HomeMy WebLinkAboutGilroy Telephone Company - Franchise Agreement
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ORDINAHCE NO. 433
AN ORDINANCE, GRANTING TO GILROY TELEPHONE COMPANY, A
CORPORATION, ITS SUCCESSORS AIm ASSIGNS, THE RIGHT TO PLACE,
ERECT AND LiAIlrTAIN POLES, WIRES Aim OTHER APPLIANCES AND CONDUCT-
ORS AIJD TO LAY UHDERGROUND CG:mUCTORS FOR WIRES FOR 'THE TRANS-
:aSSIOIJ OF ELECTRIC I'TY F'OR TELEPH01JE AND TELEGRAPH PURPOSES, IN,
UPON AND UNDER THE STREETS, ALLEYS, AVENUES, THOROUGHFARES AND
P[3LIC HIGHV1AYS, IN TEE CITY OF GILROY, STATE OF CALIFORNIA, AND
TO EXERCISE THE PRIVILEGE OF OPERATLIG TELEPHONE AND TELEGRAPH
IHSTRULIElJTS .fWD 01' DOD:G A TELEPHONE AND TELEGRAPH BUSINESS
WITHIN SAID CITY OF GILROY.
The Cor~lon Council of the City of Gilroy do ordain
e..s follows:
SECTION 1. The.t Gilroy Tele:)hone Company, a corporation,
msde an a~Dlication to tne Common Council of the City of Gilroy
by ~etition in writing filed on the 6th day of Jenuary, 1941,
v!itil tile Clerk of said Comn:on Council for a telephone and tele-
i;ra~')h franchise in tl1e City of Gilroy, for the term of tVlenty-fi"i7~
(25) years.
'rhe.t thereafter said Comr:lOn Council pass eeL its resolution
ITa. 129
, o1'o.erinE; tnc.t the fact of s9.id application ['.nd
t~lLt sEid Coramon Counc il "!)ro7)osed to Grant such franc-'lis e be
advertised and bids for said franci:ise invited in the manner and
for t.le time ......equired by- 1a1:7.
That pursuant to said resolution, notice of s~plic&tion
. .".., . . d ti' , b' ~ . i.... d I'
2:01' Se.J.C Ira~CilJ.8e WE-.S n vel' sea ana. le,s lnv lJe' or sE'Ji1e,
SE~i(I notice 2nd invitE~tion for bids being publis.iled in tile Gilroy
Evening Dispatch for ten (10) successive dnys, or 2S often
C.v.ri:lg se.id :)eriod as sc~id 'J2~S er is ~)u'.Jlished, the f:lil yuolicc;-
tiOD iJeLl€ COIrll)leted on JE.nucry 21 ,1941.
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SECTION 2. The.t sEdd COm1:lOn Council met in aDen
regular session at the
room of saieL Council in the City He,ll
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of said City of Gilroy on the 17th - day of It'ebruary, 1941,
[,t t:::'le hen).r of 8 0 I clock, F. I.I., [,:15. 'c~::.en c:nd t.lere o-oened
r..llC~ read [:'\.11 "bids for said. fre.nchise 8.nd })rivilege.T~lc,t
Gilroy Tele:::jhone Compe,ny, 8, cor:)oration, ::lE,d the:ceto:'ore and
v!i thin the time requir'ed by the sc'\.icl notice 1 l' il eO. its see.l eel
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bio. for se.id i'r[mchise, to-vlit, the sum of $118.25, v!l1ich
'.'[as [,CCOn1I)anied by tile certified check of sc:,id bidder, paye.ble
to the Treasurer of ssid City of Gilroy for the full amount of
s2.icl bid.
That said sum Vl2.S the higl'lest sum bid or offered there-
fa!', ['.net that said fl"anc:'1ise 8.l1d')rivilege VIas thereupon by said
COrnI.lon Council struck off, sold and awarded to said Gilroy
Telephone Company.
TrlB.t said Gilroy Telephone Compe.ny h&,.s deposited with
tI'te Cler}l: of said City of Gilroy, the total amount of se.id bid
(118.25) in lE"'.wful mone;y of the United States of Americe..
