HomeMy WebLinkAboutOrdinance No. 396ORDINANCE N0. ,396
AN ORDINANCE OF THE CITY OF AZUSA, GRANTING TO REVEL
FANARA AND JOHN LICAUSE, DOING BUSINESS UNDER THE FICTITIOUS
NAME AND STYLE OF AZUSA MOTOR BUS COMPANY, THEIR SUCCESSORS AND
ASSIGNS,
A FRANCHISE TO
ESTABLISH
AND TO
CONDUCT,
MAINTAIN AND
OPERATE
A BUS LINE UPON
AND ALONG
CERTAIN
STREETS
AND AVENUES
AS THE SAME NOW OR MAY HEREAFTER EXIST IN THE CITY OF AZUSA,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA.
follows:
The City Council of the City of Azusa does ordain as
SECTION 1. INTERPRETATION OF FRANCHISE. As used in
this franchise, the singular number includes the plural, and
the plural number includes the singular. Unless it shall be
apparent from the context that they have a different meaning,
the following words and phrases shall have the meaning stated
in this section, that is:
a. The word "City" shall mean the City of Azusa, a
municipal corporation of the State of California, in its present
incorporated form or in any later reorganized, consolidated or
reincorporated form;
b.. Grantee: The person, firm or corporation to whom
this franchise is awarded and granted by the City Council and
any person, firm or corporation to which it may hereafter be
lawfully transferred as herein provided.
c. Council: The City Council of the City of Azusa.
d. Bus: Any motor bus, motor coach, omnibus, pas-
senger stage or similar vehicle not operated upon fixed tracks
or rails and primarily designed for the transportation of more
than seven (7) passengers,
e. Street: Any public street, road, highway, lane,
alley, court, parkway or similar public place which
now exists or which may hereafter exist within the city.
f. Freeway: "Freeway" means a highway in respect to
which the owners of abutting lands have no right or easement
of access to or from their abutting lands or in respect to
which such owners have only limited or restricted right or
easement of access.
SECTION 2. NATURE OF GRANT. The City of Azusa hereby
grants to Revel Fanara and John Licause, doing business under
the fictitious name and style of Azusa Motor Bus Company, their
successors and assigns, a franchise to construct, install,
operate, maintain, repair and renew a common carrier bus
transportation system as hereinafter described, and in
accordance with the terms and conditions contained in this
ordinance, that is, a franchise to engage as a common carrier
in the business of transporting persons and property for hire
by bus in the areas described in Section 3 hereof upon and
along the routes designated in Section 4 hereof, and such
.routes as may be approved or prescribed by the Council pursuant
to the provisions of Sections 5, 6 or 7 hereof and to construct,
install, operate, maintain, repair and renew in the public
streets along such routes such busses and bus stop .signs as
may be necessary or appurtenant to the conduct of such ,
business and to pick up and discharge passengers in and upon
the public streets along such routes.
Limitations Upon Grant. Provided, however, this
grant of franchise:
a. Shall authorize the operation in the public streets
of such vehicles only as shall conform to such reasonable
regulations as shall be from time to time prescribed by the
Council;
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b. Shall.authorize'the transportation of property by
bus only in the manner and to the extent that such transportation
shall be incidental to and shall nctunreasonably interfere with
the transportation of persons by the Grantee as may be determined
by the Council;
c. Shall be subject to the right of the City to control -
the use of public streets. Pursuant to such right, the City may
adopt regulatory ordinances or resolutions, and,the operations
of the Grantee pursuant to this franchise shall besubject
to such regulation;
d. Shall not authorize the Grantee to engage in any
business or to operate any bus over or upon any freeway here-
after built or established within the City.
SECTION 3. DESCRIPTION OF BUS SERVICE AREAS. The
areas referred to in Section 2 hereof are all areas within
the City limits of the City of Azusa as it is now defined,
together with any extensions of the City limits which may
hereafter be effected.
