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,