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HomeMy WebLinkAboutOrdinance No. 427 ORDINANCE NO. 427 AN ORDINANCE OF THE CITY OF AZUSA AMENDING ORDINANCE NO. 396 ENTITLED, "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 ORE MAY HEREAFTER EXIST IN THE CITY OF AZUSA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA" AND AMEND- ING SECTION 17 AND SECTION 20 THEREOF. The City Council of the City of Azusa does ordain as follows: SECTION 1. That Section 17 and Section 20 of Ordinance No. 396 of the City of Azusa entitled, "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," is amended to read as follows: SECTION 2. Section 17 of Ordinance No. 396 shall be amended to read as follows : SECTION 17. By the acceptance of this franchise Grantee agrees to pay commencing January 1, 1952, a sum equal to 2% 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 licensee and the sources by which derived together with such explanatory statements as may be necessary. All such accounting statements shall be filed in triplicate -1- with the City Clerk. Such statements shall be verified by a proper officer of the licensee. 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 3 . Section 20 of Ordinance No. 396 shall be amended to read as follows: 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 Grantee hereunder and to any other persons, firms or corporations interested. That at said hearing, the -2- Council shall take evidence upon the question of public convenience and necessity and shall make a find- ing 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, proposes to grant a franchise to any carrier or the Grantee. The same shall not be done until after 30 days wkitten notice has been given to Grantee during which time Grantee shall have the option to exercise the same rights to be granted such other carrier. If Grantee exercises such option no franchise shall be granted to such carrier. 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 4 . The Mayor shall sign this ordinance and the City Clerk shall attest same and certify to the passage, adoption and publication thereof and shall cause the same to be published, as required by law in the Azusa Herald and Pomotropic, a weekly newspaper of general circulation, published and circulated in the City of Azusa, which said newspaper is hereby designated for that purpose. KARNES ATTEST: Mayor of the City of Azusa M. A. HYNES City Clerk of the C ty of Azusa. August Passed, approved and adopted this 7th day of gyp, 1950. -3- I HEREBY CERTIFY, that the above and foregoing Ordinance was duly passed and adopted by the City Council of the City 7th August of Azusa at its regular meeting held on the itbh day ofgx.117, 1950, by the following vote, to-wit: AYES: Councilmen: Jackson, Ortuno, Seltzer, Memmesheimer, Jones NOES: Councilmen: None ABSENT: Councilmen: None M. A. HY D City Clerk of t = City of Azusa I do further certify that I caused said Ordinance to be published prior to the expiration of fifteen days from the passage thereof in the Azusa Herald and Pomotropic on the 17 day of August , 1950, a newspaper of general circulation, printed, published and criculated in said City of Azusa, and that the same was published in accordance with law. ; ,-/ a —mor / M. A. HYN City Clerk of thegv ty of Azusa -4-