SECTION 4. DESIGNATION OF BUS ROUTES. The routes
referred to in Section 2 hereof are the following:
Commencing at the intersection of Ninth Street and Azusa
Avenue; thence South on said Azusa Avenue to Foothill Boulevard;
thence East on Foothill Boulevard to Pasadena Avenue; thence
South on Pasadena Avenue to Fifth Street; thence West on Fifth
Street to Dalton Avenue; thence South on Dalton Avenue to Third
Street; thence West on Third Street to Azusa Avenue; thence
South on Azusa Avenue to Paramount Avenue; thence West on
Paramount Avenue to Virginia Avenue; thence North on Virginia
Avenue to First Street; thence East on First Street to Orange -
Avenue; thence North on Orange Avenue to Second Street; thence
East on Second Street to Angeleno Avenue; thence North on
Angeleno Avenue to Third Street; thence West on Third Street
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to Coney Avenue; thence North on Coney Avenue to Fifth Street;
thence East on Fifth Street to Angeleno Avenue; thence North
on Angeleno Avenue to Sixth Street; thence East on Sixth Street
to Azusa Avenue; thence North on Azusa Avenue.to Ninth Street;
thence West on Ninth Street to Angeleno Avenue; thence North
on Angeleno Avenue to Crescent Drive; thence Westerly to Vernon
Avenue; thence North to Eleventh Street; thence East to
Soldano Avenue; thence South to Ninth Street; thence West to
Azusa Avenue, being the point of beginning.
SECTION 5. ADDITIONAL BUS ROUTES. Whenever the
Grantee shall file with the Council a written application
alleging that public convenience and necessity require,that
applicant be permitted to engage in the business of
transporting persons and property for hire by bus upon and
along any route other than those designated in Section 4 hereof,
the Council shall, at a public hearing, take evidence upon
that question and shall make a finding with respect thereto.
If the Council shall find that public convenience and
necessity require then applicant be permitted to furnish such
transportation service upon and along the route set forth in
such application, then Grantee shall have with respect to such
route every right, privilege and duty prescribed by this
franchise with respect to the routes designated in Section 4
hereof or such .other or further rights, and privileges as the
then Council may designate.
The Council may, without any notice, hearing or finding,
approve any route proposed by the Grantee pursuant to this
section; such approval, however, to be effective only for a
period not exceeding sixty (60) days. The Grantee shall have
with respect to such route for the effective period of such
approval, every right, privilege and duty prescribed by this
franchise with respect to the routes designated in. Section 4
hereof or such other or further ;rights and privileges as the
then Council may designate.
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SECTION 6. BUS ROUTES - DEVIATIONS. Whenever any
street area constituting a portion of any one of the routes
designated in Section 4 hereof, or approved or prescribed by
the Council pursuant to authorization granted in this
franchise shall be lawfully closed to use by vehicles of the
type operated thereon by Grantee pursuant to this franchise,
the Council shall designate the reasonably convenient
alternate route, such designation.to be effective for the
period. of the closure. Provided further that pending such
designation by the Council, Grantee shall have the right
and privilege of using for an emergency period not exceeding
twenty-four (24) hours any alternate route reasonably adapted
to the convenience of those served by the original route.
The Grantee shall have, with respect to any alternate route
designated pursuant to this section, for the designated period,
every right, privilege and duty prescribed by this franchise
with respect to the original route.
Section 7. BUS ROUTES - MODIFICA.TIONS. The Council
may at any time upon its own motion or otherwise, take evidence
upon the question as to whether public convenience -and
necessity require an amendment or revision of any one of the
routes designated in Section 4 hereof or approved or prescribed
by the Council pursuant to authorization granted in this
franchise. Such evidence shall be received only at a regular
meeting of the City Council and any resolution authorizing such
modification shall not be put upon its final passage within
thirty (.30) days after its introduction, and the Council may,
in its discretion, require the Grantee to post appropriate
notice of the date of such final reading in each of the
vehicles in service of the Grantee. If after such hearing
the Council shall find that public convenience and necessity
so require, the Council may order the amendment or revision of
any such route and upon the making of such order, the Grantee
shall have with respect to such amendment or revised route,
every right, privilege and duty prescribed by this franchise
with respect to the original route.
SECTION 8. EQUIPMENT AND SERVICE.
a. Grantee agrees that he shall provide, pursuant to
this franchise, such transportation service as shall at all
times conform to such reasonable regulations as shall be from
time to time prescribed by the Council.
b. Grantee agrees that he shall operate vehicles in
the public streets pursuant to this franchise at such times
and in such a manner as shall conform to such reasonable
regulations as shall be from time to time prescribed by the
Council.
SECTION 9. ESTABLIS MONT, MAINTENANCE, SUSPENSION
AND ABANDONMENT OF SERVICE. When the Grantee shall have been
authorized or required by or pursuant to this franchise to fur-
nish transportation service upon and along any route,, such
transportation service shall be established by the Grantee upon
and along such route within such reasonable time thereafter as
shall be prescribed by the Council, provided, however, that
establishment of transportation service upon any additional
route authorized pursuant to Section 5 hereof shall not be
mandatory, but if the Grantee shall fail to establish
transportation service upon and along such route within such
reasonable time as shall be prescribed by the Council, then
the right of the Grantee to furnish such service upon and
along such route shall forthwith cease.
