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1914-11-17 Regular CC MinutesREGULAR IJEETING OF THE COUNCIL OF TH2 CITY Of TITSDZ‘Z TTOVII:BER 17'PTI 1914. The meetinr!; convened with Council--president 7jorgenstern -sr)residing. The roll ;fa s called and Councilmen :Eartlett, 'Hammond, I:lac:aae, Llorgenstern and (5) were noted present. Councilmen 'Culloc, and Roth, (2) , arrive a later and were noted present. Councilmen 'I2robst and t3tewart, (2) were notej absent. the Li-outes of the ').1.evious meeting were a-oproved as read. .lorF:enstern introduced the following Resolution anO moved its adoption: 7:ESOLV1D, 1yr the council of the City of laameda, that there be transferred from the Electric Light iound to the General Fund the sum of I:ive Thousand Seven hundred and sixty-one and 28/100 (5761.28) Dollars, same being an amount .equal to the city lihting bill for the three months ending September 30th,1914. Tho 2,udLtor and the Treasurer are here- by authorized to make same transfer upon their respective books. Lir. Bartlett seconded the motion to adopt the Resolution and it was passed and adopted by the following vote: Hammond, IJac::;ae, i00iOnS±eTn and 1.:orris, ( Eoes:fone. Jlbsent: Councilmen Bullock, Probst, ROth and Stewart 4). Morgenstern introduced the following Resolution and moved its adoption: yes:Councilmen Bartlett, E20LVED, by the council of the city of that there be transferred f]om the I1ectric .uip;ht l'und to the Interest and Redemotion Fund, to pay Interest, Three thousand, six hundred and fifty- six and 25/100 (3656.25) Dollars, and Redemetion, Three thousand, seven hun- dred and fifty and 00/1C)0 (3750.00) Dollars, due 17,ovenber 1, 1914, on the Electric LiP:ht jond issue authorized in 1912. The Auditor and the Treasurer are hereby authorized to make said transfer upon their respective books. Li'. Hammond seconded the motion to adopt the Resolution and it was passed and adopted by the following vote:- _;Lyes:Councilmen Bartlett, Hammond, L.ocRae, Lerwenstern and I orris, Yoes:Uone. Lbsent: Councilmen Bullock, Probst, Roth and Stewart, (4). Claims against the General .und amounting to :e2673.26; against the Police Fund amounting ',;,;154.47 and agail the JPire Fund amounting to :,1349.89 having been aDproved and audited by the proper officials were read by , Clerk as follows: Bradford, J. F. Inter-City Express Dufour, Larkin, John Municipal Electric Light Plant 17 TT 77 Norton, G. J. Hoy, 71. H. m(1 _ Tn1 _ nn G:IiRRAL FUITD. Services Transcript of Records Notary Fee Labor and material Public Lighting Labor and attendance Services Meat for Pound Pplitn1 ancl 6.00 3.00 .50 8.60 2365.83 209.06 7.50 .50 1-70 Schneider,Henry IT TT Time Star Cempany Vosburgh, L. W. 'Jest Coast Printing Co- Alameda Vulcanizing Works Lee, Cuyler Mazzini, L. Pacific Tel. & Tel. Shreve & Barber Co. Smith, Frank J. Standard Oil Co. Alameda Steam Laundry Assn. Baird, J. V. Bussenias, A. G. Fischer, C. F. Furey, Garratt-Callahan Co. Cutta Fercha Rubber Co. Kahn, Fred Kelly, G. W. King, A. Koorber, A. H. W. Lomax, fl. I. !.Tazzini, L. Killer, D. Oakland Typewriter Exchange O'Brein, B. Pacific Engineering Co. Pacific Gas & Electric Co. Pacific Tel. & Tel. Co. Park Garage TV Peonies Water Co. Pittsburg Water Heater Co. Reliance Automobile Co. Rhodes-Jamieson & Co. Rickerson, Al Sooy, L. C. Standard Oil Co. Steinmetz, T. F. Times Star Co. Vosburgh, L. V. November 17th, 1914. Supplie TV Bindin 3u 11 Printing Total - POLICE FUND. Auto supplies Tire Hose Rental and tol Cartridges and express Heals Gasoline mo FIRE FUND. ljr. Bartlett moved that the bi Towel service Horseshoeing Medicine Oil House repairs Supplies Searchlight Repairs Salary Horseshoeing Feed Horseshoeing Supplies Horse rental Typewriter -Lepairs It Tolls Supplies TV Water Repairs Supplies Feed Supplies Horseshoein Gasoline Supplies Printing Supplies Total 1.30 4.25 9.00 3.87 37.50 -02673.26 2.50 39.42 .35 3.25 88.40 6.75 . 