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HomeMy WebLinkAboutResolution 1923/01/22 (2) By motion of Wm. Radtke, seconded by R. J. Chesbro the follow: ing was adopted, viz:- Hesolution cleclaring the intention of the ;,fayor anrl Common Council of the City .of Gilroy, in the County of Santa Clara, ~tate of Galifornia, to grant the right, nrivilege and franchise of er- ecting, constructing, amintaining and using, for the purnose of transmitting, distributint?; an:l supplying electricity to the pub- lic and particularly to the inhabitants of said City of Gilroy ror light, heat, power a.ml all lawrul pur-poses, electric lines consisting of poles or bther suitable struc~ures, and wires, cDoss-arms, insulators <lnll other appliances installecl thel"eon, in such p,lrts of th(~ rnfhlic highways, streets anel alleys of! saill 0i ty of Gilroy as the Grantee may elect to use for the purpose afore- said. WIIEHl~AS the COAST COUN'rI1~S GAS AND EL~CTIUC CmIPANY, a cor- poration duly organized and existing by virtue of the laws of the 95 state of California, has filed with the Mayor and Common Council of the City of Gilroy an application for the grant of the right, privilege and franchise mentioned in the title to this resolution, which right, privilege and franchise are more particularly defined and described in the form of ordin- ance contained in the notice hereinafter ordered to be published, NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Common Council of the City of Gilroy that it is the intention of said Mayor and Common Council to grant the said right, privilege and franchise in the form and upon the terms and conditions con- tained in the said form of ordinance; that sealed bids for said right, privilege and franchise be received by said Mayor and Common Council at the ofrice of the City Clerk of said City in said City of Gilroy up to the hour of 8 o'clock in the afternoon on Monday, the 12th day of March, 1923; that all bids received for said franchise shall be opened and read before a meeting of said Mayor and Common Council to be held on the day and at the hour last hereinbefore mentioned, at the office of said Mayor and Common Council in said City of Gilroy; that the said right, privilege and franchise will thereupon be struck off, sold and awarded to the person, firm or corporation that shall make the highest cash bid as provided by law;that the person, firm or corporation to whom said right, privilege and franchise shall be awarded shall file with said Mayor and Common Council, within the time provided by law, a bond in the penal sum of $1,000.00, which bond shall be in substance and form as pro- vided by law; that notice of the filing of said application and of the time and place therein fixed for receiving bids for the grant of said right, privilege and franchise shall be given as required by law; that the City Clerk of said City be, and he is hereby directed to publish once a week and for rour (4) successive weeks in the Gilroy Advocate, a weekly newspaper published in the said City of Gilroy (there being no d~ly newspaper published in the said City or Gilroy), a notice in the following form: "NOTICE OF SALE OF FRANCHISE: NOTICE IS HEREBY GIVF~ That on Monday, the 22nd day of Janu- ary, 1923, an application in writing was made and filed in the office of the Mayor and Common Council of the City of Gilroy, CO~ll)ANY, a corporation, for the grant of the right, privi- lege and franchise of erecting, constructing and maintaining electric lines consisting of poles or other suitable structures and wires, cross-arms, insulators and other appliances in- .'~ X ""'0 C.... 96 state or California, by the OOAST COUNTIES GAS AND ELECTRIC ~..""'! stalled thereon, and or using the same for the purpose of trans- mitting and distributing electricity to be used for light, heat and power, and or supplying electricity to the public and par- ticularly to the inhabitants of said City of Gilroy, in the - highways, streets and alleys or said City or Gilroy, as speci- fied and set forth in the form of ordinance hereinafter contain- ed, which right, privilege and franchise are more fully set forth in said form of ordinance, which contains a statement of the char- acter of said right, privilege and franchise, and of the con- ditions upon which it is propose(l to grant the same, and that said form of ordinance is in the words and figures rol1owing, viz: 'ORDINj\..~CE NO. Ordinance granting to , and assigns the right, privilege and franchise of erecting, construct- ing, maintaining and using, ror the purpose of transmitting, dis- ..... ...,.4 tributing and supplying electricity to the public and particularly to the inhabitants of the City of Gilroy, inthe County of Santa Clara, State of California, ror light, heat, power and all law- ful purposes, electric lines consisting of poles and other suit able structures and wires, cross-arms, insulators and other ap- pliances installed thereon, in so many and in such parts or the publio highways, streets and alleys of said City of Gilroy as the grantee may elect to use for the purpose aforesaid. THE MAYOn AND C01ThION COUNCIL OF THE CITY OF GILROY DO ORUAIN AS FOLLOWS: Section 1. The right, privilege and franchise or laying, maintaining and using, for the purpose of transmitting, dis- "" .