After the Grantee shall have established any trans-
portation service
rans-portation.service as in this section provided, such service
shall not, upon any route or portion thereof, be suspended
or abandoned unless such suspension or abandonment be
authorized by the Council.
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Whenever the Grantee shall file with the Council a
written application alleging that public convenience and
necessity no longer requires that the Grantee furnish
transportation service as authorized or required by or pursuant
to this franchise, upon or along any route or portion of a
route, the Council shall at a public hearing take evidence
upon that question and shall make a finding with respect
thereto. Notice of such hearing shall be given for a period'
of fifteen (15) days prior thereto by posting such notice in
each of the vehicles in service on the route affected. If
public convenienceand necessity no longer requires that the
Grantee furnish such transportation service, then the Council
shall, after hearing as provided herein, authorize suspension
or abandonment of such service upon such reasonable terms and
conditions as may be prescribed by the Council.
SECTION 10. BUS STOPS. In establishing and scheduling
bus stops.. Grantee shall conform to such reasonable regulations
as shall be from time to time prescribed by the Council. When.
ever the Council shall so order, Grantee shall. at his own
cost and expense construct, install and maintain appropriate
signs indicating the stops so established or scheduled.
SECTION 11. FARES. The cash value to be charged by
the Grantee shall be not more than ten cents (10¢) for each
person over the age of six (6) years and not more than (10�)
for each person under the age of six (6) years who is not
accompanied by a fare -paying adult, provided that Grantee
may make arrangements to sell with the original fare a transfer
which will entitle the passenger to transportation on another
route under terms to be established by the Grantee and approved
by the City Council. The Grantee is hereby granted the
privilege of changing the bus fare or of making arrangements
for the sale of tokens, tickets, passes, books or other media
or payments of fares, provided the approval of the City
Council is first obtained. Such approval may be given by
resolution provided that such resolution shall not be
placed on its final passage for thirty (30) days after its
introduction.
SECTION 12. •FREE TRANSPORTATION. Grantee shall carry -
free upon all vehicles while the same are in operation,
pursuant to this franchise, the following persons when engaged
in the performance of their duties as officers or employees,
of the City:
a. The Mayor or members of the City Council;
b. Regular police officers or regular firemen;
c. United States mail carriers.
SECTION 13. ACCEPTANCE OF FRANCHISE. The granting of
this franchise will be conditioned upon Grantee filing with the
City Clerk at least ten (10) days before the ordinance granting
franchise becomes effective, a written instrument accepting
the franchise and,agreeing to perform and be bound by each
and all of the terms and conditions thereof but -not to be
effective until all bonds herein provided for or filed with
the City Clerk and approved by the Council.
SECTION 14. TIME FOR PERFORMANCE. Time is declared
to be of the essence of this franchise. By accepting or
permitting performance of any obligation due from the Grantee
under this franchise, after the due date thereof, the City
shall not waive or bar its right to require prompt performance
when due of all other obligations of the Grantee arising under
this franchise.
SECTION 15. TRANSFER OF FRANCHISE RIGHTS. The rights
and privileges granted by this franchise are for the exclusive
use of the Grantee. Grantee shall not permit any right or
privilege granted by this franchise to be exercised by another
nor shall this franchise or any interest therein or any right
or privilege thereunder be in whole or in part sold, trans-
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ferred, leased, assigned or disposed of, either by merger or
consolidat-ion or otherwise, without the consent of the City
expressed by ordinance or res olut ion, 'provided. however, that
the provisions of this franchise shall not require any such
consent and no consent shall be required for any transfer by
Grantee in trust or by way of mortgage or hypothecation
a
covering all or any part of Grantee's property, which transfer,
mortgage or hypothecation shall be for the purpose of
securing an indebtedness of Grantee or for the purpose of
renewing, extending, refunding, rehiring, paying or cancelling
in whole or in part any such indebtedness at any time.
Provided further that no such consent shall be required for
the transfer of this franchise from the individuals doing
business under the fictitious names to a corporation which
may assume all of the duties and obligations of the said
Grantee named hereunder,
SECTION 16. PUBLIC LIABILITY - INSURANCE BONDS.
