Loading...
Ordinance 433 " " ','... .<, ( ~ . ~) " . .... ';'; ~'ff;.i .... .:' ,l".'" , "r" . ~)>:..~,; .~'i,,:.:. ,.;.,,....t';l'~ . ',' , t.. ". ~' ,,,~'::;'~~~1:',~~~~ \, ,~i '\ :"""". .,.. . ,.',j. ~",'~r_ \.':":'i~~:"::'~\:,r~:'. ':('~:;\';R: ORDINAHCE NO. 433 AN ORDINANCE, GRANTING TO GILROY TELEPHONE COMPANY, A CORPORATION, ITS SUCCESSORS M~D ASSIGNS, THE RIGHT TO PLACE, ERECT ANE MAINTAIN POLES, WIRES AND OTHER APPLIANCES AND CONDUCT- ORS AND TO LAY UNDERGROUND CONDUCTORS FOR WIRES FOR THE TRANS- MISSION OF ELECTRICITY FOR TELEPHONE ~~D TELEGRAPH PURPOSES, IN, UPON AND UNDER THE STREETS, ALLEYS, AVENUES, THOROUGHFARES AND PUBLIC HIGHWAYS, IN THE CITY OF GILROY, STATE OF CALIFORNIA, AND TO EXERCISE THE PRIVILEGE OF OPERATIHG TELEPHONE AND TELEGRAPH INSTRU11ENTS AND OF DOING A TELEPHONE .A.1\JD TELEGRAPH BUSINESS WITHIN SAID CITY OF GILROY. The Common Council of the City of Gilroy do ordain as follows: SECTION 1. That Gilroy Telephone Company, a corporation, made an application to the Common Council of the City of Gilroy by ~etition in writing filed on the 6th day of January, 1941, with the Clerk of said Common Council for a telephone and tele- graph franchise in the City of Gilroy, for the term of twenty-tiv~ (25) years. That thereafter said Common Council passed its resolution No. 129 , ordering tilat the fact of said application end that said Common Council proposed to grant such franchise be advertised and bids for said franchise invited in the manner and for the time required by laW. That pursuant to said resolution, notice of application for said franchise was advertised and bids invited for same, said notice and invitation for bids being published in the Gilroy Evening Dispatch for ten (10) successive days, or as often during said period as said paper is published, the full publica- tion being completed on January 21 ,1941. 1JJ nT'""'1'T,f-''';II'W";;'~''''';~';' ~~"";!"'-~";"""""'_+~' ~i 1dItMjjjHlllii,\iIII!:.~"iIi;if;#<:",*~l1n-;:;;;~"-.',,~~_'" Iii o c ~ '-' r', I I .......,;/ 3/' SECTION 2. That said Common Council met in open regular session at the room of said Council in the City Hp~l of said City of Gilroy on the 17th day of February, 1941, at the hour of 8 0 I clock, P. M., E,nd then and there onened and read all bids for said franchise and privilege. That Gilroy Telephone Company, a corporation, had theretofore and within the time required by the said notice, filed its sealed bid for said franchise, to-wit, the sum of $118.25, which was accompanied by the certified check of said bidder, payable to the Treasurer of said City of Gilroy for the full amount of I se.id bid. That said sum was the highest sum bid or offered there- for, and that said franchise and privilege was thereupon by said Common Council struck off, sold and awarded to said Gilroy Telephone Company. That said Gilroy Telephone Company has deposited with the Clerk of said City of Gilroy, the total amount of said bid (118.25) in lawful money of the United States of America. SECTION 3. There is hereby granted by the City of Gilroy to Gilroy Telephone Company, a corporation, its successors and assigns, the right end privilege to do a general telephone and telegraph business within said City of Gilroy, and to place, erect, lay, maintain and operate in and under the streets, alleys, avenues, thoroughfares and public highways within the City of Gilroy, poles, wires and other appliances and conductors for the transmission of electricity for telephone and telegraph purposes and other purposes for which elec- tricity may be used for transmitting intelligence by signals and -2- '~7~1Jf1I1f1111tfi1IW~'1l';"'~"""~-""''''''''''~4iilffi~ifI,:r;;r~m.. !I._n IJIIiIP:TU I ~JIlIl, J r~ '" ~"'~,.b,*,,''''''''''',... ,.,..,....j,'" ~.j."'"iP<.,.;,..."f'l"!(t!!.iJiIi~1a rm-ilIl nnilll:(.\Jnr.~~~~ jf, IilJl_IlIt'I1f~~:,P-:#"'"'ll>ii.,#-'W;'<'._''"'-''''''"",;q",;,-,,,--I ! /'" '''' \,"'...... ""....., \.. ~ -.....J ,....', J ..../ gr:Z sounds, and for transmitting electricity for use in photographic reproductions, including television; such wires and other appliances and conductors may be strung on poles and other fixtures above ground at the option of the said grantee, its successors and assigns, or may be laid underground in pipes or conduits or otherwise pro- tected provided said wires and conductors shall be laid underground when so ordered by a general ordinance of the City of Gilroy. Such other apparatus may be used as may be necessary or proper to operate and maintain said system, provided that the same does not conflict with any ordinance of the City of Gilroy governing and regulating such matters and as to such ordinanc~said grantee, its successors and assigns, must in all