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RESOLUTION 66-32 DECLARING THE FORFEITURE OF THE
<br />NONEXCLUSIVE FRANCHISE TO OPERATE BUS SERVICE FOR
<br />THE TRANSPORTATION OF PASSENG~2{S OVER THE SlStEETS
<br />OF THE CITY OF SANTA ANA GRAI~ED BY ORDINANCE NS-612
<br />
<br /> WHEREAS, on July 16, 1962, the City Council of the City of Santa Aha
<br />declared its intention by Resolutio~ No. 62-137 to grant a franchise to
<br />Eunice M. Clayton, Ralph O. Clayton and V. Beatrice Clayton, doing business
<br />as Santa Ana Bus Service, to operate a passenger carrying motor bus service
<br />within the City of Santa Ana; and
<br />
<br /> WHEREAS, by the terms of said Resolution, the said franchise was
<br />to be subject to all of the provisions of Article XIII of the Charter of the
<br />City of Santa Aha; and
<br />
<br /> WHEHEAS, following a public hearing, the City Council of the City of
<br />Santa Aha by Ordinance described as NS-612, dated October 15, 1962, granted a
<br />nonexclusive franchise to Eunice M. Clayton, Ralph 0. Clayton and V. Beatrice
<br />Clayton, doing business as Santa Ana Bus Service, for a period of l0 years
<br />from the effective date of said ordinance to operate a motor bus service over,
<br />upon and across the public streets of the City of Santa Aha within its corporate
<br />limits; and
<br />
<br /> WHEREAS, by the terms of said ordinance, the said franchise was to
<br />be subject to all of the provisions of Article XIII of the Charter of the City
<br />of Santa Ana; and
<br />
<br /> W~EAS, by Notice of Acceptance filed with the Clerk of the Council
<br />on November 15, 1962, the said Eunice M. Clayton, Ralph O. Clayton and V.
<br />Beatrice Clayton, doing business as the Santa Aha Bus Service, did unconditionally
<br />accept the non-exclusive franchise granted to them by the said Ordinance NS-612;
<br />and
<br />
<br /> WHEREAS, the City Council is informed and believes that, by mesne
<br />conveyances, the nonexclusive franchise has, since its granting, been ostensibly
<br />owned by persons other than the original grantees; including, but not necessarily
<br />limited to, Mr. Lorrin W. Walters, Mr. Clyde Musackand, most recently, the
<br />United States Government and American Transit Corporation; and
<br />
<br /> WH~i~EAS, by Section 1300 of the Charter of the City of Santa Ana, it
<br />is provided:
<br />
<br />"No grant of any franchise may be transferred or assigned by the
<br />grantee except by consent in writing of the City Council and
<br />unless the transferee or assignee (sic) thereof shall covenant and
<br />agree to perform and be bound by each and all of the terms and
<br />conditions imposed in the grant or by procedural ordinance and
<br />by this Charter", and
<br />
<br /> WHEREAS, the consent of the City Council has never been either sought
<br />or obtained, in writing or otherwise; and,
<br />
<br />W~iEREAS, by the terms of the grant of franchise it was provided:
<br />
<br />"That Eunice M. Clayton, Ralph O. Clayton and V. Beatrice Clayton,
<br />doing business as Santa Aha BUs Service, are hereby granted a
<br />nonexclusive franchise for the period of ten years from the
<br />effective date of this ordinance, to operate a motor bus service
<br />over, upon and across the public streets of the City of Santa
<br />Aha within the corporate limits of said City as they now exist
<br />or may hereafter be enlarged, subject to all of the terms and
<br />conditions hereinafter set forth", and
<br />
<br /> WHEREAS, rather than extending the service to new areas of the City,
<br />the Santa Aha Bus Service has elimninated lines from its service, ~ud has
<br />curtailed its activities altogether on occasion, leaving the City without
<br />bus service of any kind; and
<br />
<br />
<br />
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