Grantee shall at all times maintain in full force and effect
a policy of insurance insuring the .payment of any sums which
the Grantee and/or the City of Azusa may become obligated to
pay by reason of any liability imposed uponthem by law for
damages because of bodily injury or death or injury to or
destruction of property arising out of the operation or
maintenance, pursuant to this franchise, of any motor vehicle
or motor equipment. The sums, payment of which shall be so
insured, shall be, with respect to each bus so operated,
not less than the following:
a. For injury to any one person or the death of any
one person arising from any one occurrence . . . . $10,000.00
b.. For injury to two or more persons or the death of
two or more persons arising from any one occurrence, a
total of . . . . . . . . . . . . . . . . . . . . .$50.,000.00
c. For injury to or destruction of property arising
from any one occurrence . .. . • • • • • . . .$ .5,000.00
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SECTION 17. By the acceptance of this franchise
Grantee agrees to pay commencing two (2) years from date
of adoption of this ordinance to the City, a sum equal
to _p of the gross revenue derived in any manner from
the operations of the Grantee under this franchise, said
payments to be made quarterly on the 15th day of January,
April, July and October of each year for the three months
immediately preceding the first day of the month in which
the payment is due. Each payment shall be accompanied by a
full, true and correct accounting showing by items all gross
receipts of the licenz6b:2 and the sources by which derived
together with such explanatory statements as may be
necessary. All such accounting statements shall be filed
in triplicate with the City Clerk. Such statements shall
be verified by a proper officer of the licenses. . The
Grantee shall permit at reasonable times examination of
his books and records by the City Clerk or by an auditor
appointed by the City Council to ascertain the correct
amount of -said gross receipts. For the purpose of
determining the amount of payments to be made pursuant to
this section, the full cash value of any consideration
received by the Grantee in a form other than cash shall
be included in the gross receipts. Receipts from the
sale of tokens, tickets and passes and from all contracts
by the terms of which Grantee agrees to furnish transportation,
shall be deemed to be receipts arising from the transportation
of persons or.property as the case may be, whether or not
such transportation be actually furnished.
SECTION 18. The franchise granted hereunder shall
not in any way or to any extent impair or affect the right of
the City to acquire the property of the Grantee hereof
either by purchase or through the exercise of the right of
eminent domain, and nothing herein contained shall be
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construed to contract away or to modify or abridge, either
for a term or in perpetuity, the City's right of eminent
domain in respect to the Grantee or any public utility.
The price to be paid by the City in any case for the property
to be acquired by it from the licensee by purchase, con-
demnation or otherwise, shall exclude and not take into
consideration any value of the permit hereby granted and any
renewal, extension or amendment thereof.
SECTION 19. OPERATION OF BUSSES, Busses operated
under the terms of this franchise shall at all times be
operated in accordance with the traffic laws of the State of
California, and in accordance with the traffic ordinances
of the City of Azusa in force at the time of the operation
thereof, and in accordance with the provisions of any other
ordinances of the City of Azusa appertaining to the operation
of the business authorized by this franchise and the operator
of each bus operated under said franchise shall obtain an
Operatorts Permit from the Commissioner of Police of the City
of Azusa and shall at all times when operating a bus carry
with him a card of identification issued by the Commissioner
of Police of the City of Azusa, and shall wear a badge bear-
ing a number or other identification exposed to plain view at
all times when operating a bus.
SECTION 20. During such time as this franchise
shall be in effect should any other person, firm or
corporation make application to the City for a franchise to
operate a bus line along any portion of the streets described
herein for a distance of more than five (5) consecutive
blocks then they shall file an application to the City
alleging that public convenience and necessity requires
such additional bus service in addition to the service
furnished under this franchise. Thereafter the Council
shall give notice of the time and place of a public hearing
upon said question. Said notice to be given for a period
of not less than fifteen (15) days prior thereto -to the
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Grantee hereunder and to any other persons, firms or
corporations interested. That at said hearing, the Council
shall take evidence upon the question of public convenience
and necessity and shall make a finding with respect thereto.
Should the Council find that public convenience and necessity
does not require such additional service, no further proceedings
shall be had on said application. Should the City Council
find that public convenience and necessity requires additional
bus service then and in that event the franchise may be granted
to said applicant providing, however, that said franchise shall
not.be granted on more favorable terms than the franchise
Grantees may be operating under at that time. This section
shall be of no force and effect should the Grantee hereunder
file with the City their consent to the granting of the
franchise to such applicant.
SECTION 21. LICENSEE TO HOLD CITY HARMLESS. The
Licensee of this permit shall indemnify, and save free and
harmless, the City of Azusa, against and from all damages,
judgment, decrees, costs and expenditures which said City
may suffer, or which may be recovered from or obtained
against,.the City during the term hereof, for or by reason of
acts done by Licensee during said terms, or growing out of,
or resulting from, the exercise by said Licensee of any,
or all, of the rights and privileges granted by this
permit, or any act, or acts of the servants or agents thereof,
under or by virtue of the provisions of this permit.
