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ORDTNINCF No.
An Ordinance ggGa4,ltini to
and his assigns, the right for a period of fifty yeaiS to con-
ree
�,'<.. *..f'?y£.�a '�ad '„ .iz 't�,i>, t,,` f 2�� ��$S4 �' •:'�,., � � �y �k,,T. ,� ,zvEti a.i �wn; ..,.
neceseurf Ltnd tc xii ary fixtures , upon, over and along the
stireeta, avenues, alleys , banes, A -,1.a,cea of
Of Redlands , w,,Li to +`7r t:i;3:t:1 sGl.i,CXa, •i 1 �f3, co t i r-
aticns « d i,,I,elli�,ence ILY .i;ear,s of electricity over saici
wires, and of carrying on a t,elegrujh,
d i sari ct messenger and burglar alarm business.
The Board of Trustees of tI:e Cite of Redlands IAC ORDAIN :as
follows
sect41. That toe right, privilege and fraricliise is
xierei: � anted to ►,.�,,� _ .
a a iiio a.6sjr ,s , to co struct, erect, iouintain "nd of:erate , for
a term of fifty years, poles aiaci acres wit i all Lacesa,,ry and
auxiliary fixtures, upon, over, a. _ci along the streets, avenues,
alleys , nic�:L-gays wid fucks places of the said City of Redlunds,
Aw d t� trw.SM111 upas, 8a i gal$, GU71�`erSat� Gas �i'iCi 1T"_t ll eilCe
tiirougii a.nd over said wires by means of electricity, tcgetner �
with right to construct, operate and maintain all necessary
feeders, surf..u:e wires, house connections ��nci such ot'r!er arj.;- r4,
tus un,a In connection tr.ureirat,h us riiy Le neeeBbury
for the purpose of safely and efficiently operating and main--
tuining saia syeterri of poles, wires and fixtures and of carrying
on a enera,l telephone, t.ele,7uph, dii strict i-rtssenger and bur-
,lax 41arz us mess by rzieans h ere of .
",I"' t e said rw l.ri vi lege anti frurc iise is nereq
anted 4Sta sia l l be at all t. irries exercised �i1U er�jcyed si.xrject
to Baca t r C e,.rery of t,rie teras GLnd eci;c itions of' tris Orctina"tce .
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of this fra is ;.Be
Section 2. That the ;rantee„jor his assigns, shall in good
faith, within four months sfea from the granting of the fran-
chise, begir. work thereunder and shall lay out and expend for
material and labor used and performed in the censtructi'c* and
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in connecsti on therb iwlkth, of wires, owitchbourdw sand to ph�m �a
al1aratue and appliances, the following sums within the periods
hereinafter mentioned, resl. ectively: Five thousand dollars,
($5, 100) , within twelve months after the g' anting of said fran-
chise ; a fur#:er and additional sum of five thousand dollars,
($5,000. ) , within fifteen months after said grant ; a further
and additional yam of ten thousand dollars, ( 10,000) , within
ei,c#iteen months after said grant ; and a fir Cher and additional
sum of ten thousand dollars, ($10,000) within twenty-four nionths
after the granting of said franchise.
And it s�all be the duty of the grantee of t7us franchise,
or his aesigns, to file with the City Clerk of the City of
Redlands, before or within ten days after the expiration of each
of said periods of twelve, fifteen, eip*,�iteen and twenty-four
months after the granting of said franchise, a statement,
verified by the oath of said grantee, or iiis assigns , showing
the sums expended for said material and labor by said grantee,
or his assigns, during the preceding period of twelve, fifteen,
eighteen or twenty-four months, as the case may be. And any
failure or omission to pay out and expend for said labor told
material the full sun herein before required to be expended
within either of the respective periods prescribed, or any
omission or refusll to file within the times herein prescribed
any of said verified statements, small , ipso facto, work a
forfeiture of the said franchise and of all rights thereunder
to the City of Redlands.