13.80 154.47 15.80 5.00 11.40 5.00 1.50 10.00 22.50 172.25 42.00 7.50 7.50 6.00 1.10 16.00 40.00 56.70 300.00 26.03 .30 39.85 17.15 307.42 1.60 2.55 184.90 3.25 6.50 13.13 7.00 16.50 4.46 1349.89 as ead be paid, seconded by Mr. Ayes:Councilmen Bartlett, .1.1s, (6). Noes:None. 3). Hammond and carried by the following vote :- Bullock, Hammond, LacRae, i:orgenstern, and Absent:Councilmen Probst, Roth and. Stewart, following were received:- v The Poundm ter's report for the month of October, 1914. Ordered filed. The Auditor's Balance Sheet for the month of October Ordered filed. The Apportionment of Taxes, 1914-1915. Ordered filed. The Oath of Office of ':.alter S. McLean as mel!lber of the Board of Health. Ordered filed. The following communications were received:- From ::rs. Helen C. Goldthwaite, calling the Council's attention to the killing of her dog. Ordered filed. From the Street Committee recommending that a d. et be created for the opening and widening of Encinal Avenue and that the Assessor, City Clerk and Superintendent of Streets constitute the Commission to appraise and November 17th, 1914. necessary papers for the widening of ncina1 Lvenue the District as outlined in the report of the Street Committee and adopted by the Council Docembergth, 1913, constitute the District for assessment nurooses and that the Street Superintendent, the Assessor and the Qity Clerk constitute the Commissioners, that the Commissioners also investigate the cost of the opening, widening and straightening of certain streots as recommended by the City Planning Commissi ;11, secondei by Lr. IfacRae and carried by the following vote:- Ayes:Councilmen Bartlett, Bullock, Hammond, 'Lac- Rae, Liorgenstern. and U.orris, (6). Noes:None. Absent:Councilmen rrob t, Roth and Stewart., (3). LT.r. LiacRae and Mr. :r.ieyers of the City Planning Commission submitted a plan for a garage at the rear of the City Hall lot, which vas referred. to the Finance Committee. From V. E. Frodden, Street Superintendent, recommending the purchase of a Universal Road Eachine. 6necifications for the same accompanied his letter. Ur. Bartlett moved that the Clerk advertise for bids, seconded by Er. Hannond and carried by the following vote:- Ayes:Councilmen Bartlett, Bullock, Hammond, I:Lac:Rae, Eorgenstern and ::orris, (6). Noes:None. Absent:Councilmen Probst, Roth and Stewart (3). From the City Clerk, stating that he had checked the names on the )etitions submitted by Chas. A. Wilhelm calling for a Freeholders' Election. The certificate stating that there was sufficient names to call the Freeholders' Election was then read. From H. P. Bolte, requesting a grauitous license to solicit and sell household articles. Er. Hammond moved that the request be P;ranted, seconded by Er. Bartlett and carried by the following vote:- Lyes:Councilmen Bartlett, Bullock, Hammond, MacRae, Hiorgenstern and i,orris, (6). Noes:None. Absent:Councilmen Probst, Roth and Stewart, (3). From Oswald Lubbock, Tax Collector requesting permission to employ a clerk at ::3.00 Per day for two weeks. Ijr. Hammond moved that the request be granted, seconded by Er. Bartlett and carried by the following vote:.- Ayes:Councilmen Bartlett, Bullock, Hammond, I:acRae, JJ)rgenstern, and. Eorris, (6). 7oes:None. Absent :Councilmen Probst, Roth and Stewart, ( ). From C. J. Du Four, Secretary of the Board of Education, re- questing the Council to purchase the lot adjoining the Forter School as soon as possible, orovision for whichhaving been made in the budget. Referred to the Finance Committee. /7 From J. S. Anderson, Commissioner of Public Works of Oakland, aecomoanied by a ketter from Thos. H. Rees and from R. E. Henningsen, Assistant Harbor Engineer of Oakland, stating that the mud aopearing in the water on the south ore of Alameda was not due to the pumping of the Oakland Dredger. Ordered filed. November 17th, 1914. disposal of debris from the booths in the future. Referred to the Fi- nance Committee. From the City Clerk, calling the Council tention to the need of printing a sup to the Funicioal Code. Referred to the Finance Committee. 12 From the Board of Electricity requesting oorm:ssion to make one hundred and .-venty-five service connections. lir. Bartlett moved that the request be grantea, seconded by Hr. ;orris anJ carried. 13 From the Powell Bros. Construction Company, demanded the re- turn of their certified check. of 0.50.00, which accompanied their bid on October 20th, 1914, for the improvement o Ladison Street. Tieerred to the City Attorney. 