respects, conform to and abide by the regulations and restrictions imposed thereby. All poles shall be painted and shall, together with wires and fixtures thereon, be kept in proper repair. SECTION 4. It shall be lawful for said Gilroy Telephone Company, its successors and assigns, to make all needed excavations in any of such streets, alleys, avenues, thoroughfares and public highways in said City of Gilroy, for the purpose of placing, erecting, laying, and maintaining poles or other supports or conductors, for said wires, or repairing, removing or replacing the same. Said work shall be done in compliance with the necessary rules, regulations, ordinances or orders, which are now in force, or which may, during the continuance of this franchise, be adopted from time to time by the Common Council of the City of Gilroy. SECTION 5. Whenever Gilroy Telephone Company, its successors or assigns, shall disturb any of the streets for the purpose afore- said, it or they shall restore the same to good order and condition as soon as practicable without unnecessary delay, and failing to do so, the Common Council, of said City of Gilroy shall have the right to fix a reasonable time within which such repairs and restoration of streets shall be completed, and upon failure of such repairs being made by said Gilroy Telephone Company, its successors and assigns, -3- -~lfl"~lnn rfllT"IiH'~"!iI'il ~,.,.~.,lI<,..'=M~"_IIIIIlIlM"""""""''';''''''''''''''''''''-__..l''''''~'" _W,", """",;~~,*.-~~,.~.......~.",.'\IH,""~~'-.4f"\",,,,~'q"i>~""'.'""......'.'r."i..,!Ii4l i-ffR1HilfJiQl!tiiIQI1!l'Mt'j",II'lj"., ,,-.., ......... ~ -.....I the said Common Council shall cause such repairs to be made at the ~'" ~ J 33 expense of said Gilroy Telephone Company,its successors and assigns. SECTION 6. Nothing in this ordinance shall be construed in any way to prevent the proper authorities of said City of Gilroy from sewering, grading, planking, rocking, paving, repair- ing, altering or improving any of the streets, alleys, avenues, thoroughfares and pUblic highways or places within said City of Gilroy, in or upon which the poles, wires, or other conductors of said Gilroy Telephone Company shall be placed, but all such work or improvements shall be done, if possible, so as not to obstruct or prevent the free use of said poles, wires, conductors, conduits, pipes or other apparatus. SECTION 7. In consideration of the right and privilege hereby granted, the City of Gilroy shall have, and the said Gilroy Telephone Company hereby grants to it, during the life of this franchise, the right and privilege to place, where aerial con- struction exists, a fixture on the tops of poles erected and main- tained under this franchise, to which may be attached wires not exceeding four, and where underground conduit exists, and unused ducts exist therein, the said grantee shall furnish said City of Gilroy with one duct thereof in its underground system or may in lieu thereof, at the option of grantee, furnish two pairs of wires therein, free of charge to said City of Gilroy, to be used for low tension police and fire alarm purposes; provided, however, that the proposed use by said City will not in the opinion of grantee endanger or impair the service and property of grantee, and further provided that said City of Gilroy shall in its use and maintenance of such fixtures, wires, or duct comply with the reasonable plans and rules of said grantee, so that there may be a minimum danger of contact between the said wires, cables, or ducts of said grantee, its successors or assigns; nor shall the wires of said City be unduly exposed to foreign electrical currents in excess of five thousand volts; and provided, further, that in case of rearrangement of said -4- . '-"1f1i"7I,"_i~..'if,;.Hilii,;, I" ." '~"''''''''''''''.~'~'')jI;Oj\l"'--''~"""'',,,,,,,,,,,,,,+,",' "'-I'''''~'''''''''Mi'<i>l,.~"",,~~~..~~,;;.,,~'ft!lu ~~ll!iillllll'l.-lililiilUIl ''II~~ill1>o'"''''''-''or, /' -g1' ~ c ~" '-" '<it~ plant, the said City of Gilroy will care-for its own wires and fixtures at its own expense and will save the grantee harmless from any accidents caused by same. The grantee shall also furnish the City of Gilroy, free of charge, three wall or desk telephones and local service thereto at points to be designated by the Common Council of the City of Gilroy. SECTION 8. That the grantee of such franchise and privilege, its successors and assigns, must during the life of said franchise, pay to the City of Gilroy, in lawful money of the United States, two per cent (2~) of the gross annual receipts of the said grantee, its successors and assigns, arising from the use, operation or posses- sion of this franchise or privilege which shall