>!Gt tributing and supplying electricity to the public and particular- ly to the inhabitants of said-City of Gilroy for light, heat, power and all lawful purposes, electric lines consisting of poles or other suitable structtwes and wires, cross-arms, insulators and other applicances installed thereon, in so many and in such parts of the public highways, streets and alleys of said City of Gilroy as the grantee may elect to use for the purpose a~ore- said, are hereby granted by the C:ity or Gilroy :for the term o~ t\Venty-~:ive (25) years rrom and a~ter the time when this ordinance shall take effect, to and assigns. Section 2. All electric lines which shall be constructed and used under and pursuant to the provisions of this ordinance and in the exercise of the right, privilege and franchise here- in granted, shall be erected, constructed and maintained in a good and workmanlike manner under the direction o~ the City Marshal of the City o~ Gilroy or other of ricer having charge of the streets and highways of said City, and in accordance with all ordinances of the City o~ Gilroy relative thereto. No new electric line shall be constructed, nor shall the location of any existing electric wire be changed in any street or alley in the City or Gilroy, without a written notice o~ in- tention to construct such new line or to change the location of any existing line being filed in the orfice of the City Clerk of the City of Gilroy before the work or constructing such new line or of changing the location of any existing line shall be commenced. No notice shall be required of repairs to .electric lines where location is not changed. Section 3. The owner ror the time being of said right, privilege and :franchise shall, inunediately upon erecting, con- structing, replacing or repairing said electric lines, or any part thereof, at its own cost and expense, place said highways, streets and alleys, or so much thereof as may have been damaged thereby, in as good order and condition as that in which they were be~ore being disturbed or excavated for the purpose of erecting, constructing, replacing or repairing said electric lines or any part thereof. Section 4. The owner for the time being of said right, privilege and ~ranchise shall have the right to maintain, re- pair and replace any or all of such electric lines from time to time as may be necessary and proper. Section 5. The grantee or the aforesaid right, privilege and ~ranchise, its successors and assigns, shall, .uring the term for which the same is granted, pay to said City of Gilroy two (2) per cent. o~ its or their gross annual receipts arising 97 from the, use, operation or possession thereof; provided, however, '" "~ X '"t c- I--, 98 that no percentage shall be paid for the rirst rive (5) years succeeding the date of the grant or said right, privilege and franchise, but thereafter such percentage shall be payable an- nually, and if such payment shall not be made, such right, priv- ilege and franchise shall be rorreited; provided rurther, that if this franchise be a renewal or a right already in existance, the payment or said percentage of gross receipts shall begin at - once. Section 6. The said right, privilege ~rranchise are granted under and pursuant to the provisions of the laws of the State of California, which relate to the granting or rights, privileges and franchises by municipalities. Section 7. This ordinance shall, except as here- inafter otherwise provided, take erfect and be in force upon the expiration of thirty (~O) days after its final passage, and shall, berore the expiration of said thirty (30) days and be- fore going into effect, be published once in the Gilroy Advocate, a newspaper published in said City of Gilroy; and if, during said thirty (30) days, a petition signed by not less than ten per cent. or the electors of said City of Gilroy protesting against the passage of this ordinance be presented to said May- or and Co~non Council, the same shall thereupon be suspended rrom .... "'.,....""'" going into operation, and it shall be the duty of said Mayor and Common Council to reconsider this ordinance. If said Mayor and Common Council shall thereupon not entirely repeal said ordinance, they shall submit the same to a vote of the electors either at a regular municipal election or a special election to be called for the purpose, and this ordinance shall not go into efrect or be- come operative, unless a majority or the voters voting upon the _. same shall vote in ravor thereof. Passed this day of , 1923, "" by the folloWlllg vote: Ayes: Councilmen Noes: Councilmen Absent: Councilmen Attest: Approved: City Cle'rk' Mayor of the City of Gilroy _L_ 99 NOTICE IS HEREny FUnTaER GIVEN, That it is proposed by said Mayor and Common Council to grant said right, privilege and ~ranchise upon the terms and conditions set forth in said form of ordinance; that sealed