SECTION 3. There is hereby c~ranteel by the City of
Gilroy to Gilroy Tele)hone COIT?~ny, a corporation, its
SL:tccessors fmd 2,ssigns, t:le riGht ~:lld :)rivilege to do
(, L::enerE,l t ele~)hone End
te1e~ranh business within said City of
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Gilroy, 2nd to place, erect, lay, maintain and operate in &nd
un(e::::' tile streets, alleys, E,venues, tLoroughfe.res F..nd :public
11i({nways ','/ithin the Oit~l of' Gilroy, ~)oles, \7ires and other
9,Fo;:lie.nces c.nG. con~;.u.ctors for the t:::'::msmis3ion of electricity for
tele':)hone D.ne. teleE;Ta';:h -~)lll"")OSes L1C:. ot:ler :our~)oses for which elec-
tric:Lty mE~~t be used for tre.nsmitting intelligence by sicnals end.
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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 nmy 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 lTI6tters 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 an,i 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 repairine, 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. Vfuenever 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 Comluon 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,
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the said Common Council shall cause such repairs to be made at the
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
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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 (210) 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
(2~) 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
vvith the expiration of said former franchise, to-wit the 16th
day of January, 1941, 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. Any neglect 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
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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 Corr~on Council of the City of Gilroy during 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
(25) years from and after the 16th day of
January
,19 i,!.
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 Gilroy Evening 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 offue City of Gilroy held on the 17th day of
Februar:v
, 19.iJ., 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:
Ayes: Counc11men:George M.Mason,Jaok Rogers ,James Batters)y,Nat
Heiner ,J.H. Wentworth.
Noes: Couno Umen: None.
Absent:Counoilmenl George A.Martin.
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Attest: ~. ~,~
City Clerk of the City of Gilroy
\1"-~ day of F~~~~~~~~\ 194\.
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~ ~t-tL t1. '-----
City of Gilroy.
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STATE OF CALIFORNIA )
) SS
COU}JTY OF SANTA CLPJRA )
I, hereby certify that the foregoing Ordinance is a true
and correct copy of Ordinance No. 433
as passed by the COmD10n
Council of the City of Gilroy on the 17th day of February , 19~,
and published as required by the Charter on the 19th day of
February
,1941.
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I 'i, I> (2) /_
\,) . Iv\, , \..::~-'
City Clerk of the City of Gilroy
( SE..Li.I, )
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MA'{.JRICE ,J. RASJ(I~
ATTORNEY-AT-LAW
FIRST NATIONAL BANK BUILDING
SAN JOSE,CALIFORNIA
January 27, 1941
James S. Byers, Esq.
Attorney at Inw
42 H8.rt in Street
Gilroy, California
Re: Gilroy Tele~~one Company
Dec.r Jim:
I 8111 enclosing herewith the followi:lg for your
e.p2)roval:
1. Bid of $118.25, to be signed by a
:proper official of the Gilroy Telephone
COD~8ny and filed with the City Clerk.
2. SUDulemental offer in form of com-
munlcat ion to tlle Common Council of
the City of Gilroy, relating to
additionel privileges to be given the
City in the event tUP.t t.!.le franchis e
is granted to t.!.~ Gilroy Telephone
Com~any, this also to be signed by a
proper of::.'icial of the company and
filed with the Oity Clerk.
3. Ordinance grant i11[4' franchise to Gilroy
Telephone Oompany, to be passed by the
Common Council, if it meets with your
approval.
4. Bond to secure performance of frenchise,
to be filed within five days after it
is awarded.
Extra copies of all of tile foregoing are enclosed for your
files. I have additional co~ies for the Telephone Company
should it desire them. If any of these documents do not
meet with your al)~0roval as to form, please let me }mow at
once and I will have them redrawn in accordance with your
views.
I thin1-\: the term of t he franchise should be twenty-five years
from and after January 16, 1941, the date the present fran-
chise exnired.
I,IJ-R : J - Enc.
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MAURICE .J. nANIi.I~
ATTORNEY-AT-LAW
FIRST NATIONAL BANK BUILDING
SAN JOSE ,CALI FORN IA
January 3, 1941
James S. Byers, Esq.
Attorney at law
42 Martin St.
Gilroy, Calif.