14 ]from J. P. Robinson, asking for a reconsideration of the de- nial of a permit to move their house from 631 Santa Clara Avenue to the 400 block on the 50.1110 Avenue, The Council took no action inasmuch as the Provisions of the Code as matter now stoccl had not been fulfilled. 15 From the Street Committee recomendinc: that the Cit and City Attorney draw un the necessary oapers to improve San Jose Avenue, between High Street and Post Street. lir. Hammond moved that the report be adopted, seconded by r. Bartlett and carried by the following vote:- Ayes:Councilmen Bartlett, Bulloc71, Hammond, 1 acRae, iorgenstern and Liorris , (6) . Noes :None. Absent :Councilmen Probst, Roth and Stewart, (3)0 16 Greenajors and Councilman Bartlett both asked if there were any nroceedings before the Council on the opening of San Lntonio Lvenue. Persons living in that neighborhood also wanted_ to 1:now. They were informed that there was nothing before the City Council, 17 1:r. Bartlett moved that the Police, 'ire and Water Committee ascertain the cost of a boat for the use of the Police Department, seconded by Hr. Hammond and carried. 18 ijr. Bartlett also moved that the Street Committee take trp with the owners along Bay Island Lvenue, the matter of filling the de- ression back of the bulkhead along said Avenue, seconded by Nr. Hammond and carried. 19 1.1r. :Bartlett moved that the City Planning Commission be allowed )35.00 to join the State City Planning League and the National Con- ference on City Planning, seconded by lir, Hammond and carried by the followin3: vote: - Ayes:Councilmen Bartlett, Bullock, Hammond, LacRae, lorF-;enstern, IJorris and Roth, (7). Noes :None. Ab ent:Councilmen Probst and Stewart, (2). 20 1:r. Bartlett called attention to the fact that no definite response had been received from persons owninp land abutting the tide- lands along the 2Stuary,' requests to lease the came having been sent to them last Lay. He moved that the offer as extended to the owners November 17th, 1914. I;:r. Hammond moved that plans and s cifications be Prepared for the improvement of Park Street and Webster Street, Provision for which having been made in the badge , seconded by Ix. 3artlett and carried by the followin.7 vote:- Ayes:Councilmen Bartlett, Bullock, Hammond, I:acRae, :1orgenstern, ::orris and Roth, (7). Noes:None. Absent:Councilmen Probst and Stewart, ). 22 Mr, Roth reported that the 2ublic Buildings an Grounds Committee had under advisement the matter of painting the City Hall. Mayor Otis at this time took the chair. 25 The matter of the condemnation of the Von Ah Stables came before the Council. Dr. Hieronymous, C. L. Colvin and E. C. Maillot stated the insanitary condition of the same. Mr. Von Lli also addressed the Council in his own behalf. After some discussion, Ir. Morgenstern moved that the matter lay over until the next meeting of the Council to give Hr. Von Ah time to make such alterations as the Board of Health and the Health Officer would recommend, seconded by Hr. Bartlett and carried. Eayor Otis asked to be excused and Council-president Morgenstern again took the chair. Mayor Otis stated that he had again considered the provisions of a telephone franchise with all parties concerned and that certain changes satis±actiroy to him had been made. Hr. Bar lett,Chairman of the Public Utilities Committee thereupon presented the application of the Pacific Telephone and Telegraph Company for a franchise. Ordered filed. The Ordinanceas embodied in the application was thereu-?on introduced. I. Bartlett moved that the bond required to be given by the successful bidder for the franchise be in the sum of Twenty-five Thousand Dollars, seconded by Mr. Hammond and carried by the following vote:- Ayes:Councilmen Bartlett, Bullock, Hammond, TacRae, and Morgenstern, (5). Noes:Morris and Roth, (2). Absent:Councilmen Probst and Stewart, (2). 