bids for such right, privilege and fran- chise will be recei ed by said Mayor and Common Council at the office of the City Clerk of said City of Gilroy in said City up to the hour of 8 o'clock P. M., on Monday, the 12th day of March, 1923;that the successful bidder, and his assigns, must, during the life of said francluse, pay to said City of Gilroy a per- centage of the gross annual receipts to be derived from the use, operation or possession of said right, privilege and franchise upon the terms and conditions set forth in said form of ordin- ance;that said Mayor and Common Council will meet in open session on the day and at the hour last hereinbefore mentiones and will then and there open and read such bids; that thereupon and dur- ing such meeting said right, privilege and franchise will be awarded to the person, firm or corporation that shall make the highest cash bid therefor, provided only that at the time of the opening of said bids any responsible person, firm or corporation present or represented may bid for such right, privilege and fran- chise a sum not less than ten (10) per cent. above the highest sealed bid therefor, and said bid may be raised not less than ten 10) per cent. by any responsible bidder, and said bidding may so continue until finally said right, privilege and rranchise shall be struck off, sold and awarded by said Mayor and Co~non Council to the highest bidder therefor, in gold coin of the United states of America, and each sealed bid shall be accompanied with cash or a certified check payable to the City Treasurer of said City for the full amount of said bid, and no sealed bid shall be considered unless such cash or certified cheek shall be en- ~ closed therewith, and the successful bidder shall deposit at least ten (10) per cent. of the amount of his bid w~h the City Clerk of said City before said right, privilege and franchise shall be struck off to h~; and ir he shall fail to make such deposit im- mediately, then and in that ease his bid shall not be received and shall be considered as void, and said franchise shall then and there be again offered for sale to the bidder who shall make the highest cash bid therefor, subject to the same conditions as to deposit as above mentioned; that such procedure shall be had until said franchise shall be struck ofr, sold and awarded to the bidder .,~ X - U I' - ~ 100 who shall make the necessary deposit of ten (10) per oent. of the amount of his bid as hereinbefore provided; that suoh suo- cessful bidder shall deposit with the City Clerk of said City within twenty-four (24) ~ours after the acceptance or his bid the remaining ninety (90) per cent. of the amount thereof, and in case he shall fail to do so, then said deposit theretorore made shall be forfeited and the award of said franchise shall ""''''1 ",,",itiil be void, and said franchise shall then and there by said Mayor and Common Council be again offered for sale to the highest bidder therefor, in the same manner and under the same re- strietions as hereinbefore provided; and in case said bidder shall fail to deposit with the City Clerk or said City the re- maining ninety (90) per cent. of his bid within twenty-four (24) hours after its acceptance, the award to him of said franchise shall be set aside and the dellosit theretofore made by him shall be forfeited, and no further proceedings in the sale of said franchise shall be had unless the same shall be again ad- vertised and offered for sale in the manner hereinberore pro- vided, and .... NOTICE IS HEREBY FURTHER GIVEN, That the grantee of said right, privilege and franchise must within five (5) days after the same shall have been awarded, file with said Mayor and Co~non Council a bond running to said City of Gilroy, with at least two (2) good and sufficient sureties to be approved by said Mayor and Common Council, in the penal sum of $1,000.00, conclitioned that such bi[lder shall well and truly fulfill and ~, ...oiili perform each and every term and condition of said franchise, and that in case or any breach of condition of said bond, the whole amount of the penal sum therein named shall be taken and deemed to be liquidated damages and shall be recoverable from the principal and sureties upon said bond; and that in case said bond shall not be filed as aforesaid, theil the award of said franchise shall be '. set aside and any money paid therefor shall be forf"eited, and said franchise shall, in the discretion of said Mayor and Common Council, be re-advertised and again offered for sale as provided by law. For further particulars reference is hereby made to said application filed as aforesaid in the office of said Mayor and Common Council, and also to the resolution adopted by said 101 - ~~, ".