include two per cent (21.) of grantee's proportion of the long distance tolls secured from telephones located within the corporate limits of the City of Gilroy, and this being a renewal of the right or franchise already in existence, the payment of said percentage shall commence with the expiration of said former franchise, to-wit the 16th ~. day of January, 19~1, and it shall be the duty of the grantee to file with the Clerk of the City of Gilroy within thirty (30) days after the expiration of one year from date hereof, and within thirty (30) days after the expiration of each and every year of the term of this franchise, a statement verified under oath of grantee or., of its Manager or presiding officer, showing the total gross receipts as hereinabove set forth, and, within ten (10) days thereafter said grantee, its successors or assigns, shall pay to the Treasurer of the City of Gilroy in lawful money of the United States, such sum as may then be due by reason of said percentage. .A:ny negl ect or refusal to so file said verified statement and to pay the amount due thereunder within the time specified, may at the option of the said Common Council work a forfeiture of this franchise and of all rights of said grantee, its successors or assigns thereunder, and said City -.5- .. .----~ i/lili:Ii/ii;~~1f~nf-; " ...., " ,,;-E;i.;,~.I\1''''''~'''4'''''''''~''''''''_'''''''~'''''''~';''.~"'~I'''';'/ ""'" "..i.,....",...;~.. ~..'." '1O'Ij'lIl'nmrrt, .. ~ c: ~ '....J '""",1fI/ . ,as- of Gilroy, through its proper officers, agents or authorized employees for that purpose, shall have the right to examine the books of said grantee, its successors or assigns, at reasonable time and in reasonable manner, for the purpose of verifying any amount which may be due said City hereunder. SECTION 9. However, nothing in this ordinance shall be construed as releasing the said grantee from the proper compliance with any general ordinance now in effect, or which the pUblic con- venience or necessity may demand from time to time and which may be adopted by the Common Council of the City of Gilroy durinS the life of this franchise. SECTION 10. The rights, privileges and franchise hereby granted shall continue and be in force for a period of twenty-five (2.5) years from and after the 16th day of .r anuary ,19 J!. SECTION 11. This ordinance shall take effect and be in force from and after its passage as provided for by law. SECTION 12. The City Clerk is hereby directed to publiSh this ordinance in one issue of the Gilrny ~Ani~ DispAtch a newspaper of general circulation, printed, published and circulated in said City of Gilroy. The foregoing Ordinance was introduced(:at a regular meeting of the Common Council of tile City of Gilroy held on the. 17th day of '" February , 19~, by Councilman Heiner who moved its adoption and passage to print, which motion being duly seconded, was upon roll call carried and the motion ordered printed and published as above by the following vote: Aye s : Couno11men:George M.Masoa,Jack Rogers,James Batters)y,Nat Heiner,J.H.Wentworth. Couna Umen: None. Noes: Absent:Counoi1menl George A.Martin. Attest: G.(),..~ City Clerk of the 1ty of Gilroy \1i~ ~ Gilroy. -6- ~r:"-liill7n~'IiI"iIlIll" "j"I"i'1Ni'II~"iI~~~~""....;n."''''__'~I.~'T.j~'''';";,,,",',,.~ #1O>~,;"""-.w-"""~~'I'\'>>'1"!"'"to"""""".I'",_,,,',I,..._," , I _,,, 111~ IfI'I'1 '1I.ltiM!lfillfi~i\I'>~., I' . , ,..,,~,.<,~,,:.;,: ','t""-, ..,/;' ':1>>,:;' ;' ;;:,'", ," ....' \ .. .!;.. 'J ~ " "',' , '.'., . ,0, J. It <', .' , ~ "nl.:,' ')1, , j,', ,,: '~:-';'N"t.;'t;r..~'~j>'~'-.'~, _,4.~'..~'r',' II J""~ ~,~~.. /I'l~;~~'.,' (,"';;'~"'.J ~. ".1It ,'\;',.....'C"" ,""\>~ ~I,j'l' '.'" "I... "',."'., (~';~;t~~- ',,-' '~!~ ~'" ,; 'I>,...J/':-"'~"; -'uf:' :.(.,~, ....1:. ..j,," _ '1","",<, I '''' '.' .... 'L>.' ',,'-' ""',~l'.." ,\:~:"i~\,j ..~ ';#;. '~'~.:;, .:.~:iJ.1 7:',.-'~'"'''''' ,. "';",;'" #:It;, ,.,1 " . ", . :~..'I'~:"~'" ~ ,'. .,' " . : "~~;lJj:'~",~(',,,,,,,,:'.:, ",,:\ ,',~'", . ., .'" ..., ' -, .." ,',' ,,, I", , ';.~"", '. ,,f..., .,,: ',," " ",~, '" ,"',. t " :: ..'. .l" ". ," ~ ,.' "'~' ". ''''''''~''l ',' '- ,",..' , · 'S.;":.:~': 's ,;/'< >:.,,:' '~r~ ;~':",:,>.t';~.~~,~:.:~",~,,~~<,:t;' t~ ",. STATE OF CALIFORNIA ) ) SS COUNTY OF SANTA CLARA ) I, hereby certify that the foregoing Ordinance is a true and correct copy of Ordinance No. 4~~ as passed by the Common Council of the City of Gilroy on the 17th day of February , 194,1, and published as required by the Charter on the 19th day of February ,19.!J:. G.~.~ Clerk of the City of Gilroy City (SEAL) -7- 'l1''f"J".j.II'~I,,''r'~mt ;'~"I!flf'I!_-JI'T';-:; ':T~';\FftT;':::;s;;r~i!~'~ lMW~t41~~rl _Il-'Ij~ L Ult,~~~l~j~~''',*,~~;''''''.''''''