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HomeMy WebLinkAboutOrdinance 1301 (Industrial Telephone System)CLERK'S CERTIFICATE I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael, and Ex -officio Clerk of the Council of said City do hereby certify that the foregoing Charter Ordinance No. 1301 entitled: AN ORDINANCE OF THE CITY OF SAN RAFAEL GRANTING TO INDUSTRIAL TELEPHONE SYSTEMS, ITS SUCCESSORS, AND ASSIGNS, THE FRANCHISE: (1) TO USE, FOR TRANSMITTING AND DISTRIBUTING FACILITIES FOR COMMUNICATION FOR USE BY CONSUMERS, ALL POLES, WIRES, CONDUITS, AND APPURTENANCES WHICH ARE NOW OR MAY HEREAFTER BE LAWFULLY PLACED AND MAINTAINED IN THE PUBLIC STREETS AND PLACES WITHIN THE CITY OF SAN RAFAEL UNDER THAT CERTAIN FRANCHISE OF GRANTEE ACQUIRED PURSUANT TO SECTION 8 OF ARTICLE XII. OF THE CONSTITUTION OF THE STATE OF CALIFORNIA, AND (2) TO CONSTRUCT, MAINTAIN, AND USE IN SAID PUBLIC STREETS AND PLACES ALL POLES, WIRES, CONDUITS, AND APPURTENANCES, INCLUDING COMMUNICATION CIRCUITS, WHENEVER AND, etc. is a true and correct copy of an ordinance of said City, and was introduced at a regular meeting of the City Council of the City of San Rafael, held on the 19th day of June 19 78 Published as re- quired by City Charter in the Independent -Journal , a newspaper printed and published in the City of San Rafael and passed and adopted as an ordinance of said City at a regular meeting of the City Council of said City held on the 5th day of July 19 78 by the following vote, to -wit: Ayes Noes Absent: Councilmen: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen Councilmen: None Councilmen: Mayor Bettini WITNESS my hand and the official seal of the City of San Rafael this 6th day of July 19 , 7T NF M. LEONCINICity Clerk ORDINANCE NO. 1301 AN ORDINANCE OF THE CITY OF SAN RAFAEL GRANTING TO INDUSTRIAL TELEPHONE SYSTEMS, ITS SUCCESSORS, AND ASSIGNS, THE FRANCHISE: (1) TO USE, FOR TRANSMITTING AND DISTRIBUTING FACILITIES FOR COMMUNICATION FOR USE BY CONSUMERS, ALL POLES, WIRES, CONDUITS, AND APPURTENANCES WHICH ARE NOW OR MAY HEREAFTER BE LAWFULLY PLACED AND MAINTAINED IN THE PUBLIC STREETS AND PLACES WITHIN THE CITY OF SAN RAFAEL UNDER THAT CERTAIN FRANCHISE OF GRANTEE ACQUIRED PURSUANT TO SECTION 8 OF ARTICLE XII. OF THE CONSTITUTION OF THE STATE OF CALIFORNIA, AND (2) TO CONSTRUCT, MAINTAIN, AND USE IN SAID PUBLIC STREETS AND PLACES ALL POLES, WIRES, CONDUITS, AND APPURTENANCES, INCLUDING COMMUNICATION CIRCUITS, WHENEVER AND WHEREVER SAID CONSTITUTIONAL FRANCHISE SHALL NOT BE AVAILABLE THEREFOR, NECESSARY TO TRANSMIT AND DISTRIBUTE COMMUNICATIONS FACILITIES SUITED FOR, AND FOR USE BY CONSUMERS FOR, ANY OR ALL LAWFUL PURPOSES. THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DO ORDAIN AS FOLLOWS: DIVISION 1. Whenever in this Ordinance the words or phrases hereinafter in this section defined are used, they shall have the respec- tive meanings assigned to them in the following definitions (unless, in the given instance, the context wherein they are used shall clearly im- port a different meaning): (a) The word "grantee" shall mean Industrial Telephone Systems, its lawful successors or assigns; (b) The word "City" shall mean the City of San Rafael, a municipal corporation of the State of California, in its present in- corporated form or in any later reorganized, consolidated, enlarged or reincorporated form; (c) The word "streets" shall mean the public streets, ways, alleys, and places as the same now or may hereafter exist within said City, including State highways, now or hereafter established within said City, and freeways hereafter established within said City; (d) The phrase "poles, wires, conduits and appurtenances" shall mean poles, towers, supports, wires, conductors, cables, guys, stubs, platforms, crossarms, braces, transformers, insulators, con- duits, ducts, vaults, manholes, meters, cut-outs, switches, communica- tion circuits, appliances, attachments, appurtenances and any other property located or to be located in, upon, along, across, under or over the streets of the City, and used or useful in the transmitting and/or distributing of communications; 0 _97� I n___,'LP7_ (e) The phrase "construct, maintain and use" shall mean to construct, erect, install, operate, maintain, use, repair or replace. (f) The phrase "constitutional franchise" shall mean the right acquired through acceptance by said grantee or its predecessor in estate of the offer contained in the provisions of Section 8 of Article XII. of the Constitution of the State of California. DIVISION 2. The franchise (1) to use, for transmitting and distributing facilities, suited for communication, for use by consumers for any and all lawful purposes, all poles, wires, conduits, and appur- tenances which are now or may hereafter be lawfully placed and maintained in the public streets and places, within said City under that certain franchise of grantee acquired pursuant to Section 8 of Article XII. of the Constitution of the State of California, and (2) to construct, maintain and use in said public streets and places all poles, wires, conduits and appurtenances, including communication circuits, whenever and wherever said constitutional franchise shall not be available therefor, necessary to transmit and distribute communications suited for, and for use by consumers for, any or all lawful purposes, is hereby granted to Industrial Telephone Systems, its successors and assigns. DIVISION 3. Said franchise shall be indeterminate, that is to say, said franchise shall endure in full force and effect until the same shall, with the consent of the Public Utilities Commission of the State of California, be voluntarily surrendered or abandoned by the grantee, or until the State or some municipal or public corporation thereunto duly authorized by law shall purchase by voluntary agreement or shall condemn and take under the power of eminent domain, all property actually used and useful in the exercise of said franchise and situate in the territorial limits of the State, municipal or public corporation purchasing or condemning such property, or until said franchise shall be forfeited for noncompliance with its terms by the grantee. - 2 - DIVISION 4. The grantee of this franchise shall: (a) Construct, maintain, and use all poles, wires, conduits, and appurtenances in accordance with and in conformity with all of the Ordinances, rules