\.J Mayor and Co~non Council, on the 22nd day of January, 1923, an4 pursuant to which and to the provisions oT such laws of the State of California as relate to the granting or rights, privi- leges and franchises by municipalities, this notice is given, and all proceedings relating to the grant of said right, privi- lege and franchise will be bad." Passed this 22nd day of January, 1923, by the following vote: Ayes: Cotmcilmen E. J. Chesbro, C. E. Fredrickson, A. W. Brown, Wm. Radtke; Noes: Councilmen None; Absent: Councilmen Gerald Hecker, Ohas. W. Schemel. By motion of E. J. Chesbro, seconded by A. W. Brown, the following was adopted, viz: Resolution declaring the intention of the Mayor and Comnlon Council of the City of Gilroy, in the Oounty of Santa Clara, State of Oalifornia, to gra~ the right, privilege and franChise of laying, maintaining and using, for the purpose of conveying, distributing and supplying gas to the public and particularly to the inhabitants of said Oity or Gilroy for light, heat, power and all lawful purposes, gas pipes, mains and conduits in so many and in such parts of the public highways, streets and alleys or said Oity or Gilroy as the grantee may elect to use for the purpose aforesaid. WHEREAS, the COAST COUNTIES GAS AND ELECTRIC OOMPANY, a cor- poration duly organized and existing under and by virtue of the laws of the State of California, has filed with the Mayor and Common Council of the City or Gilroy an application for the grant of the right, privilege and franchise mentioned in the title to this resolution, which right, privilege and franchise are more particularly defined and described in the form or ordinance con- tained in the notice hereinafter ordered to be published; NOW, THEllEFOIlE, BE IT RESOLVED by the Mayor and Connnon Coun- 'cil of the Oity of Gilroy that it is the intention of said Mayor and Common Oouncil to grant the said right, privilege and fran- chise in the form and upon the terms and conditions contained in the said form of ordinance; that sealed bids for said right, privi- lege and franchise be received by said Mayor and Oommon Council at the o~~ice of the City Clerk o~ said City in said City of Gilroy up to the hour o~ 8 o'clock in the afternoon on Monday, the 12th day o~ March, 1923; that all bids received ~or said rranchise shall be opened and read before a meeving o~ said Mayor and. Common Council to be held on the day and at the hour last hereinbefore mentioned, at the of:fi~e of said .~ X ~ "'" ,.,. "'- "-t 102 Mayor and Common Couneil in said City of Gilroy; that the said right, privilege and franchise will thereupon be struek o~f, sold and aw'arded to the person, firm or corporation that shall make the highest cash bid as provided by law; that the person, firm or corporation to whom said right, privilege and ~rane:r.ise shall be awarded shall rile with said .Mayor and Common Council, within the time provided by law, a bond in the penal sum of $1,000.00, whieh bond shall be in substance and form as provided by law; that notice of the ~iling of said application and of the time and place therein fixed for receiving bids for the grant of said right, privilege and fran- ehise, shall be given as required by law; that the City Clerk of said City be, and he is hereby directed to publish once a week ~or four (4) successive weeks in the Gilroy Gazette, a weekly newspaper published in the said City of Gilroy (there being no daily newspaper published in the said City of Gilroy), a notiee in the following ~orm: "NOTICE OF SALE OF FRANCHISE, NOTICE IS HEREBY GIVEN That on Monday, the 22nd day ~I~ - "" of January, 1923, an application in wiritng was made and filed in the ofrice or the Mayor and Common Couneil of the City of Gilroy, in the County or Santa Clara, State of California, by the COAST COUNTIES GAS AND ELECTRIC C01~ANY, a corporation, for the grant of the right, privilege and franchise of laying and maintaining gas pipes, mains and conduits and of using the same for the purpose of carrying gas to be used for light, heat and power and of supplying gas to the pub lie and particularly to the inhabitants or the said City of Gilroy, in the highways, streets and alleys or said City of Gilroy as specified and set ~orth in~ ; .,~ the rorm of ordinance hereina~ter contained, which right, privi- lege and franchise are more :rully set forth in said form of or- dinance, which contains a statement of the character o~ said right, privilege and franchise, and of the conditions upon 103 which it is proposed to grant the same, and that said ronn of ordinance is in the words and figures following, viz: 'ORDINANCE NO. Ordinance granting to , and assigns the right, privilege and franchise of" laying, maintain- ing and using, for the purpose gf conveying, distributing and supply- ing gas to the public and particularly to the inhabitants of the city of Gilroy in the County of Santa Clara, State of California, for light, heat, power and all lawful purposes, gas pipes, mains and conduits in so many and in such parts of the public highways, streets and alleys or said City of Gilroy as the grantee may elect to use for the purpose aforesaid. THE l\IAYOR AND COMMON COUNCIL OF THE CITY OF GILROY DO ORDAIN AS FOLLOWS: Section 1. The right, privilege and franchise of laying, main- taining and using, ror the purpose of conveying, distributing, and supplying gas to the public and particularly to the inhabitants of said City of Gilroy, for