J
HOUSTON A...SNIDOW
ATTORNEY AT LAW
722 AZUSA AVENUE
AZUSA, OALIFOIZNIA
TELEPHONE 37501
January 25, 1948
City Clerk
Azusa, Califcrnia
Notice is hereby given that the Azusa Motor
Bus Company, a corporation, as transferee under
franchise granted by ordinance No. 396 of
the City of Azusa, does hereby undertake and
agree and by this document does accept the
said franchise and agrees to be bound by the
terms thereof and. to perform any and all the
terms and conditions thereof, all as set forth
and provided in Section 13 of said ordinance
No. 396 of the City of Azusa.
AZUSA MOTOR BUS COMPANY
FEB 5 1948 LIIJII
M. A. HYNES
CITY CLERK
I
I HEREBY.CERTIFY, that the above and foregoing
Ordinance was duly passed and adopted by the City Council
of the City of Azusa at its regular meeting held on the
5th day of January , 19+8, by the following vote,
to—wit:
AYES: Councilmen: Nasser, Jumper, Memmesheimer,
Dickerson, Malone
NOES: None
ABSENT: None
�.
M. A, Hyne City Clerk of the
C „y of Azusa
I do further certify that I caused said Ordinande
to be published prior to the expiration of fifteen days from
the passage thereof in the Azusa Herald and Pomotropic.on
the 15th day of January, 19481 a newspaper of general cir-
culation, printed, published and circulated in said City of
Azuss. and that the same was published in accordance with law.
City Clark .e C y of Azusa
Publish January 15, 1946.
C. C. CARLETON
CHIEF OF DIVISION
DIVISION OF
CONTRACTS AND RIGHTS OF WAY
(LEGAL)
PVELIG WORRE BUILDING
P. O. BOX I498
SACRAMENTO 7
EARL WARREN
GO V6RNOR OF CALIFOPNIA _J
STATE OF CALIFORNIA
Bcpartment of Public corks
SACRAMENTO a
December 31, 1947
Mae A. Hynes
City Clerk of the City of Azusa
City Hall
Azusa, California
Dear Madam:
C. H. PURCELL
DIRECTOR
PLEASE REFER TO
FILE NO.
VII-LA-9,62-Azu
I have been instructed -to reply to your letter
of December 22, 1947, enclosing copy of proposed ordinance
granting franchise to Azusa Motor Bus Company to operate
a bus line upon certain streets, including some State highways,
in the City of Azusa.
The proposed bus routes, in so far as the State
highways and traffic thereon are affected, have been analyzed
by our Traffic and Safety Department, and there is no objec-
tion to.the bus routes.
We have gone through the ordinance as carefully
as time will permit, it only having been received in this
office this morning, and the Department has no objection
thereto. 'It is particularly satisfactory that the draftsman
of the ordinance had the foresight to exclude future freeways
so that decision as to bus;Operations on freeways in the City
may be made by the City and'the Department when such freeways
are constructed.
I have one suggestion to make, which is in the
nature of a suggestion only, and not an objection on the
part of the Department. In reading through the franchise
twice I have not found any specification of a time limit.
In the franchise for bus operations prepared and submitted
last year by the City of Los Angeles a maximum term or life
of.the franchise was specified at 23 years. It was explained
to us by representatives of the City Attorney's office, who
had given the matter much thought and study, that the 23 year
limitation was inserted not only because of a requirement of
the Los Angeles city charter but also because a definite term
is advantageous to the City in that it brings -about a time
at which the franchise can be renegotiated or a new franchise
granted consistent with conditions as of the later date.
It may be that I have overlooked some language
Mae A. Hynes -- 2 December 31, 1947
in this franchise fixing a definite term, or providing for its
termination, but if there is no such language I respectfully
suggest that the City Attorney consider the advisability thereof.
Verytrulyyours,
Attorne
I �_
STATE OF CALIFORNIA
DEPARTMENT OF PUBLIC WORKS
DIVISION OF HIGHWAYS
DISTRICT VII
SPRING AND SECOND BUILDING
129 WEST SECOND STREET
LOS ANGELES 12. CALIFORNIA
February 2, 1948.
PLEASE REFS
TO FILE NO.
VII -LA
Mrs. M. A. Hynes
City Clerk
Azusa, California
Dear Madam:
Receipt is acknowledged of your letter of
January 29, 1948, enclosing a certified copy of Ordin-
ance No. 396 passed and adopted by the City Council
or the City of Azusa on January 5, 1948.
The terms of Ordinance No. 396 are satisfactory.
Yours very truly,
A. D GRIFFIN
District Engineer-Administrat:
ESG:S icc /I
By E. 3. GRPER
Dist. City & County Projects
I