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Home My WebLink AboutCC Ord 231 1939-05-04 ~Z:O :1:0:0 m....- Ci'l 0....- -oZ ~m~ omO r-...." m>" ;;a _ """"0 - m- IIlz> o r- " "-,0 ""0 C')0'tl m~-< 1- I ~ , . . , " ORDINANCE No.231 AN ORDINANCE OF THE C IT! OF SEAL BEACH, CALIFORNIA, GRANTING TO HARRY ALTER AND WM.FRIEDMAN, A CO-PART- NERSHIP, SUCCESSORS AND ASSIGNS, THE RIGH:.: TO USE, OPERATE AND MAINTAIN THE WHARF OR MUNICIPAL PLEASURE PIER AT THE SotJTHERIiI END OF MAIN STREET AND EltTEND- ING SOUTHER!N FROM THE SOUTHERLY LINE OF OCEAN AVENUE INTO THE PACIFIC OCEAN A DISTANCE OF EIGHTEEN HUNDRED, AND MORE, FEET IN LENlPrH, IN THE CITY OF SEAL BEACH, CALIFORNIA. The Clt}' Councl1 of the City of Seal Beach, Cal1fornia, do ordain; s follows: SlOClTION 1. That the right be and the same is herebJ granted to HARRY ALTER and WM.FRIJ'!lWAJT, a Co-partnership, its successors and assigns, to use, operate and maintain tor a period ot tive(5)years the whart 01' Municipal Pleasare Pier, situated at the Sputherly end ot Main Street in said Clt}' and extended Southerly from the Southerly line ot Ocean Avenue Into the Pacltlc Ocean, a distance ot eighteen hundred, and more, feet in length, and including a right-ot-way over any tidelands, public property 01' streets between said whart 01' pier and hiSh ClIl' dry land, described as tollcws: Bifg1iii:1iiil at tlii 1Jite:nilecUoa of the Southerly prolongation ot the center line of Main Street aa shown on a Map of Bay Cit}', recorded in Book 3, Page 19 of Miscellaneous Maps, reoords ct Orange County, Cal1tornia, with the Southerly l1ne ot Oosan Avenue aa shown on said Map, and ruzming thenoe South 58 43' East algas said Southerly line of Ocean Avenue, 12 teet; thence South 31 171 West tc an lntersecticll with the l1ne ot ordinary hiSh tide ot the Pacific Ocean; thence Westerly along said line ot ordinary high tide to an intersection with a line 24 teet NO'l"thweater17 from and parallel with the second oCllU'se herein6 measured at right angles thereto being a course 1'W1ning South 31 171 West, andtbencl JfoZ'tl1~ 31017' !8st tc the Southerly line of said Ocean Avenue; thenoe South 58 43' East along said Southe~ly line of sa1d Ocean Avenue 12 feet to the poSnt of begtnning. ~be strip of land 24 teet in width being 12 teet .eae~ll4 atb~llsht anglea from each side ot the Southerly prolongation ot the center l1ne ot Main Street as shwon on a Map ot Bay City aa reoored in Book 3, Page 19, bounded on the North by the Southerly l1ne ot said Ocean Avenue and bounded on the South by the or41Jiary high tide l1ne ot the Paoif1c Ocean. SlOClTION 2. Sa1d grantee, its suocessors and assigns, shall have the right to have unencumbered and unobstructed the land and water on each side ot the wharf 01' pier from high-water mark tc navigable water, for a distance of one handred and tltty( 150 j feet, tor the convenience of landing, loading, and unloading vessels, bat tor no other purpose. SECTION 3. Said ~antee, its sucoessors and assigna, s~l have the sole and exclusive right and privilege ot landing, load1ng, and unloading vessels and boats from said wharf 01' pier and to charge tolls -1- ", I. I I Ordinance NUmber and whartage theretore; and, shall also have the exclue1ve right and shall sell bait, tishing tackle and equipment, food and refreshments therefrom, and the exclusive right to transport and convey persons and property to and from the outer end ot said pier by trams 01' similar de- vices;' the operation ot autoiaebl1es and trucks thereon being probibited. Provided further, that the exclusive rights and privileges given to said grantee, its successors or assigns hereunder shall not preclude 01' exclude the general publ1c from the use ot such whart or pier tor boat- ing, fishing, e1ghtseeing, walking or recreation, and from the use of the Southerq 27 feet by 20 feet in width of the bailding on the outer end ot such pier which is hereby expressly 8soepted from this franchise by said City tor the exclusive use ot such publiC as a solaril1lll, nor the private owner of any boat or vessel from landing, loading 