light, heat, power and all lawrul purposes, gas pipes, mains and conduits in so many and in such parts of' the public highways, streets and alleys of said City of Gilroy as the grantee may elect to use for the purpose aforesaid, are hereby granted by the City or Gilroy for the term of twenty-five (25) years from and after the time when this ordinance shall take effect, to and assigns. Section 2. All gas pipes, mains and other conduits whish shall be laid and used under and pursuant to the provisions or this ordin- ance and in the exercise of the rigl't, privilege and franchise here- in granted, shall be of iron, or other suitable material, and shall be or such dimensions as the owner for the time being of said right, privilege and franchise shall determine. All such gas pipes, mains and conduits shall be laidin a good and workmanlike manner and at least eighteen (18) inches below the surface of said highways, streets and alleys under the direction of the Oity Marshall of the City of' Gilroy, or other officer having charge thereof, and in accord- ance with all ordinances of the City of Gilroy relative thereto. No new gas mains shall be laid, nor shall the location or any existing gas main be changed, in any street or alley in the City of Gilroy without the written notice of intention to lay such new gas main, OD to change the location of' any existing gas main, 104 being ~iled in the o~fiee of the City Clerk of the City o~ Gil- ,~~ X U ,... ......, '""-i . . roy, be~ore the work o~ laying sueh new gas main or of changing the loeation of any existing gas main shall be commenced. No notiee shall be required of repairs to gas mains where loeation is not changed. Seetion 3. The ownerfbr the time being of said right, privilege and franchise shall, ilmnediately upon laying, replac- ing or repairing said gas pipes, mains and other eonduits, or .. any part thereof, at its own cost and expense, plaee said high- ways, streets and alleys, or so mueh thereof as may have been damaged thereby, in as good order and condition as that in which they were before being disturbed or exeavated ror the purpose of laying, replacing or repairing said pipes and other eonduits. Seetion 4. The owner for the time being of said right, privilege and franehise shall have the right to maintain, repair and replace any or all or such gas pipes, mains and other eon- dui ts from time to time as may be neeessary and properi, Seetion 5. The grantee of the aforesaid right, privi- lege and rranchise, its sueeessors and assigns, shall, during the term for whieh the same is granted, pay to said City of Gil- roy two (2) per cent. of its or their gross annual receipts aris- ing from the use, operation or possession thereof; provided, how- ever, that no percentage shall be paid for the rirst five (5) years succeeding the date of the grant of said right, privilege and franehise, but thereafter sueh percentage shall be payanle annually, and if sueh payment shall not be made, sueh right, privilege and franchise shall be rorreited; provided further, that if this franchise be a renewal of a right already in exist- ence, the payment or said percentage or gross receipts shall begin ....... '. at once. Section 6. The said right, privilege and rranchise are granted under and pursuant to the provisions of the laws of the state of California which relate to the granting of rights, lii<..~ privileges and franchises by municipalities. Section 7. This ordinanee shall, exeept as hereinafter otherwise provided, take efrect and be in foree upon the expiration of thirty (30) days after its final passage, and shall, before the expiration of said thirty (30) days and before going into effeet, .be published once in the Gilroy Gazette. a newspaper published in 10r: {J,_, said dity or ~ilroy; and ir, during said thirty (~O) days, a petition signed by not less than ten per cent. of the electors or said City of Gilroy protesting against the passage of this ordinance, be presented to saud Mayor and Co~non Council, the same shall thereupon be suspended from going into operation, and it shall be the duty of said Mayor and Common Council to reconsider this ordinance. If said Mayor and Common Council shall thereupon not entirely repeal said ordinance, they shall submit the same to a vote of the electors wither at a regular municipal election or a special election to be called for the purpose, and this ordin- ance shall not go into effect or become operative, unless a major- ity of the voters voting upon the same shall vote in favor thereor. day or , 1923, by the follow- Passed this ing vote: Ayes: Councilmen Noes: Councilmen Absent: Councilmen Approved: Attest: Mayor of the City or Gilroy. City Clerk' NOTICE IS HEREBY FURTHER GIVEN, That it is proposed by said Mayor and Common Council to grant said right, privilege and fran- chise upon the terms and conditions set forth in said form of ordin- ance; that sealed bids for such right, privilege and franchise will be received by said Mayor and Common Council at the office of the City Clerk of said City of Gilroy in said City up to the hour of 8 