and regulations heretofore or hereafter adopted by the Legislative Body of City in the exercise of its police powers and not in conflict with the paramount authority of the State of California and, as to State highways within City, subject to the provisions of general laws or local Ordinances relating to the location and maintenance of such facilities; (b) Pay to City, on demand, the cost of all repairs to public property made necessary by any operations of grantee under this franchise; (c) Indemnify and hold harmless City and its officers from any and all liability for damages proximately resulting from any opera- tions under this franchise; (d) Remove or relocate, without expense to City any facilities constructed, maintained and used under this franchise if and when made necessary by any lawful change of grade, alignment or width of any streets, including the construction of any subway or viaduct, provided that this provision shall remain in effect only so long as such street, subway or viaduct shall remain under the jurisdiction of the City as a City street, but shall cease to be applicable to any such street if and when the same shall become a State freeway, nor shall it constitute a contractual obligation in respect to such freeway within the purview of Section 703 of the Streets and Highways Code of the State of California (e) File with the Legislative Body of City within thirty (30) days after any sale, transfer, assignment or lease of this franchise, or any part thereof, or of any of the rights or privileges granted hereby, written evidence of the same, certified thereto by grantee or its duly authorized officers. DIVISION 5. All streets disturbed or excavated by grantee shall at its own cost and expense immediately be placed in as good order and condition as same were in before being so disturbed or ex- cavated. - 3 - DIVISION 6. Upon the expiration of the period for which this franchise shall endure, City, at its election and upon the payment of a fair valuation therefor, as determined in a legal proceeding before the Public Utilities Commission of the State of California or in a con- demnation proceeding in a court of proper jurisdiction, may purchase and take over to itself the property and plant of grantee in its entirety; but in no case shall the value of this franchise be considered or taken into consideration in fixing such valuation. Upon the payment by City of said valuation, said plant and property of grantee shall become the property of City by virtue of the grant and payment hereunder, and with- out the execution of any instrument or conveyance. DIVISION 7. City shall have the right to make all regulations which shall be necessary to secure in the most ample manner the safety, welfare and accommodation of the public, including among other things the right to pass and enforce Ordinances to protect the public from danger or inconvenience in the operation of any work or business au- thorized by the grant of this franchise and to make and enforce all such regulations as shall be reasonably necessary to secure adequate, sufficient and proper service and accommodations for the people and insure their comfort and convenience, provided such regulations shall not conflict with the regulations of the Public Utilities Commission of the State of California or of any other State Agency to whom parti- cular police powers have been delegated applicable to grantee. DIVISION 8. Grantee of said franchise shall during the term thereof pay to City a sum annually which shall be equivalent to two percent of the gross annual receipts of said franchise; provided, however, that such payment shall in no event be less than a sum which shall be equivalent to one-half percent of the gross annual receipts derived by grantee from the use of its communication facilities within the limits of City under said franchise and said constitutional franchise. DIVISION 9. Grantee shall file with the Clerk of City, within three months after the expiration of the calendar year, or fractional - 4 - calendar year, following the date of the granting hereof, and within three months after the expiration of each and every calendar year thereafter, a duly verified statement showing in detail the total gross receipts of grantee during the preceding calendar year, or such fractional calendar year, from the use of its communicationsfacilities within City. Grantee shall pay to City within fifteen days after the time for filing such statement, in lawful money of the United States, the aforesaid percentage of its gross receipts for such calendar year, or such fractional calendar year, covered by such statement. Any neglect, omission or refusal by grantee to file such verified statement or to pay said percentage at the time and in the manner specified, shall be grounds for the declaration of a forfeiture of this franchise and of all rights of grantee hereunder. DIVISION 10. This franchise is granted pursuant to the Charter provisions of the City of San Rafael, and particularly Article XIV. thereof, and subject to the provisions thereof. DIVISION 11. Grantee of said franchise shall pay to City a sum of money sufficient to reimburse it for all publication expenses incurred by it in connection with the granting thereof; such payment to be made within thirty days after City shall have furnished grantee with a written statement of such expenses. DIVISION 12. The franchise granted hereby shall not become effective until written acceptance thereof shall have been filed by grantee with the City Clerk. DIVISION 13. This Ordinance shall be published once in full before its final passage in a newspaper of general circulation, printed, published, and circulated in the City of San Rafael, and shall be in full force and effect thirty (30) Attest: J E M. LEONCINI, City Clerk days afte4JE1SEN4.ice final passage. RMayor - 5 - The foregoing Ordinance No. 1301 was read and introduced at a regular meeting of the City Council of the City of San Rafael, held on the _ 19th_ day of June 1978 and ordered passed to print by the following vote, to wit: AYES: COUNCILMEN: Miskimen, Mulryan and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon and Mayor Betti n i and will come up for adoption as an Ordinance of the City of San Rafael at a regular meeting of the Council to be held on the 5th day of July , 1978. J A E LEO&N4, Cit Clerk Y