafter described, buses,, ,'.✓ages, and all other types of se18-prope:led. vehicles, carrying passengers' for hire between any points inside or outside said City. SECTION 2. The Grantee: ofthiss franchise shall furnish passenger transportation between the City of National City and tare down -town area of the City of San Diego, SECTION 3. That said franchise and privilege shall continue nora period commencing on the effective. date of this ordinance and ending on, the 10th day of November„ 1973. SECTION 4. That the Grantee of this franchise shall, commencing' Cn the effective date of this franchise, pay to the City of Nationals City an- nually two (2) per cent,. of the gross annual receipts of the person, partnership or corporationto whom: this franchise is awarded;. arising from its use, operation, or paese$sibn:. The gross annual receipts= a icing from the use, operation on possess sion of this franchise shall be de- termined as follows: The total gross annual receipts of the-rontee's particular line or lines which traverse the route: or` routes covered by this franchise,.. both inside and outside. the City of National City, shall be ascer- tained. The total number of ve- hicle miles operated by the gran- tee during the year on that 1,ar- tieu7ar line or on those par; i_ular lines, both inside and outside. the City of National City, s0all also be ascertained. The gross aanmal receipts arising from the use,. op- eration or possession of this Iran- chase of which the grantee shall pay two (2) percent to the. City of National City, as hereinabove provided, shall be that proportion. of the total gross annual receipts (bothinside and outside the: City of National City) of the' pardons la line or lines which, traverse the route or routes covered by this franchise, which the- number - of vehicle miles operated: onsuehs. particular line or lines inside the. City of National City during: the: year, bears to the total number of vehicle miles operated on such particular line or lines bathe inside' and outside the City of Nritibna:P City during the year. Vehicle miles per annum means the total number of miles operated by all of the grantee's buses, stages and other self-propelled vehicles on the particular line or lines dur- ing the year. The accounting period, for the pur- pose of the percentage payment herein provided for, shall be the calendar year, and the grantee shall, on or before the 15th day of Feb- ruary in each calendar year, com- eencing on February 15, 1947, file With the City Clerk a sworn state- ment of its gross annual receipts ari9111g from: the use, operation or pessesellon= of Odefranchise, deter- mined as hereinbefore specified, which) statement shall contain the total gross annual receipts and ve- b.tcie mileage figures hereinbefore mentioned, and the grantee shall, on or before said date-, pay the said two: (2). per cent to. the City Treas- urer;; provided;however, that upon thai expiration or any prior termina- tionof this franchise the final ac- counting and payment shall be clue eat or before forty-five (45) days af- tnr; such. expiration- or prior ter- mination. . The City Council or its authorized representatives, shall have the right annually to examine the books and accountsof the grantee which relate to the said percentage payment,:. and to examine under oath the officers;agents and em- ployees of the grantee on that sub- ject. SECTION 5. The grantee of this franchise- shall,in all of its op- erations- hereunder, comply with all applieable Laws and lawful ordinan- ces, national,state and local, and with all lawful- orders, rules and regulations- of the Railroad Com- mission of the State of California as to- rates andservice, and with all lawful orders,rules and regula.- t;ihns: of all other public regulatory bodiesor agencies having jurisdic- tion. withrespectto said operations. S'eCTION 6, The franchise and ilege herein granted shall be ex- clusive - inthe operation of buses, stages, and all other types of self- prepehed vehicles,, to carry passeng- ersfor hire, along and upon the followingdescribedroute or routes in- said, City of National City; (a) Commencing, at the intersection of. Main Street and the bound- aty line between the City of National City and the City of San Diego; thence along Main. Street to National Ave- nue; and thence along Na- tional Avenue to the south- erly boundary line of the City of National City. (b) Commencing at the intersec- tion of. 13th Street and Na- tional. Avenue; thence along 13th. Street to McKinley Ave- nue; thence along McKinley Avenue to 18th Street; thence along. 