25 Er. Bullock introduced the following Resolution and moved its adoption: 4 RESOLUTION. WHEREAS, THE PACIFIC TELE)HONE AND TELEGRAPH COI,TPANY has made application to the City Council of the City of Llameda for a franchise to do a general telephone and telegraph business within the City of Alameda, and to place, erect, con- struct, maintain and operate in, over and under the streets, alleys, avenues, thoroughfares and public highways within said city, poles, wirus, cables and other conductors, conduits, fixtures, appliances and other appurtenances for the trans- mission of electricity for telephoic, telegraphic and other purposes for which electricity may be used to transmit intelligence by signals or sounds; also the right to construct, operate and maintain all necessary feeders, surface wires, house connections and such other apparatus and appliances in connection therewith as may be necessary for t _e murpose of safely and efficient ly operating and maintaining said system of poles, wires, cables, conduits, appliances, fixtures and other appurtenances, and carrying on a general telephone and telegraph business by means thereof. November 17th, 1914. 1st: That there shall be offered for sale by said City of .Alameda such a franchise, and that it is proposed to grant the said franchise, the same to contine for the term of Forty-one (41) year from. and after the date on which the same is finally granted, and that the City Clerk of said City of Alameda be ordered to advertise the fact of said application together with a statement that it is proposed to grant the same, in the Evening Times- Star and illameda Daily Lrgus, a daily newspaper, once a day for ten (10) successive days, or as often during said period as said paper may be published; that full publication thereof must be completed not less than twenty (20) days nor more than thirty (30) days before the 22nd day of December, 1914, and that said day be fi::ed as the day upon which tenders and bids for said franchise and privilege will be received. 2nd: That said franchise be in the following form: A. BILL 0-1DIT.TA110E NO. .T.11",','.7 SERIES. Gil-ANT= TO IT SUOCE3011S AND AssIcyrs, 771E RIGHT TO ERECT, O dIT11JJCT, PLACE, I,T_AIYTLIE 2,UD 0=LT2 IN Ti CITY OF 2,LALED1. , ST2,TE 02 C.LLIORNTA, 2,1TD IN, OVER AND UNDER THE ST1FETS, ALLEYS, AVENUES, THnOUGHFARES ArD 11 Ir)-1=M T1LF,E011 , 11 111115 CAB-LES, ArD COYDUCTCRS 111D THE 111101155111111 :i']W=EUT AUD AIT1RTENA=2 IU CONUECTION flT 5510 1 170R THE 0112.,NS- Y_I2SION OF INTELLIGENCE BY tlECTRICITY. The City Council of ibe City of Ziameda do or- dain as follows: Section 1. The City Council of the City of Alameda, County of Llameda, --tate of California, does hereby declare the The Pacific Telephone and Telegraph Company, a corl)oration, made an application by i)etition in writing, filed November 16, 1914, to said City Council for a franchise and privilee,:e, hereinafter described; that said ap.plication came on reulrly on the 16th day of November, 1914 , to be heard and considered by said City Council, and thereaT)on, on motion 'duly made, seconded, passed and carried ai5 adoT)ted, it was declared and stated that said City- Council -proosed to rant said franchise and -erivilee, the same to continue Tor the term of "forty-e:Le (41) years from and after the 22na day of :December, 1914, upon the terms nd subject to the conditions and restrictions in saia order as hereinafter stated: that in and saia motion it wqs further ordered that the fact of said application for said francise and privilege, to7other with a statement that it pro-posed to grant the some upon solO terms and subject to said con- ditions and restrictions, be advertised by the City Clerk of said City by publication in the Even in Times Star and :_lameda LrF;as, a daily newsraper, published 1.-R said City, once a Jay for ten successive days, or as often durin suoh period saia paper was -published, and that the full publi- cation thereof must be completed not less than twenty days nor more than thirty days before the 22n0 day of December, 1914, the day fixed upon which tenders and bids for said franchise and -nrivilee would be received. Section 2. That said City Council does further declare that said advertisement containing all the tatements required by law was duly published in said newspaper for the time and in the manner ro- c-mired by law, and said order of said City Council; that said City Council met in open session qt the room of said City Council in the .Bailding:: of