Loading...
HomeMy WebLinkAboutOrdinance No. 322ORDINANCE NO. -3-2X AN ORDINANCE GRANTING TO ASSOCIATED TELEPHONE COI?PANY, LTD., A CORPORATION, ITS SUCCESSORS AND ASSIGNS, FOR A PERIOD OF THIRTY-FIVE YEARS, THE RIGHT, PRIVILEGE AND FRANCHISE, TO CONSTRUCT, OPERATE, ALTER, MAINTAIN AND USE, CONDUCT AND CARRY ON A GENERAL TELEPHONE AND TELEGRAPH BUSINESS, AND IN CON- NECTION THEREWITH, AND FOR THE PURPOSES THEREOF, TO CONSTRUCT, ERECT, INSTALL, MAINTAIN AND OPERATE_A SYSTEM AND PLANT FOR THE TRANSiiISSION OF BOUND, SIGNALS, CONVERSATIONS AND IN- ` TELLIGENCE BY MEANS OF ELECTRICITY9 INCLUDING POLES AND/OR CONDUITS AND AIRES, IN, ALONG, OVER AND UNDER THE STREETS, ALLEYS AND PUBLIC PLACES AS NOW EXISTING AND AS HEREAFTER ESTABLISHED IN THE CITY OF AZUSA, STATE OF CALIFORNIA. The City Council of the City of Azusa does ordain as follows. - SECTION 1. That the right, privilege and franchise be, and the same is hereby granted to Associated Telephone Company, Ltd., a corporation, organized and existing under and by virtue of the laws of the State of California, its successors and/or assigns, for a period of thirty-five (35) years and during the whole thereof, from and after the effective date of this ordinance, to maintain, conduct, and 1. carry on a general telephone and telegraph business for the transmission of sound, signals, conversation and intelligence by means of electricity, in, over, along and under the streets, alleys, and similar public places as now existing and as hereafter established is said City of Azusa, and, for such purposesto install, erect and maintain poles and pole lines and necessary appliances in connection therewith, in, over and along, and to build conduits, and conduit structures and mare the excavations necessary and proper therefor, in and under said streets, alleys and similar public places, and to string, install, maintain and operate wires, cables, and other necessary appliances and conductors on such poles and in such conduits and conduit structures. Such wires and other appliances and conductors shall be either strung on poles and other fixtures above ground, or, at the option of the Grantee, its successors or assigns, placed under- ground in pipes or conduits, or otherwise protected; provided, however, that the City Council of the City of Azusa shall have the right, at any time, when required for the purpose of protecting and guarding the public health and safety, to order all wires and conductors located or maintained upon or along any of the streets, alleys, highways or other public places in the business part of the City of Azusa to be placed in underground 2. C pipes or conduits and in the event such order is made by said Board, the wires so located and maintained thereon, under this franchise shall be so placed by said grantee, its successors or assigns; provided, further, that the said City of Azusa shall not pass any ordinance requiring the wires owned and maintained by the grantee of this franchise, its successors or assigns, to be placed underground, unless said ordinance or similar ordinance or orders be made applicable to all telephone, telegraph, signal and power wires maintained on said streets, alleys, highways and publio places cnd to all persons, firms or corporatioms maintain- ing such wires. SECTION 2. All construction work shall be built of good materials and in a good and workmanlike manner and shall be of that standard required by the State Law and the orders of the Railroad Commission of the State of California, or any other body or governmental authority having jurisdiction in the premises. lihere not in conflict with the paramount law of the state or the orders of the California Railroad Commission or other body or government- al authority having jurisdiction in the premises, said poles, pole lines, conduits and conduit structures and other physical parts of Grantees system shall be placed, constructed and maintained in accordance with the reason- able regulations of said City of Azusa. Grantee shall comply with the terms of any general ordinances of said City noa in existence or hereafter adopted, regulating the making of excavations and trenches in the public highways, public streets and 3. other public places in the City of Azusa. :Then ever Grantee shall disturb any of the streets, highways, public places or public works of said City, for the purpose of constructing or maintaining or removing any part of its system, it shall restore the same to like good order and condition without unnec•,ssary delay; should Grantee, after reasonable notice from the said City, default in doing so, said City shall have the right to do so at Grantee's expense. G'rantoe, its successors and assigns, shall, at all times during the life of this franchise, furnish adequate telephone service. SECTION 3. The said Grantee, its successors and assigns shall, for the term of this franchise, and without charge therefor, furnish to said City of Azusa, one individual line telephone. SECTIOPT 4. The said Grantee, his or its successors or assigns, shall during the life of said franchise, pay annually to said City of Azusa, in lawful money of the nited States, two per cent of the gross annual receipts of said Grantee, his or its successors or assigns, arising from the use, operation or possession of said franchise. If granted to applicant, the said franchise being a renewal of a right already in existence, or if otherwise granted in renewal of a right in existence, the obligation for payment of said percentage shall commence with the granting thereof. 