01' unload- ing such boat or vessel from such pier in the operation ot which no tee 01' toll is charged. Provided fUrther, that said grantee and its successors or assigns shall compI;J with the provie1ons ot all ordinances ot said City now in force 01' that maJ hereafter be enacted relative to police, tire, health and sanitation measures attecting the operation ot said pier, and shall complY with all laws ot the State ot Calitornia, 01' regulations ot any department thereof, and ot the Federal Government with respect to navi- gation and navigable waters; and, provided furthel'il that the transporta- tion directly 01' indirectly to 01' from said whart 01' pier of any per- son or pereons by said grantee, its sucoessors, assigns, sublessee, agents or employees thereof to or from any boat, barge or place where gambling or games ot chance are conducted shall be deemed a breach ot this franchise and the further right to operate hereunder shall become null and vcid. Provided further, that said grantee, its successors and assigns hereunder agree to so conduct and operate said whart 01' pier ina clean and sanita17 manner in order that the same shall not become a nuisance, and dlall be charged with the conduct ot any subo-lessee with respect thereto; and, shall not make 01' sutter any alterations or additions to be made to said pier during the tem ot this franchise without first having obtained in writing the written consent of said City 80 to do; -2- . . Ordinance Number ~ '. . . and, it is further agreed, that the City shall not be called upon to make 8Zf1 improvements 01' repairs whatsoever thereto, but that said grantee, its successors or assigns, agree to ke,p the same in iood order and condition at their own expense. All repairs to be made under II the instruction and to the satistaction ot the Street Superintendent ot said City ot Seal Beach, California, and that in case that the said grantee, its successors or assigns, fail to comply with the instruct- ions given tor said repairs within ten days atter service ot notice thereot, the Ci1;J of Seal Beach through its authorized agents may enter upon said wharf 01' pier and do all necessary work and keep an itemized account thereot, which said grantee, b1 acceptance of this franchise, agrees to pay immediately upon presentation to said grantee of said account. And at the expiration of said term 01' e:rrr sooner termination ot this franchise, the said grantee, its assigns 01' successors, will quit and surrender the said whart or pier, in as good order and condi- tion as reas6nable use and wear thereot will permit, damages bf the elements excepted. , " I It is further anderstood that the Oity, in making the grant of this franchise, expressly reserves the right to enter upon said wbart 01' pier at 8Zf1 and all times ot day 01' night for the purpose ot inspect. ion, regulation, control 01' improvement thereot, end the enforcement of any and all city ordinances with respect to the operation and main- tenance thereof. I," smTION 4. That the rights and privl1eges herein granted tor the term ot tive(5bears, commencing on the.J:!! day ot !!L.,1939, and ending on the ~ day of APril. 1944, at a total rent 01' 8111II of Sixty-Nine Hundred(j6900.00)Dollars, PSJable monthly in advance, on the 1st day ot each and &Very calendar month ot said term Iii equal II' - parmente of One Hundred(jlOO.OO)Dollars tor the tirst two(2Jyears of said term, and of one Hundred and Twentl'-five(j125.00)Dollars tor tbe last three(3)years of said term; receipt ot the tirst and last months' rental of said term in the amcunt of Two !iundred and Twenty-five ".SS5.00)Dollars, being hereb1 acknowledged b1 said City. And the said grantee, its successors or assigns, do herebf promise and agree to PSJ to the said Ci1;J the rent and sums, herein -3- I I '1 OrQin~nce Number . . reserved in the manner and at the ttmes herein specitied. And the said grantee, its successors or."cassigns, agree to pay all charges tor water, gas and electricity used in, upon 01' in connection with the operation ot said wharf or pier, with the exception ot the public lighting system, public rest rooms and toilets. And it is agreed, that it any rent 01' s~ shall be due and unpaid, or it default shall be made in any of the loven. .... ,'. c.