HomeMy WebLinkAboutReso 4189-1965RESOLUTION NO. z;189
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION URGING SUPPORT OF A CONSTITU-
TIONAL AMENDMENT WHICH WILL PERMIT CITIES
IN CALIFORNIA TO LEVY A TWO PERCENT GROSS
RECEIPTS TAX ON TELEPHONE COMPANIES DOING
BUSINESS THEREIN
WHEREAS, municipalities are prohibited by California
Constitution, Article XIII, Section 14, from taxing tele-
phone companies at a higher rate than they tax mercantile,
manufacturing and business corporations, and,
WHEREAS, municipalities may require mercantile, manu-
facturing and business corporations to compensate them for
the use and occupancy of city streets and ways, and
WHEREAS, municipalities may not require telephone cor-
porations to compensate them for the use and occupancy of
city streets and ways, except in areas within the 1905 bound-
aries of a city which in May 1905, had a freeholders' char-
ter giving it power to grant franchises to such telephone
corporations, and
WHEREAS, telephone companies, unlike mercantile, manu-
facturing and business corporations, use and occupy city
streets and ways for the major portion of their distribution
systems within cities, including poles, overhead wiring,
junction boxes and exposed equipment which obstruct the
view of persons traveling on adjacent highways and inter-
fere with the rights to light, air and view of adjacent
property owners; and
WHEREAS, it appears reasonable and just that telephone
companies should be required to pay a fair compensation to
municipalities for the use and occupancy of city streets
and ways, as mercantile, manufacturing and business cor-
porations are required to do under identical circumstances.
NOW, THEREFORE, the City Council of the City of South
San Francisco resolves as follows:
Section 1. That State Assemblyman Leo J. Ryan is
hereby requested and urged to sponsor and support in the
1965 Legislative Session an amendment to Section 14 of
Article XIII of the State Constitution which would permit
municipalities to levy a 2% gross receipts tax on telephone
companies doing business therein, such tax to be in lieu
of any telephone franchise fee charged by such municipality.
Section 2. That State Senator Richard J. Dolwig is
hereby requested and urged to support in the 1965 Legis-
lative Session the foregoing constitutional amendment.
Section 3. That the City Clerk is hereby directed to
transmit certified copies of this Resolution to Assemblyman
Leo J. Ryan and to State Senator Richard J. Dolwig.
Section 4. The City Clerk shall certify to the pas-
sage of this Resolution, shall post it in three conspicuous
places and said Resolution shall thereupon take effect.
I hereby certify that the foregoing Resolution was
regularly introduced and adopted by the City Council of
the City of South San Francisco at an adjourned regular
meeting held on the 12~h day of April
by the following vote:
AYES, COUNCILMEN Frank J. Ber~ucelli, Patrick £. Ahem,
Andrew Rocca, and Guido J. Rozzi
NOES, " None
ABSENT, " ~milio Cortesi ~-,
, 19 65