Section 3.. Th4t the poles to be erected 041d Maintained under
+laid franc", $ ,11 be of a sizer and c44ractsr satisfactory to
was $oaard of Trustees._ of the City, of Redi.ands, €and l be
erected and located in conformity with ths. xatxuct
'
?e isreaftsr passed; b� the .Board of Truatges of said City.
No, shads tree s,# shall be di sturbed, cuts, or wed by the
#ntae ,of ,t�hi.a f r }nciise, or hia assigns, in the prosecution of
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the work hereby outZlorizod, without the pormieai ou of the Boarc
of Trust6408, oraf +sone of designated, by said Board for the
�urposs, first bad and obtained. Said city "ll have the right
at any., time► to require the removal of any and all polea ereAtsd
under such franchise, and being within the fire limits of said
city now, or
k xay, ;reef to sxi s,�, a.rd c�}uae all ��r
f, ereon within said li1dits to be placed underground; provided
tt suu ; right
.l not. ,be exercised. except _by ordinance,
&pp-lG a.blQ
mike to all telephone, tol,e�Taph and, electric: pole$
and wires witnin said limits owned or held by any and ail
persons, companie$ a.nd, cori:arat ons do b
?� .. ua Hetes with4i4 said
cit3y.
grantee of sa i d f
Section 4. That .the •
rUjQ4iAe, or hi'a,
assigns,, Ahalwl, wit.'in thi t
s, f r q4a t4,e dam o#' the c
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op. �s '�
4 o,.n
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to t,le City of Redlands tan telephones and connect the same
w i,t�h the to lephQn sy stag of said 'aYa e
ter
#f r . 4tain and kea the ,,saWe in 9Ao ., repair w4,
ing ardor during ties, ,term of said f 4Ach A0,, wi t4out e.xper e
or c iaar�e to the C'ty of.,Ra4la4ds,• sa 4 ten te,�ephone,0 ,to be
pla,csd in, Ruch Poli tion, and iu such public Qf X-i,oea, buildings
Or places, so the, Board of Tr zatee# of 0#4id City. rttay froze time
to ,tib rea+soxzablY .r@quire,, stud that, eA-4id, grantee, or his
4844gna, eiar*l].`, if req"red by said,. city, furnish and allow to
§.\ ,.. ,.,,.ta; >„,,,, "i.(T1..,.. ,, ,. ii};.; ..T.x.,3. .?,}fl'v ,>,,ti,.:%"1}i3#. {1 i ':• ,ti�} t 4.�y„ST{f i f{'1}"Zt Jiiy,Y}`1 4 21 3${�{,i'#ti*bt^' �C$� '`�""++Y�� 5��} y t
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it, during the terin of said franchise, the free use�cff four pins
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of the top cross-am of each of the poles erected, or maintained '
under a4i d franchise during the whole term t ere of, for the zJ t
purpose ,of carrying or stringing wires uved by amid city for
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police or fire-alarm purposes, provided, however, that said city*
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cross-mans comply with the reasonable plane and rules of the
said g7 aatee, or his assigns, so that there *hall be a minimum
and the wires
of danger of contact between, the said wires or cables of the
said X antee, kit or lis aesigaa.
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Section 5. That all telephone lines constructed or operated �(
under said franchise shall have full metallic circuits.
