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HomeMy WebLinkAboutOrd 83-1915 / ORDINANCiE NO. AN O~:~DIN~u~CE, G~:;A2~TIN~ TO T~'~ PACIFIC TELEPHONE .~D TELEGRAPH C0~ANY, I~ SUCCESSORS AND ASSIGNS, T~ RIGHT TO ~LACE, ERECT ~"D~I~TAIN POLES, WI~8 MCD OT~R i°PLI~CES M~ CONDUCTORS ~,~D TO ~Y UNDERG?~Ob~D CONDUCTORS POE ;%'IRES ~OR T~ ~w ,'v ~ .... ~S.~,~_S~ ION OP ELECTRICITY ~ ~ ~ ~ ~ ~ IN, ~ON ~{D UA~ER T~ STREETS, ~LEYS' A~S THOROUG~S AND P~LIC HIG~-;AYS IN T~ CI~ SOUTH SAN PR~CISCO, STATE O2~ C~IFOk~IA, ~'~D TO ~RCISE 9_~ ?RIVIL- EGE OF OP~EATIN~ TELE?HONE AND TEL~,~R~'H INSTR~TS ~D O? DOING A .EL~HONE Ai~ TELEGRAPH BUSI~]A~S WITHIN SAID CITY OP SOUTH $~ FP~ANC t SO0, %~AS, all matters, acts, ~d things precedent to the granting of the fr~chise hereinafter set for~.h have heretofore happened, been done ~d perfor~.ued in due form of law. The Board of Trustees of the Oity of South S~ ~rancisco do ordain as follows: SECTION 1. There is hereby granted by the City of So,~th San Pranoisco to T~ P.&CIFIC TEL~'HO~ AND TELEOE~OH CO~,~ANY, a corporation organized and existing under the laws of the State of California, its successors and assigns, the right and privilege/ to do a general telephone and +elegraph business within said City of south S~ Pr~cisoo ~d to place, erect, lay and maintain and operate in and ~der the streets, alleys, avenues, thoroushfares, and public highways within the City of South ~ Prancisco, poles, wires ~d other appliances and conductors for the ~r~smission of elect- rioity for telephone and telegraph purposes; such '.ires ~d other appli~ces and conductors may be strung on poles ~d other fixtures above ground at the option of the said gr~tee, its successors, an~ assigns. or may. b~ laid underground in pipes or conduits or otherwise protected, and such other apparatus may be used as may be necessary or proper to operate and r~aintain the S~e. SECTION 2. ~'benever wires are strung on poles, such poles shall be of height sufficient to carry the wires at a ninimum height of twenty (20) feet above the gro~. V~herever possible poles shall be set in the alleys of said city and shall be placed in such a manner as will ].east interfere with travel thereon. When conduits are used to convey wires, such conduits shall be placed, wherever possible, in the parking spaces between curbs and side- Walks except where ~i~ is necessary to cross streets or alleys. Where poles are placed on streets they must be located as nearly as possible uPOn the prolongations of lines separattng~lots. SECTION ,B. It shall be l~wful for said T~ PACIFIC TELE~HONE ~D ~LEG~H C0~Y, its successors ~d assigns, ~to make all need- ful excavation in any of such streets, alleys, avenues, thorough- fares and public highways in said City of South S~ ~rancisco for the purpose of placing, erecting, laying and maintaining poles or other supports or conductors for said wires or repai~ing, removing or replacing the s~e. Said work shall be done in eompli~ee with the necessary rules, regulations, ordinances or orders which may, during' the continuance of this franchise, ~be adopted from time to time by the Board of Trustees of said City of South San ~r~ctseo. SECTION 4. ~enever T~ PACI?IC ~ ....... ~ ~ ~ ~ 1 1' -- ~ ~ l~y, its. successors and assigns, shall distur~ any of the streets, for the purpose aforesaid, it or they shall restore the s~e to ~ood order ~d condition as soon as practicable without ~necessary delay, ~d failing to do sO the Board of Trustees of said City of South San ~rancisco 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 Company, its successors ~d assigns, the said Board of Trustees shall cause such repairs to be made at the~ e~enSe of Said'..~'-~v~.~ PACIFIC T~LE?HONE AND COt.~Y, its successors and assi~s. SEOTION 5, Nothing in.this ordinate shall be construed in ~y way to prevent the proper authorities of said City of South San ~ran- 2 cisco from sewering, grading, planking, rocking, paving, repairing, altering, or improving any of the streets, alleys, avenues, thorough- fares and public highways or places within said City of South San ~rancisco in or upon which the poles, wires or other conductors of said Company shall be placed, but all such work ~r ~mprovement shall be done~ if possible, eo as not to obstruct or prevent the free use of said poles, wireS, conductors, conduits, pipes or other apparatus, Said City shall not be liable to said grantee for any necessary interruption of telephone and telegraph service, while making such improvements or repairs. SECTION 8. In consideration of the right