Resolution 354
RESOLUTION NO. 354
WHEREAS, the GILROY TELfPHONE COMPANY, a California corporation, has here-
tofore agreed to sell those certain telephone poles now in place located
within the city limits of the City of Gilroy, and designated and marked on
the attached map as "Gilroy Telephone Company poles sold to the City of Gil-
roy", for the sum of One Hundred and no/lOO ($100.00) Dolars; and,
WHEREAS, the said City of Gilroy has agreed to purchase the said poles and
to pay therefor the said sum of $100.00; and,
WHEREAS, the GILROY TELEPHONE COMPANY has submitted for approval to the
City of Gilroy, a Bill of Sale transferring title to the said poles to the
said City of Gilroy, upon the payment of the purchase price thereof, and has
also submitted an agreement designated as "Release and Indemnity Agreement",
to be signed on behalf of the City of Gilroy, wherein the City of Gilroy
acknowledges that the said telep~one poles are in place, and that it is fam-
iliar with the condition of said poles, and also declaring that the said
Gilroy Telephone Company has not made any representations as to the condi-
tion of said poles, and further that the City of Gilroy agrees to indemnify
and hold harmless the said Gilroy Telephone Company from any damages which
may result to persons or property for which the corporation may be held res-
ponsible, together with the costs of defending any and all actions at law or
in equity which may result from the transfer to, ownership, and use of said
poles byythe said City of Gilroy; and,
, ]
WHEREAS, the said Bill of Sale has been approved as to form by the City
Attorney of the City of Gilroy, but the said release and indemnity agreement
has not been approved by him and has been objected to by the said Common Coun-
cil; and,
WHEREAS, the said Release and Indemnity Agreement has been withdrawn by the
Gilroy Telephone Company and is not a condition to making effective the said
Bill of Sale.
NOW, THE:iEFORE, BE IT RESOLVED:
That the said City of Gilroy shall purchase the said pole~from the said
Gilroy Telephone Company and pay therefor the said sum of $lOD~~ upon the
delivery of the said Bill of Sale.
PASSED and ADOPTED the 6th day of September, 1955, by the following vote:
AYES:
NOES:
ABSENT.:
Councilmen Pate, Gallo, Kennedy, Rush, Petersen and Sanchez.
Councilmen None
Councilmen None
! Mayor
Attest:
4f3 ~~
o e ~. City Clerk