Section 6. That the rent or charge, for an unlimited, inde-
pendent, metallic circuit, telephone service in the system esta.b
fished or maintained under said franchise, shall. not exceed
t ix-t *nine ( 9 Dollars per annum for ahtelepl one inast led, ix
any business office or premiaeo within a radius of one and one-
half miles, from the intersection of Gentral Avenue and Qrarl6v ;
r
Street, and an additional charge not to. exceed six ( 6) dollars
per annum for each .additional mils or fraction thereof, and a
t�
charge not to exceed, Twenty-seven ($27)d*llars per annum for a
telephone installed in a private residence, for residence use, s
wi.tU4 a radius of one and one-half -miles from the intersection
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of Central Avenue and Orange street, and ara additional. ch aAge
not to exceed six ($6) dollraxe per annum for each addit ional stile
or fraction thereof ; provided, however, that an additional
G r, of t,siX %( l a .§fie .. yr«�e de Qn 411 # 4101-. y
o a$ . itnatal.la .wh�ra the _ etal nuwtOer, euvoO one th ousand, *rad
a further her =jd addi ti ona.l rkm- rge of ,.six ($6) do l.lar a por Annum,Ion
installed
all telep4onss yin like manner, on each a�dditi oral thouaw4 or
fraction thereof above, f ive hand,red« Any ; oubscritber who so
desires may at his awn expense, and paying the usual rate for
service, put in his own instrument and Yu*,ve the same connected
with the system inate,lled under this fraAchi.se.
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Section 7. That , except as hereinafter prcvided,/*( said
grantee, or his assiE7is, Bhall not, without the consent of the
City, evidenced by ordinance sell lease or transfer the poles t;
wires or applirtinces of any kind or description or sell, lease,
,4s#i jWi or trrnsfer any of the rights or privilegoo hersin
authorized or _;ranted, to an,.;t I,erson, company, trust, oreorpor-
ation, now or hereafter engaged in the telephone, telegraph,
district messenger or burglar alarm business, and shall not at
any time enter into any combination, directly or j-directly,
with any person or persons, or any corporation, concerning the
rate to be cilarged for telephone, telegraph, district messenger
or burgiar alarm services, and no officers, employees or mana-
gers of the telephone, telegraph, district messenger or burglar
alarm system, authorized under this franchise shall, at the same
ti..me be in czar e of or be officers employees ees or man.6era of �
any other telephone, telegraph, district rlessenger or burglar
alarm system constructed or Tieing operated in this city ; pro-
vided, however, that said grantee, or his assigns, my assign
thie franchise to a corporation ori, anizea by him or them under
the laws of the State of California, or some other State of the
United States, for the purpose of carrying on a general tele-
phone, telegraph, district messenger and burglar alarm business,
and of ownin„ constructing, maintaining and operating linea,
cables, wires and other electrical conductore, together with all
necessar t feeders, service wires and douse colkinect:t ons to be �
used for the transmission of Mounds, signals and intelligence by
means of electricity, in the City of Redlands. s�
And, provided, further, that the City of Redlands may , at
any time after the expiration of five years from the date of the
gran".. of this franchise, purchase all the telephone, telegraph,
district messenger and burgia,r alarm lines, property arid effects
4.COfIU''ructea or acquired in pursuance rrereof at an appraised
value to be ascertained by five competent, disinterested persons,
(5)
2.
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two of whom *ball be selected by the mayor or other chief
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executive off iter of said City, two 'by the owner of the `frac *0 5
chile, and one by the four so previoualy selected. ;
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Section B. That`. the grantee pf this franchise, or his ai i fp,
shall,V during the life of said franchise, pad to the City of.,
:, .. .2` 4€ s } I's,£; _ ,�. ` "�',di6 �* r�.dr'o:s ^.5"ns,.;2`�'je;+{trc;; ± � s r s,:
A, l.4Sr §: 1, 'a'.tah"V, d.a \yG t '?t:. �c ri d ,, x .i . y' `"s2.'4 t,;+
e� d* in "�.swf`l 'money' 'of" tha Vhited 'State$, tvo per tea t
of the gross annual receipts of such agFantee, or his assigns,
arising from the use, operation or possession of said franchiiee.