said City, on the day of , 19 , at o'clock 11. arIT then and there opened and read the bids for said franchise aid 7)riviIege; that made the hihest sealed bid Liiore:1or, to wit: the sum of _ Dollars ) ; thab Said sum was the hihest sum _ bid or offered therefor, and that said franchise and privilege was thereui.)on, by said City Council, struck off, sold and awarded to said thatsajci 'foverpber 17th, 1914. has filed with said City Council a bon running to said City of Alameda in the penal sum in the form and with the terms and conditions reauired by law and the order of said City Council; that said bona has been regularly approved by said City Council. Section 3. The r:L-ht aad privilege is here- by granted to its successors and assigns, to do a general tele- phone and telegraph business within said City of Alameda, and to place, erect, constructi, maih- tain and operate in, over and under the streets, alleys, avenues, thoroughfares and public high- ways within said City of Alameda, poles, wires, cables and other conductors, conduits, fixtures, appliances and other appurtenances for the trans- mission of electricity for telephone, telegraphic an other purposes for which electricity may be used to transmit intelligence by signals or sounds. Also the right to construct, operate and main- tain all necessary feeders, surface wires, house connections and such other apparatus and appli- ances in connection therewith, as may be necessary for the purpose of safety and efficiently operting and maintaining said system of ooles, wires, cables, conduits, appliances, fixtures and other appurtenances and carrying on a general telephone and telegraph business by means thereof. 2rovided, however, that said poles, wires, cables, surface wires, conduits, house connections and auxiliary features shall be constructed, erected, placed and at all times maintained and operated, and said right, privilege and franchise is hereby granted, and shall, be at all times exercised and enjoyed in accordance with and subject to each and every of the terms and conditions of this ordinance and of the charter and ordinances of the City of Alameda. Section 4. That in the event the Council Of the City of Alameda shall order conduits to be laid or maintained under this franchise, the shall be constructed, laid and located in conformity with such regulations as the Council may hereafter prescribe. Section 5. That in the event that a change of grade, the laying of any sewer, or the making of any other improvement in any of the streets along and under which said poles and conduits may be erected or laid, shall, in the opinion of the Street Superintendent of said City, render necessary any change in the nosition of said pole or conduit, the grantee of this franchise, its successors or assigns, shall shift or move the same at its own cost and expense in conformity with the written instructions and to the satis- faction of the said Street Superintendent, and in case said grantee, its successors or assigns, shall fail to comply with the written instructions given therefor by said official within a reason- able time after service of said instructions upon the said grantee, its successors or ass g s, the said official may do the work reauired in said instructions to be done and keep an itemized account of the cost thereof, which said grantee, its successors or aSsigns, by the acceptance of this franchise agrees to nay upon said account being presented to said grantee, its successors or assigns, or to its manager or agent. Section 6. That the poles to be erected and maintained under this franchise, shall be of a size and character satisTatory to the City Engineer of the City of Alameda and,Shall be erected and located in conformity with the instructions and to the satisfaction of said City Engineer. Said city shall have the riht at any time to require the removY1 of any and all poles erected under this franchise, and cause all wires to be Placed underground. 