18th Street to Taft Avenue; thence along Taft Avenue to the extension of I-iarbor Drive; and thence along the extension of Harbor di to lath Street. (c). Cerameneing at the intersec- tion. of Harbor Drive and the boundary line between the City of National City and the City of San Diego; thence along Harbor Drive to 8th Street; thence along 8th Street to Highland Avenue; and thence along Iighland Ave- nue to the southeriy boun- dary line of the City of Na- tional City. (d)- Commencing at the intersec- tion of 8th Street and A Ave- nue; thence along A Avenue to 7th Street; and thence along 7th Street to National Avenue. (e)- Commencing et the intersec- tion of 4th Street and Nation- ale Avenue; thence along 4th Street to J Avenue; thence along J Avenue to 8th Street; thence. along Sth Street to Harbison Avenue; thence along Harbison Avenue to 16th Street; and thence along 16th Street to the easterly boun- dary line of the City of Na- tional City. (f) Commencing at the intersec- tion of 18th Street and the boundary line between the City of National City and the City of San Diego; thence along 18th Street to Granger Avenue; and thence along Granger Avenue to the south- erly boundary line of the City %P National City. (g) Commencing at the intersec- tion of 18th Street and Grang- er Avenue; thence along 1.8th Street to Highland Avenue. The grantee of this franchise is authorized to turn its vehicles at termini, or intermediate points, along the foregoing described route or routes, either in the intersection of the streets, or by operating around the block contiguous to any street intersection in, any direction. The foregoing described route or routes can be changed or amended at any time by mutual consent, the con- sent of the City of National City to be expressed by resolution of the City Council. SECTION 7. This franchise may be Lerminated by the City Council at any time if the grantee shall fail to operate buses, stages or other types of self-propelled vehicles, to carry passengers for hire, along the route or routes hereinabove describ- ed, for a period of thirty (30) con- secutive days. This franchise may also be terminated by the City Coun- cil on account of breach of any term or provision hereof by the Grantee, and the continuance of such breach for thirty (30) days after written notice thereof to the Grantee. SECTION 8. Operation by the Grantee under this franchise shall be excused while and so long as the Grantee shall be prevented from op- erating by war, riot, insurrection, acts of God; strikes, lockouts, or other labor disturbances; inability to procure labor; inability to procure or maintain equipment; inability to procure gasoline, oil, tires or other necessary supplies; legislation, na- tional, state or local; lawful orders of public regulatory bodies or agen- cies having jurisdiction with respect to said operation; or by any other cause of any kind beyond the con- trol of the grantee. SECTION 9. Nothing in this fran- chise contained shall be deemed to prohibit and prevent the City of Na- tional City from establishing and operating municipally -owned and op- erated public transportation by au- tomobile bus along and upon the route or routes hereinbefore in Sec- tion 6 described. SECTION 10. This ordinance shall take effect and be in force on the thirty-first day from and after its Passage, and shall he signed by the Mayor and attested by the City Clerk, and shall be published within fifteen days after its passage at least once in the National City News, a newpaper of general circu- lation, published and circulated in. the City of National City. PASSED AND ADOPTED by the City Council oil the City of National City, California„ this 1st day of October, 1946, by the following vote, to -wit: AYES: Councilmen Adams, Cord- ingly, Newberry, Thatcher. - NAYS: Councilmen None. ABSENT : Fritz. FREDERICK J. THATCHER, Acting Mayor of the City of National City, California. ATTEST: FRANK W. ROGERS, City Clerk. I hereby approve the foregoing Ordinance this 1st day of October, 1946. FREDERICK J. THATCHER, Acting Mayor of the City of National City, California. I hereby certify that the above and foregoing is a full and true copy of Ordinance No. 723 of the Ordinances of the City of National City, Cali- fornia, as adopted by the City Coun- cil of said City, and approved by the Mayor of said City, on the 1st day of ,October, 1046. FRANK W r3',.OGE2S, City Cleric tt, (iiL of Nation ,, a (' f Nayt "�''"'I' AND I HEREBY CERTIFY that the same has been dilly published accord- itxfto law. CTTY CLERK, CITY OF NATIONAL CITY, CALIF- ORNIA.