4. e The Grantee of said franchise, his or its successors or assigns, at or within sixty (60) days after January 1st next following -the date of the granting of the franchise, and within sixty (60) days after each January 1st thereafter, during the life of this franchise, shall file with the City Clerk of the City of Azusa a statement verified by the oath of the Grantee, his or its successors or assigns, or by the oath of the manager ar an officer thereof, showing the gross annual receipts of the Grantee, his or its successors or assigns arising during the preced— ing year from the use, operation or possession of said franchise and within ten (10) days after the filing of said statement, the Grantee, his or its successors or assigns, shall pay to the City Treasurer of said City the sum due to said City arising from the use, operation or possession of the franchise as above provided. The Grantee, his or its successors or assigns, shall upon request of the City Council furnish the Council with such other statement or information as the Council may reasonably require for the purpose of determining the amount or amounts the City is entitled .to receive on account of the grant of the said franchise. Any neglect, omission or refusal by said Grantee, his or its successors or assigns, to file said verified statement or to give such further statement or information or to pay said percentage as hereinabove provided, shall at the option of said City work a forfeiture of said franchise. 5. r SECTION 5. The Grantee, his or ite-auceessozs or F ti assigns, shall not sell, assign or transfer said franchise, or any of the rights or privileges granted thereby, except by a duly executed instrument in writing, filed with the City Clerk of said City, within ninety (90) days after such sale, transfer or assignment. SECTION G. The franchise hereby granted shall not be construed or deemed to be exclusive. Sa^CTION 7. The franchise hereby granted shall be so exercised by the Grantee that the same shall not endanger the public or interfere or obstruct the use of any street, alley or public place by the public or for public purposes. If any of the Grantee's poles, pole lines, conduit or conduit structurEs, or other physical parts of said system, shall endanger the public or interfere or obstruct the use of any street, alley or public place by the public or for public purposes, Grantor shall have the right to require Grantee at Grantee's expense, to move, alter, or re—locate the same to avoid such danger, interference or obstruction. The Grantee shall hold the Grantor and its officers, agents, servants and employees harm— less from any claims arising or resulting from the construction, location, maintenance and operation of said poles, pole lines, conduits and conduit structures, or other physical parts of said system, or otherwise arising from or resulting from the use or operation of the franchise. SECTION 8. Nothing in this franchise contained shall prevent the Grantor hereof from sewering, grading, widening, paving, altering, or improving any of the 6. J streets, alleys, or public places of the said City, upon, over, under or across which said Grantee's system shall be located, but all such work or improvements shall be done and made, so far as reasonably possible, so as not to obstruct or prevent the free use of Grantee's system upon the said streets, alleys, or similar public plaods. Nothing in this franchise contained shall be construed to require the Grantee herein during the term of the franchise to move, alter or re -locate any of its system upon said streets, alleys or public places of said City for the convenience, accommodation or necessity of any other public utility, or to require the Grantor, or any person, firm, or corporation to move, alter or re -locate any of its, his or their system upon said streets, alleys or public places of said City for the convenience, accommodation or necessity of Grantee; expressly providing, however, that Grantor shall have the right to require the Grantee, at Grantor's expense, to move, alter or re- locate any parts of Grantee's system for the accommoda- tion of any water, electric or other utility system as now or hereafter owned or operated by the Grantor. SECTION 9. That whenever it becomes necessary temporarily to rearrange, remove, lower or raise any wires, cables, conduits or other apparatus of said Grantee for the crossing thereof or of the line thereof by any building, machinery or other object or work, said Grantee shall temporarily rearrange] remote, 7. lower or raise its wires, cables, conduits, or other apparatus as the necessities of the case require; provided, however, that the person or persons desiring to move any such building, machinery or other object, or to do any such work, shall assume and pay to the Grantee herein the cost of such rearranging, removing, lowering or raising, and shall, in advance of such moving or work, deposit with said Grantee, cash or a good and sufficient bond to pay such costs as estimated by said Grantee and said person or persons shall indemnify and agree to save the Grantee free and harm- less of and from any and all damages or claims of whatever kind or nature, direct or consequential, caused directly or indirectly by said crossing, passage or work, and/or by the temporary changing, altering or removing of said wires, cables, conduits or other apparatus so as to permit such crossing, passage or work. That said Grantee shall be given not less than five days' written notice