2rovided, that such right shall not be exercised, except by ordinance applicable alike to, and shall only be enforced alike against all telenhone, telegrap and electric poles and wires within said city, owned or held November 17th, 1914. That in the event that the grantee, its successors or assigns, shall disturb the surface of any street within the City of Alameda said grantee, its success- or assigns, shall restore said street to as good condition as it was prior to such disturbance and t the satisfaction of the Street Superintendent of said City, said restoration to be made within a reasonable time from the date of said disturbance. Should said restoration be not made within a reason- able time the Street Superintendnt shall notify said grantee, its successors or assigns, in writ- ing of the delay and if said grantee, its success- ors or assigns, shall then. not proceed without delay to make said restoration said Street Super intendent may make the restoration necessary or required and keep an itemized account of the cost thereof, which said grantee, its successors or assigns, hereby agrees to pay upon said account being presented to said grantee, its successors or assigns, or to its manager or agent. Section 7 That, except as hereinafter pro- vided, said grantee, its successors or assigns, shall not , without the consent of the city, evidenced by ordinance, sell, or transfer the con- duits, poles, wires or appliances of any kind or description, or sell, lease, assign or transfer any of the rights or privileges herein authorized or granted to any person, company, trust or cor- poration and shall not at any time enter into any combination, directly or indirectly,with any person or persons, or any corporation, concerning the rent to be charged for telephone or telegraph service, and no officers, employees or managers of the telephone or telegraph system authorized under this franchise, shall at any time, be in charge of, or be officers, employees, or managers of any other telephone system, constructed or being operated in this city; provided, however, that said grantee, its successors or assigns, may, for the purpose of reorganization or refinanc- ing, assign this franchise and said property to any corporation to which it shall transfer all its frenehises and property within the State of California, and all its business within said state; and provided, further, that notice of said assignment shall be filed with the City Clerk of the City of Alameda sixty (60) days after the execution of said assignment. Sectien 8. That the grantee of this franchise, its successors or assigns, shall during the life of this franchise, and for the further period of time fom ilarch 12, 1913 to the date of granting this franchise, pay to the City of Alameda, in lawful lAoney of the United States, two Per cent of the gross annual receipts of said grantee, its successors or assigns, arising from the use operation or possession of this frandhise. Such percentage shall be payable annually. The amount of tae gross annual receiets of the grantee of this franchise, its successors or assigns, arising from the,use, operation or possession, shall be deemed and understood to be the total gross earn- ings collected or received for local exehange service, and two (20) per cent thf that propor- tion of its gross toll receipts creditable to Ala- meda xchange and accruing from telephones within the City of Alameda; and two (2) per cent of the gross earnings in any other manner derived by the grantee of this franchise, its successors or assigns, from telceehone or telegraph charges, or rentals, and from the leasing or lettin of lines, poles, or conduits, and it. shall be the duty of the grantee of this franohise, its successors or assigns, to file with the City Clerk of the City of Alameda on 'or before January ',31, 1915, and at the expiration of each and every year thereafter, a statement verified by the oath of said. grantee, its successors or assigns, or bT,r the oath of the manager or presiding officer of said. grantee, or its successors or assigns, showing -,i3i1e total gross receipts and gross earnings, collected or received, or in any manner gained or derived by said grantee, its suceessors or assigns, during the preceding twelve (12)months ending with December 'a,st from the teloehone or telegraph charged and rentals, fro; the leasinn: or letting ,.. November 17th, 1914. City Clerk of the Cit;‘, of Alameda on or before