o'clock P. M. on Monday, the 12th day of March, 1923; that the successful bidder, and his assigns, must, during the life or said franclrlse, pay to said City of Gilroy a percentage of the gross annual receipts to be derived from the use, operation or possession of said right, privilege and franchise, upon the terms and con- ditions set forth in said rorm of ordinance; that said Mayor and Common Council will meet in open session on the day and at the hour last hereinabove mentioned, and will then and there open and read such bids; that thereupon and during such meeting said right, privilege and franchise will be awarded to the person, firm or corporation that shall make the highest bid therefor, provided only that at the time of the operning of said bids any responsible per- lOG son, firrli or corporation present or represented may bid Tor such right, privilege and franchise, a sum not less than ten (10) per cent. anove the highest sealed bid theroTor, and said hid may be raised not less than ten per cent. (10~) by any responsible bidder, and said bidding may so continue until Tinally said right, privi- lege and franchise shall be struck oTr, sold and awarded by said Mayor and Common Coincil to t,he highest bidder thereror, in gold coin or the United States of fr~, and each sealed bis shall !~ X U ro 1..,.../ """""" !IM"I be accompanied with cash or a certified check payable to the City Treasurer oT said City ror the rull amount of said bid, and no sealed bid shall be considered unless such cash or certiTied check shall be enclosed therewith, and the successful bidder shall deposit at least ten (10) per cent. of the amount of his bid wibh the City Clerk or said City before said right, privilege and rranchise shall be struck orf to him; and if he shall fail to make such deposit i~nediately, then and in that case, his bid shall not be received and shall be considered as void, and said franchise shall then and there be again orTered for sale to the bidder who shall make the highest cash bid therefor, subject to the same conditions as to deposit as above mentioned; that such procedure shall be had until said franchise shall be struck oTf, sold and awarded to the bidder who~hall make the necessary deposit oT ten (10) per cent. oT the amount oT his bid as hereinbefore pro- vided; that such successful bidder shall deposit with the City Clerk of said City within twenty-four (24) hours after the accept- ance of his bid the remaining ninety (90) per cent. of the amount thereaT, and in case he shall fail to do so, then said deposit theretofore made shall be rorfeited and the award of said rran- ~ l>.-:...u chise shall be void, and said Trancluse shall then and there by said Mayor and Common Council be again orfered ror sale to the highest bidder there:for, in the same manner and under the. same re- strictions as hereinbefore provided; and in case said bidder shall fail to deposit with the City Clerk of said City the remaining ninety (90) per cent. of his bid within twenty-four (24) hours a:fter its acceptance, the award to him or said rranchise shall be set aside and the deposit theretofore made by him shall be forfeited, and 110 Turther proceedings in the sale of said franchise shall be had un- ~ess the same shall be again advertised and orrered ror sale in the manner hereinberore provided; and 107 NOT!Cg tS nBREBY FURTHER GIVEN, That the grantee of said right, privilege and franchise must, within five (5) days after the same shall have been awarded, file with said Mayor and Common Council a bond running to said City of Gilroy, with at least two (2) good and sufficient sureties to be approved by said Mayor and Common Council, in the penal sum of $1,000.09, conditioned that such bidder shall well and truly fulfill and perform each and every term and condition or said rranchise, and that in case of any breach of condition of said bond, the whole amount of the penal sum therein named shall be taken and deemed to be liquidated damages and shall be recoverable from the prin- cipal and sureties upon said bond; and that in case said bond shall not be riled as aforesaid, then the award of said franchise shall be set aside any any money paid therefor shall be forreited, and said franchise shall, in the discretion of said Mayor and Common Council, be re-advertised and again offered for sale as provided by law. For further particulars rererence is hereby made to said application filed as aforesaid in the office of said Mayor and Common Council, and also to the resolution adopted by said Mayor and Common Council on the 22nd day of January, 1923, under and pursuant to which and to the provisions of such laws of the State of Calirornia as relate to the granting of rights, priv- ileges and franchises by municipalities, this notice is given, and all proceedings relating to the grant of said right, privilege and franchise will be had." Passed this 22nd day of January, 1923, by the following vote: Ayes: Councilmen E. J. Chesbro, A. W. Brown, Wm. Radtke, C. E. Fredrickson; Noes: Councilmen None; Absent: Countilmen C. W. Schemel, Gerald Hecker. ^ ,