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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 -2-