January 31, 1915 shall include the period com- mencing with Larch 12, 1913, as mentioned herein. And within twenty (20) daz/s after the time of filing the aforesaid statement, it shall be the duty of the said grantee, its successors or assigns, to pay to the City '2reasurer of the City of Alameda, the aggregate sum of said percentage upon the amount of the gross annual receipts, arising from the use, operation or possession of this franchise, determin- ed and computed in the manner hereinbefore provided. And any neglect or refusal be said grantee, its successors or assigns, to file said verified statement, or to pay said percentage of said gross annual re- ceipts, at the time or in the manner hereinbefore provided, shall ipso facto work a forfeiture of this franchise, and all of the rights thereunder to the City of Alameda. Section 9. That the grantee of this franchise, its successors or assigns, shall furnish to the City of Alameda without charge therefor thirty- five (35) telephones. Said telephones shall be for use in connection with the business of the City af Alameda and shall be for such classes of service and shall be located at such points within the City of Alameda as the City Council may from time to time direct. Section 10. Noting in this ordinance shall be construed in any way to prevent the proper authori- ties of said City of Alameda from sewering, grading, planking, rocking, paving,repairing, altering, or improving any of the streets, alleys, avenues, thoroughfares and public highways or places within the said City of Alameda, in, under or upon which the poles, wires, conduits, or other conductors of said Company shall be placed, but all such work or improvement shall be done, if Possible, so as not to obstruct or prevent the free use of said poles, wires, conduits, pipes, conductors, or other apparatus. Section 11. In consideration of the rights and privileges hereby granted, the City of Alameda shall have, and the said grantee hereby grants to said City of 1.‘1aleeda the right and privilege to suspend and maintain on all poles placed by said grantee, its successors or assigns, in the streets and other placez aforesaid, or where an underground system is used the use of a duct in said underground system, or the necessary wires in the underground cables, for all wires which said City of Alameda may reonire for fire alarm and police telephone and telegraph pur- poses free of charge to said City of Alameda, the decision of whether a duct or wires shall be furnish- ed shall be optional with said grantee, its success- ors or assigns, All wires operated by said City of Alameda shall be maintained and operated so as to in no way inter- fere with the operating and maintaining of the said grantee's wires or service, nor shall the wires of said City of Alameda be unduly exposed to foreign electrical circuits in excess of 5000 volts. In the case of rearrangement of the grantee's telephone plant, the City of Alameda shall care for its own wires and construction at its own expense. Section 12. The grantee of said franchise shall indemnify and hold harmless the City of Alameda for and from any claims, damages or losses caused the said City by the erection or maintenance of his or its Poles, wires, conduits, pipes, conductors, apparatus and structures. Section 13. The City of Alameda may,,within six months before the expiration of the term of the said franchise, give written notice to the then owner or owners thereof, that it desires to purchase all of the property of the owner of said franchise, constituting a part of the said telephone system and plant, in the City of Alameda, at a price to be fixed by arbitration in the manner following, to- wit: The City of Alameda shall, with said notice, serve upon the owner of the said franchise, a written desig- November 17th, 1914. the City of Illamed; within thirty days thereafter the two appraisers shall meet and agree upon a third appraiser; the said three appraisers so named to constitute a Board of Isppraisement, ich shall witqin sixty clays after appointment appraise and fix the value of the property constituting the said teleohone system and plant in the City of Alameda, omitting from consideration and