and privileges hereby granted, the City of South San Francisco shall have and the said, THE ~AC!FIC TELF~HONE AND TE~EGR~OH C~m~Yhereby grants to it, during the life of this franchise, the right and privilege to place, where aerial construction exists, a fixture an the tops of poles ~rected and maintained under this franchise to which may be~attached wires not exceeding four, and where underground conduit~ exists the said grantee sh~ll furnish said. City of South San Franci~ao with one duct in its underground system, or two pairs of wires in underground cable free of charge to said City of South San ~rancisco to be used for low tension police and fire alarm purposes, it being understood that it shall be optional with the grantee as to whether two pai~s of Wires shall be given or a duct in the ~mderground system; provided, however, that said City of South San Francisco shall in its use and maintenance of such fixtures, Wires or duct comply with the reason- able 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 succe~sors o~· assigns; no~ shall the wires of said City b! unduly exposed to foreign electrical currents in excess of five thousand volts; and, provided, further, that in case of r~arrangement Sf the ~said plant, the said City of ~outh San 2rancisco will care for its own wires and constr~ction, and will save the grantee harmless from any accidents caused by such construction. SECTION 7. Said grantee hereby grants to said City of South San Francisco, during the term of this franchise, the use of Three 43) telephones without cost to said City for an unlimited number of calls throughout the region within which no toll or extra charge shall be required of any. telephone subscriber of said grantee in ~aid City of South San Francisco. SEOTION 8. The grantee of this franchise shall',~ ~pon the determination of the fact that it is the successful bidder, file a bond running to the City of South ~an Francisco, with at least two ~2) good and sufficent sureties to be approved bi~ said Board of Trustees, in the penal sum of One Thousand 41,O00) Dollars, con- ditioned theft said grantee, its successors and assigns, shall well and truly observe, fulfill and perform each and every condition of said franchise, and that in case of any breach of condition of such bond, then the whole of the penal sum therein named shall be taken and be deemed to be liq~idated damages, and. shall be recoverable from the principal and smreties upon said bond; said bond shall be filed with the Board of Trustees within five days after this fran- chise is awarded, and before the final passage of this ordinance. SEOTION 9. The grantee, of said franchise and privilege, its successors and assigns, m~'~st during the~life of s~id franchise pay to the City of South San ~rancisco, tw'o ~er cent 42%) of the gross annual receipts of the said grantee, its succes~ors and assigns, aris- ing from the use, operation or possession of said franchise or privilege, and any telephone or telegraph system to be constructed under and in pursuance of said franchise and privilege; provided however, th~'~t no percentage shall be paid for the f~rst five (~) years succeeding the ~ate of the going into effect of the ordinance granting said fra.nchise; and that thereafter such percentage shall be 4 payable annually; and in event such payment is not made said fran- chise shall be immediately, upon the failure to make said payment, at the time the same shall fall due, by said grantee, its successors or assigns, forfeited. ~EOTION 10. However, nothing in this ordinance shall be con- strued as releasing the said grantee from the proper compliance with any police rule or regulation, now in effect or which the public con- venience or necessity mawr demand from time to time and which may be adopted by the Board of Tr~stees of the City of So~th San Francisco d~ring the life of this franchise. SECTION ll. The rights, privileges and franchise hereby granted shall contin~e and be in force for a period of twenty-five ~251 ~rears from and afte~ the date on which ~his ordina~ce shall take effect, SECTION 12. This ordinance shall be p~bltshed once in "THE ENTERPRISE", a weekly newspaper published and circulated in said City of South San Pranoisco, and shall take effect and be in force thirty ~Z0)days after the~ ~te of it~passage. Passed and adopted as an ordinance of the City of South San Francisco at a regular meeting of the Board~Trustees of the City~ of South San Francisco, this /~day of Noes, Trt~stees Absent, Trustees 7res~ ~rustees of the City of South San ?raneiseo.