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Ordinance Number 187303 ORDINANCE NO. 187 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, GRANTING TO AMERICAN POSTAL CORPORATION, A NON-EXCLUSIVE FRANCHISE TO DELIVER HANDBILLS WITHIN SAID CITY AND AMENDING ORDINANCE NO. 22 The City Council of the City of San Juan Capistrano does ordain as follows: SECTION 1. Section 4 of Ordinance No. 22 is hereby amended to the extent that the right, privilege, and non-exclusive franchise is granted to AMERICAN POSTAL CORPORATION to deliver and distribute hand- bills as herein defined within the incorporated limits of the City of San Juan Capistrano. SECTION 2. The term of this franchise shall commence with the effective date hereof, and continue and remain in full force and effect until such time as Grantee shall surrender or abandon the same, or until such time as Grantee, shall surrender or abandon the same, or until said franchise shall be forfeited for non-compliance by the possessor thereof with its terms. SECTION 3. (a) The word "Grantee" wherever used herein shall mean those to whom the non-exclusive franchise is granted under the terms and conditions of this ordinance, their employees, agents, suc- cessors and assigns. (b) The word "City" wherever used herein shall mean the City of San Juan Capistrano, State of California, in its present form or in any later recognized, consolidated or enlarged form. (c) Except where the context clearly indicates a different meaning, "Handbill" shall mean and include any printed or written advertising matter, any sample or device, dodger, circular, leaf- let, pamphlet, newspaper, paper, booklet, or any other printed matter or literature. (d) RAbandon" as used herein shall refer to any franchise which for a continuous period of thirty (30) days, is not used by the Grantee to serve customers within the City of San Juan Capistrano. (e) Wherever the singular is used herein it shall include the plural, and the plural shall include the singular. SECTION 4. This ordinance granting said franchise shall take effect thirty (30) days after its passage, provided said Grantee shall file with the Clerk of the City of San Juan Capistrano a written accept- ance thereof within said thirty (30) days. Failure to file such writ- ten acceptance and to comply with the bonding provisions hereinafter set forth within such time shall make the franchise void and of no effect as it effects the Grantee so failing to meet the requirements in this Section set forth. This franchise and privilege is granted and shall be held and enjoyed only under the provisions prescribed by law and those contained in this ordinance. SECTION 5. Except as specifically exempted by this Ordinance, Grantee shall comply with the provisions of Ordinance No. 22. Deliveries- 304 of handbills shall be made by responsible carriers, preferably resi- dents of the neighborhood. All such handbills shall be inserted in especially designed plastic bags and hung securely on the doorknob of each residence. Grantee shall, moreover, immediately cease deliveries to such residences where the occupant has requested that such deliveries be terminated. - SECTION 6. Grantee shall not sell, transfer or assign this fran- chise or any of the rights or privileges hereby granted without the prior consent of the City Council, and except by a duly executed instru- ment in writing filed in the Office of the City Clerk of the City of San Juan Capistrano. SECTION 7. The Grantee shall hold the City of San Juan Capis- trano, itsauthorizedofficers, agents and employees, harmless from and against any and all liability or loss resulting from claims for damages by any person arising out of the acts or omissions of the Grantee, its agents or employees in the performance of any work author- ized hereunder. - SECTION 8. The Grantee, during the life of this franchise, shall keep on file with the Clerk of the City of San Juan Capistrano and main- tain in good standing, a bond running to the City of San Juan Capis- trano from a duly qualified corporate surety in the penal sum of One Thousand Dollars ($1,000.00) and conditioned that such Grantee shall well and truly observe, fulfill and perform each term and condition of this franchise and that in case of any breach of condition, the whole amount of the penal sum herein named shall be deemed to be liquidated damages and shall be recoverable from the principal and sureties upon said bond. Said bond shall be filed by the Grantee with the City Clerk within five (5) days after this franchise is awarded. SECTION 9. Any neglect, failure or refusal to comply with any of the conditions of this franchise, which neglect, failure or refusal shall continue for more than fifteen (15).days following notice thereof to the Grantee from the City, shall work a forfeiture hereof, and the said City, by its City Council, may 'thereupon declare this franchise forfeited, and may exclude said Grantee from said City under this franchise; and said Grantee shall thereupon surrender all rights in and to the same, and this franchise shall be deemed and shall remain null, void and of no effect. SECTION 10. Grantee shall at all times, during the term of the franchise, keep on file with the City Clerk, a correct mailing address for purposes of notice. A notice deposited in the United States mail addressed to the Grantee, or his assignee, at the address on file, shall constitute sufficient notice for any purpose under the franchise. SECTION 11. The provisions of this franchise and all rights,, obligations and duties hereunder shall inure to and be binding upon the Grantee, its successors and assigns. SECTION 12. The City Clerk of the City of San Juan Capistrano shall certify to the adoption of the ordinance granting this franchise and shall, before the expiration of fifteen (15) days after the passage thereof, cause the same to be published once, with the names of the 305 members of the City Council voting for and against the same in the Coastline Dispatch, a newspaper of general circulation. PASSED, APPROVED and ADOPTED this 26th day of October, 1971, by the following vote, to wit: AYES: COUNCILMEN: BATHGATE, CHERMAK, GAMMELL and FORSTER NOES: COUNCILMEN: NONE ABSENT: COUNCILMEN: THORPE �G'LCy✓�diJ � e� �.�f.� Thomas A. Forster, Mayor ATTEST:: 14241 i y er of the C1y 0 San Juan Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE CITY OF SAN JUAN CAPISTRANO ) I, DONALD G. WEIDNER, City Clerk of the City of San Juan Capistrano, California, hereby certify that the foregoing Ordinance No. 187 is a true and correct copy of an ordinance of the City Council of said City, adopted by the City Council on the 26th day of October, 1971.