~' '.} ants herein contd.ned, then it shall be lawful tor said C1ty 01' its auth- orized agents to re-enter and take possession ot said whart 01' pier and remove all persons theretl'Om. SmnON 5. The grant ot th1s franchise is e~tective only upcn the further condition that the grantee, within t1ve(5)days atter said fran- chise is awarded to it, tile with the City Council of said C1ty, a bond running to said City in the penal sum ct Five Thousand Dollars($5,OOO.OO: with a Surety Company 01' ;l;wo personal sureties, to be approved by sdd Counol1 and as to torm by the City Attorney, conditioned that said gran- tee shall well and truly observe, fUltl11 and pertorm each and everyt8rm and oot1d1td.an ot this franchise, and that in case ot any breach ot any condition ot said bond the whole amount ct the penal sum therein named shall be taken and deemed to be liquidated damages, and shall be recover- able from the principal and sureties upon said bond. It said bond be not so filed the award ot this franchise will be torfe1ted; and,prcvided turther that no assignment of this franohise shall be valid or 1n force and etteot until wr1tten notice thereof 1s given to said C1ty,consented to by said City, and a like bond is fl1ed with the City Council by the assignee thereot. SECTION 6. The grant ot this franchise is further ettective only upon the turther oondition that the grantee, its successors or assigns, or aD7 sub-lessee thereot, has 01' have obtained all insurance required under this Section and such insurance has been approved by said City, arid such franch1se shall turther cease to operate by any assignee or successor thereot, or sub-lessee thereunder, unt11 all and similar insurance has been cbta1ned, maintained in fUll torce and ettect, and approved; to w1t: (a)Compensation Insurance. The grantee, ~ts successors or assigns, or any sub-lessee thereunder, shall take out and maintain during the term of this franchise adequate Workmen's Compensation Insurance tor -4.. Ordinance Number , ....f, '.,'" . , . . . . I allot their employees employed at such wharf or pier 01' in connection therewith; (b)Public Liability and Property Damage Insurance. The grantee, Its successors 01' assigns, or 8DJ sub-lessee thereunder, shall take out and maintain during the term of this franchise Public Liability and PropertJ Damage Insurance; Publ~c Liability Insurance shall be in an amount ot not less than .5,000.00 torm.~'P1es, ineluding wrongful death, to 8DJ one person, and subject to the same lhtitation for each person, in an amount ot not less than $20,000.00, on account ot one aocident; and, Property 'nallllllse Insurance in an amcunt of not less than $1,000.00'. Sl!X:TION '1. The City Clerk shall cert1f1 to the adoption of this franchise ordinance by a vote ot at least two-thirds ot all the members of the City Council of the 01ty of Seal BeaCh, and its approval by the J\tqor of lla1d City, and shall oause the same to be published once in the Seal Beach Post & Wave, a newspaper ot general circulation, printed and published In said City, and designated for such purpose, and it shall thereupon take effect. ADOP'rED, Attest:~;.Jtt. y er SIGNED and APPROVED this 4th day ot M&:J, 1939. ot ~e~~aal~~:ia. I (SEAL) STATE OF CALIFORNIA) County ot Orange ) ss. City of Seal Beaoh ) I, Ollie B. Padrick, City Clerk of the 01ty ot Seal Beach In the County of Orange, State ot Calltornia; do hereby certif1; that the whole number ot members ot the City Council ot said City is five; that the foregoing ordi~ance was duly passed and adopted by a vote ot at least two-thirds ot the members thereof at a regular meeting ot said City Council duly held on the 4th d&:J of May, 1939, and held not less than five days after the introduction thereot, by the tollowins vote; to wit: Ares; Councllmen:~'~1 ~~ 4,. $d~ Noes;Councilmen: !1t.e~H.J I Absent;Counc1lmen: tY ~t? Of the City CB:erk ornia. (SEAL) -5-