Dear Jim:
Enclosed find the following:
Resolution to be passed by the Common Council at
its meeting this coming Monday, January 6th.
Notice of application and inviting bids, to be
published from January 8th to January 21st, in-
clusive. You will note that page 2 of the Notice
has been retyped so that the next to the last para-
graph provides for the opening of the bids and the
acting upon them by the Council, at 8 o'clock, P.M.
on February 17th. To the addition agreed upon
in your office, I added" and acted upon", beca.use
of the language of Section 2 of the Franchise Act,
which provides tnat the publication must be completed
not less tnan 20, nor more than 30 days before any
further action can be taken thereon. However,
if you think this should not be in, cnange the
notice to meet your views.
I am also enclosing for your files copy of applica-
tion, resolution and notice.
Wnen the resolution is passed will you see tha.t the
notice is given to the publisher and that the
publication is made for tne required time.
ncerely
MJR:J
Enc.
JanunT'Y 14, l'i)41
kaurice J. la'.llci.n
Attorney at Lv.w
First National [ank l>u.1Ie :tn~:
San .T08 7 r"""l:':t.ornia
re- lx'oy '2elcphonc.;o.
I~oarl !/Ial.1r:lco:
The cost of the prlnt1n~ 1s
tho flum of' ('118.25, e.n!.'! that is the
amount the 'llelephone Company offers
for the Fronchlse, in cash.
Y01n~s truly,
JC' ,,/
l <.J'. cr
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MAURICE ,J. :RANIU~
ATTORNEY-AT-LAW
FIRST NATIONAL BANK BUILDING
SAN JOSE,CALlfORNIA
January 10, 1941
James S. Byers, Esq.
Attorney at law
42 Martin Street
Gilroy, California
In re: Gilroy Telephone Company
Dear Jlm:
If you will ascertain the cost of printing the
notice of application for franchise and advise
me of the amount that the telephone company
desires to offer for the franchise, I will prepare
the bid and submit it t~or .your approval.
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MJR:J
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GILROY PUBLISHING COMPANY
PUBqSHERS OF ~ilrny 1Etltutuglt!iJHl1t4 - THE GILROY ADVOCATE- THE GILROY SHOPPING GUIDE
Southern Santa Clara Valley's Only Daily Newspaper
ANDERSON BROWNE and JAMES M. MARMADUKE
Owners and Publishers
FOR ADVERTISING OF
Jity o:f Gilroy,
GilrDY. ;Jali:f.
Month... ._~,~}~~~_~_l__~~~ ~ - --
Display Inches
i II 11161 Ii
T2i-llT71l1
l_~LJI}~L_JI
L~L__JU~! U .. Ii
I 51 11201 11
-...-..-.----~-.- - -I
! 61 11211 i!
r-71 1122\-11
r~T-u_ 11-231-JI
I 91 11241 Ii
fTOi-'--ITZ5-r---rl
~--"~-""-----~----.--I
1111 11261 II
fTIr-I..1-27.i....-....-....11
fGi-ilT8i----l!
1141- . '112<JjUli
Tf5T--- 1130 I-r i
~---nT n 113 11- - Ii
AMOUNT
Prior Balance
1 TOTAL SPACE I
---- i ------ I
. I ~
rwtlce of t\ppllcBtion iorT~)le.phon~ sll..
~~~~g~;~;~:l ~),'~~c~iS,O l?~:ti l~~~l': OHli,;li'", ..or
. .. I
Jan. 8-.... 21?~ It r ;,~l.OJ i i
Jl'~n. 9-- 21.J.\1 604 I I
...... ~.~ ' ~; II' I
Jan.. 10- 211~!1 fl '! I i
Jan. 13- 21t" '1" 1 i
Jan. 14- 21-:',-" II 1I I ,
Jan. 15- 21-7;~' 'I 11 I
J an. 1G - 21"~;,;T 'l !I !
Jell. 17- 21-;~;cH " H I
20- 21~." " !f !
~:~: 21.. 21l" " II 1
i
REMARKS
RATE
Same 1
~~1l 50
lC 75
lC 'If,
1( 75
1C "15
1, 75
lC 75
1C 75
l' 76
1C 76
CLASSIFIED ADS
READER LINES
PRINTING
Total Amount
118.25