from the said anpraisement, any value for any good will or for any franchise, basing such asopraisement upon the fair market value of the prTerty as it is then located, ready for actual use, and for the oaice and value so fixed by said appraisers, or any two or more of said appraisers, on demand, the said g-rantee of said franchise, and his or its assigns, shall grant and convoy to the City of Alameda the said property referred to herein and wh,n said grantee shall have granted and conveyed to said City of Alameda the said property the City of Llameda shall then pay to said grantee, its successors or assigns, the price fixed by the said Board of Appraisement. Section 14. The rights, Privileges and fran- chise hereby granted shall continue anC be in force for a period of forty-one (41) years from and after the date of the passage of this ordinance. Section 15. That any neglect, failure or re- fusal or comply with any of the conditions of this franchise, shall thereuoon immediately ipso facto effect a forfeiture, thereof, and the said City, by its City Council, may thereuoon declare this franchise forfeited and ms7 exclude said J,rantee, its successors or assigns, from any further use of the streets of said City of .1amcda under this franchise, and said ';rantee, its successors or assims, shall thereupon and imsediately surrender all rights ,in and to the same, and this franchise shall be deemed and shall remain null, void and of no effect. Section 16. This ordinance shall tale effect and be in force immediately on its passae and approval. Ind be it :further resolved, that the bond re- ouired to be given by the successful biddor for said franchise be in the mrn of Twenty-five Thousand and 00/100 (25,000.00) 1)o11ars, and sad sum is hereby fixed as the ainount of said bond. Ijr. Hammond secondcd the otion to aoet the esolution and it was passed an1 adanted by the followin vote: 4es:Councilon Bartlett, Hamond ::acHae anc: Toronstorn, (5). :Mos:Council:len TMrris qnd Roth, (2) . :i)sent:Councilmen Probst aid Aewart, (2). 3111 for Ordinance -entitled "A 3111 for Ordinance Ho. Hew 'eries, Calling and ond rovidLng for a special election in and for the City o:; Alaoda, County of .iameda, Aate of Clifornia, to be hold in said ijit,y or Tuesday, the 12th day of 'December, D. 1914, the mIrr,ose of electing a 3eard of fifteen I'reeholder, whose duties it shall be to Ti'etlare and Pro7)ose a now charter for said City of lameda, nursufmt to the -[)rovisions of, c.nCi in the Inanner iirovided by the Constltution of the .;tate of California; establishing the election -orecincts and designa,ting the ro111n -,-)laces therein for such election, and the nnaes of election officers for each such 'precinct, and appoint- ing such election officers, and 2roclaiming ouch election and providing for ivinFr notice thereof.", enne uc for passage and was read by the Clerk. 1:r. Dartiett moved that the 0-4?dinance be amended, chaup;ing the date 0 ,om 1Jecember 12th, 1914 to January 1915, seconded by 1:ir. Hovember 17th, 1914. 2'7 Not Voting:Councilman 2,oth, (1). Lbsont:Councilmen 2robst and ;3tewart, (2). The City Lttorney stated that a majority vote was sufficient to ;1_-ve validity to the amendment,thereupon Lartlett moved that the Ordinance as a.nended he adopted and it was lost by the following vote:- :yes:Councilmen Bartlett, Bullock, Hammond ,orris and 17.oth, ' two-thirds m,j Ordinance failed and rgenstern, (4). Yoe :Councillr.en 1.:lacRae, (6). 1bsent:Councilmen "'robot and. :;tewart, (2). rity of all the me:::bers bo necessary the of passage. Before the result was announced, however, Hr. Bartlett asked to change his vote to No and gave notice of reconsideration of the Ordinance o. of the Council. IJr. Bullock introduced a Bill No. New eries, Re ear upo-n, the the next meeting; entitled "A Dili for Ordinance iring the namos of bottlers of milk to cover or cap thereof, and providing a ena1ty for the violation of the prov"isiens thereof," a -rovision of the Charter. There being no further busin which vas laid over under o transact the Council adjourned until the next regular meeting time Tuesday evening, December 1st, 1914,at 7:'j0 o'clock. I.espectfully submitted, City Clerk,