t, .. .. ,t.F „k'•' g r n. { t.,.i' .a i t+:....0 .. i .>� � .4. �" �4 ,. ,.a` b.Y,,,,
No percentage shall be paid for the first five Fyears succeeding
,
the date of the franchise, but thereafter such are shalla
be paid annually. .And itshallbe the duty of the grantee of
eaid franchise, or his ansigns, to file with the City< Clerk of
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Redlands, at the expiration of six years from the
tile City of Redl , �
date of the granting of said franchise, and at the expiration o'f =}r
and �;te,v� � � � a �<<
' .T-�... ;�: .. �i. 7 0.a':', h°,`; A114",
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each year Mreafter,� a statement, verif ied by the oath of said ,
; t a 44,
y,,., y/.; ... Lir f t,�a.�.:+ yy.y�
siding officer of said grantee, or his assigns, sbowijn�[`},� the
6
total gross receipts and gross earnings collected or received or
in any manner gained or derived by the said grantee or his
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assigns, during the ,r,ecedi ` ,. twelve months v from tele hone Y
telegraph, di strict messenger and burglar alarm charges and sic
rentals and frou t4e leasing or letting of lines or poles. And
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within ten days atter tr time of f iling, the aforesaid statement
i j i, v6 Ci {`a>
it "l be the duty of the said grantee, or his assigns, �to
3. a. . ,',' fk., %ab, "ter
to the City Treasurer of then City of edade the gate sum hq
t Y ! w
^ +T i Y k
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of,#she *sial per cent, $ upon the mount of the gxo"
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receipts arising from the use, operation or posses ion of said
franchise, determined and computed in the manner hereinbefore
provided. And any neglect, omission or refusal b the said
T_ 5 .., 4,
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grantee, or his assi,a , to file+ said verified statement, or to
is ff;a5t �.�.�,{i r �.•„,,,,tt ,. ' .l�,�`�r .a . ta.L� . t .<K'�� +«.. '�' i r '., S .
pay said percentage of said gross annual receipts, at the times
or in the manner hereinbefore provided, shall ipso facto, work
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a forfeiture of the franchise herein and
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f alb •i is thereuz►dero the Cityo of Redanda,. The grantee
s
fi d franchise,, or his, assigns daiLg buairiesa thereunder ,
41111 kelp full, true and correct books of account, .shgwing in
f 1
detail s.11 receipts of
r4oney orroert a $ from or out of
p , € r , �
, ` ""q.,
And ,bw.4144X alarm charges and rentals, or from any such eha.rses f
or rentals, or from the leasing or` letting 'sof lines or poles,
ti
which books of account, of ter the First" five years succeeding
the date of the franchise, shall at all tilms be open to inspect-
ion and examination by the. Board of Trustees of said City, or
any officer, agent or expert designated by :sad d Bpsrd for this `
purpose.
Section 9. That the granitoo of said franchise, or his assigns,
within five days after such franchise i's awarded, file
h the o d
wit ofes to
of t
42,
dity,mwith at least two good and sufficient sureties, to be
F approved by said Board of Trustees, in the penal sum of ten
t
thousand ($10,000) dollars, conditioned that said g-aptee, or
his assigns, shall expend the sum of money within the times,
respectively, and for the: purposes as is in Section 2 df tttt
this franchise , and that in case of any breach of �
condition of such bood,, the whole amount of the penal sum there-
in named shall be taken and deemed to be li uidated
damages and
eha l 4be,*reqosra le from thee..principe� and k�u�'+atlp�► .tepox� said
f bond, In case such bond shall not be filed the award of
such
1 f ranehi.see' shall be sot aside, and the same may be {f
Y granted to the
next highest bidder, or again offered for sale in the discretion ;
Y of the Board of Trustees.
Section 10. That any negledt, failure or refusal to comply withf
,
any of the terms, provisions or conditions of said franchise,
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X' shall thereupon, immediately, ipso facto, affect a forfeiture
thereof, and the said city, by its Board of Trustees, may there- !
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up-on declare said franchiae forf eited7 and my, exoiude said
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grantee, or h4a a i ,, from the fur#; r us* of the. streets,
F of said city i r maidd fro chile, and maid frS40hiea 54ali.
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