by the person or persons desiring to accomplish such crossing, passage or work, of his or its intention to do so, which notice shall detail. the route of movement of building, machinery or other object and/or describe such work and specify the time when the rearrangement, removal, lowering or raising will be required and said notice shall be accompanied by a cash deposit, as aforesaid, or posting with said Grantee a good and sufficient bond to pay such cost as aforesaid, and said notice and the matters therein specified to be done, shall bear the approval I of said city or such officials of the latter as said City may designate. That in moving said building, machinery or other ouject, and/or the doing of such war', the route taken and/or the manner of doing such work shall be as in said notice specified, and such moving and/or;work shall be accomplished with as much speed as possible, and shall not unnecessarily inter- fere with or delay telephone or other service by said Grantee, or cause the Grantee unnecessary expense, loss of time or interruption of service and shall be done -in accordance with such other regulations as the said City may by Ordinance prescribe. SECTION 10. The term "Grantee" wheresoever used herein shall include said Associated Telephone Company, Ltd., a corporation, its successors and assigns here- under; and all the terms and conditions of this franchise, shall bind and be binding upon each and every assignee, holder and owner of the same, and upon each and every person, firm and/or corporation lessee of any of its privileges. SECTION 11. The Grantee, his or its successors or assigns, within ten (10) days after the passage of the Ordinance granting said franchise shall file with the City Clerk a written acceptance of the same and shall keep, observe and perform all of the terms and conditions in said franchise provided to be kept, observed and performed by said Grantee, his or its R . • I . ( , r r successors or assigns. any neglect, failure, omission or refusal by the Grantee, his or its successors or assigns, to comply with any of the terms or conditions of said franchise after the same shall be granted shall work a forfeiture of said franchise at the option of the City. Wherever it is provided in said franchise that the same shall be forfeited, declared forfeited, work a forfeiture or similar phraseology is used the same shall be deemed to mean that the same shall be forfeited at the option of the City insofar as it may be legally so provided. SECTION 12. The said Grantee .shall, at all times during the life of this franchise, keep on file with the said City Council a bond running to said City of Azusa in the.penal sum of y1,000.00 with sureties to be approved by said City Council, conditioned that Grantee of this franchise shall well and truly observe, fulfill and perform each and every term and condition of this franchise, and that in case of any breach of condition of said bond, the whole amount of the penal sum therein named shall oe taken and deemed to be liquidated damages, and shall be recoverable from the principal and sureties on said bond. Nothing in this section contained shall be construed to limit the liability of Grantee in the event it shall fail to well and truly observe, fulfill and perform any term or condition of this franchise. 10. L SECTION 13. The work to erect or lay the telegraph or telephone wires or to exercise any privilege granted by the franchise as provided by law shall be commenced in good faith within not more than four months after the granting of such franchise, and if not so commenced within said time, said franchise shall be declared forfeited; provided that any system owned or operated by Grantee at the time of the granting of this franchise shall be deemed to have been constructed under the provisions of said franchise. The work shall be prosecuted diligently and in good faith so as to meet and fill the reasonable needs of the inhabitants of the territory for the service of which the franchise is granted. SECTION 14. The Hayor shall sign this Ordinance qnd the City Clerk shall attest and certify to the passage, adoption and publication of the same and shall cause the same to be published once, within fifteen days after its passage, in the Azusa Herald and Pomotropie, a weekly newspaper of general circula- tion published and circulated in said City which said newspaper is hereby designated for that purpose, and thereupon and thereafter thirty days after its passage said Ordinance shall take effect and be in force. >�172+.e� Signed this"p�day of , 1936 �C MAYOR of the City of Azusa. ATTEa City Clerk of 010 City of Azusa. I HEREBY CERTIFY that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Azusg at a regula meeting duly and regularly held on the day of i 1936 in the regular COun it Chambers in said Cityjof Azxlsa, Los Angeles County, California; that said Ordinance was regularly passed and adopted by said City Council, signed by the Mayor and attested by the Cleric of said City at a regular meetin& of said Counoi so held inthe reg�laF Council Chambers on the "7 day of 7yla�c��Z 1936 and that the same was passed and adopted by the following vote: - Councilmen: AYES: NOES: ABSENT% and that I caused said 0 dinance to be published on the S day of 7?71936 in the Azusa Herald and Pomotropic, a newspaper of general circulation, printed, published and circulated in said City of Azusa, and that the same was published in accordance with law. LL " _ li.A. Hynqt City Clerk of the City of Azusa. 12.