112Superior Court
County of Orange, State of California
..:.................. --
Plaintiff
vs
Defendant
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------------------------ ...
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MANCE NO. 1r2
_ Ya
we granting to the Sunset Telephone
�eaember,_189g.`---A. &�,cmwesper or _
Clerk of the City of Anaheim. It&jjh�,
a
AIWIDAVIT OF PUBLICATION.
State of California, j
)ss.
County of Orange, )
being duly sworn, deposes and says,
that he is a citizen of the United States, and at all the times
herein mentioned was over the age of twenty one years, that he is
the printer of the Anaheim Gazette, a weekly newspaper printed,
published and circulated in the City of Anaheim, County of Orange,
State of California, that the atmos Ordinance of which the an-
h�
nexed is a printed copy was publish d once in th said newspaper,
to -wit, on the`. y of .... .. ......I895.
-`19WOrn and' subscribed to before me this �.:.
day of January 1896.
Notary Public n and for Orange
County California.
ORDINUCE NO r 7
An Ordinance granting to the Sunset Telepl oac-
and Telegraph Company, its sueceep o:
zssigns, the right to place; erect and n rr.-
sin poles, wires and other conduetois cup
he transmission of electricity for telco, n,:
and telegraph purposes in and upo
streets, alleys and public highways or f n
ty of Anaheim, and to exercise the pr ; i
]ogre of opeAnahrating telephones thin the
City of
The Board of Teim. 2vrustees of the City of Anah, i a:
do ordain as follciws:
be .inn 1—The Board of Trustees of the
Ansreim hereby grants to the SunsetTeiepbniE
w and Telegraph Company, its successors and ga- AFFIDAVIT
III signs, the right and privilege to lay, erect, mail,
taro and operate in the atrgesn
is, alleys and pnf,iic
s hf;h;vays within the City of Anaheim, pus;�s,
wli'e.S Rad other conductors, for the trans misst prI
Of electricity for telephone and telegraph pur
Poses', such right and privilege to be upon the
terms and conditions hereinafter contained,
eCtfO h wires or conductors shall be
oles or other fixtures e bove al i fo rni a,
rid i a wot>pmanlike and proper man ser.
Il be erected at the edge of the
fq city in a good and substazt al
of d eilall be kept painted. The 1 seri) y.
of the city of Anaheim shall hat e ttu y of Orange,
e,
a ri lit se said grantee to move the location
oirny pole or poles wheneversaid Boar
€ Tru tees shall determine that the publvewelleshall ic
f ° e]sewhere Ithe expet he of lSuccho emova11 0 ll to
pair by said grantee.
All poles, lines, wires or conductors or r
change in the location or the extension there,
shall be under the direction of the superd
„- d-
ent o. Streets of the city of Anaheim —��—
All poles erected on Center street and ail �1efi
ierected on Los Angeles street, betiveelt 1�' '
more street and Santa Ana street;' under die f`
terms of this franehise, shalt be not less .i. i,. t 3z' ®n o. the
thirty feet in height, and all poles erected
ohjSe Say street, under the terms of this i;sn
criise, shall be not less than twenty-two feet it
height
OF PUBLICATION.
_ being duly sworn, deposes and says,
United States, and at all the times
8ectiOn$—Saidgrantee or assigns may 1;,..d was Over the age of twenty oneyears,that he is
all necessary excavations fn any of said str er;,
alleys or public highways for the id stro, of
erecting and maintaining poles or other
fur ,said wires or conductors or repairing Tic the Anaheim Gazette, a week)
Sallie. and said work shall be done in compliance y newspaper printed,
with therules, regulations, ordinances ur or ,e.
which may during the continuance s the
chile, be adopted from time to time by the Board Z rCulat
Of 7rugtees of the city of Anaheim, and the sa,Lrc, e in the City o f Anaheim, County Of Orange,
shall be don(, to the satisfaction of the Board .,
TrL,Aeas of the city of Anaheim; said
Wires and conductors shall be placed and pm ,�s'
` tafnPd
So as not to interfere with travel on said rni a, that the nalKizyg
highways, and saiel grantee or assigns shall herd
the acid City of Anaheim free and harmless nor
all dan:ag.s arising by reason of any abus,: �„
said privileges by said grantee, its successors or
assigns. ,t ed copy til$
8.rtiou 4—Nothing in this ordinance shall be
construed as in any WRY to prevent the plot r
authorities of the said city of Anaheim fr6a Bess•_ l
erinpr, grading, paving, repairing or altering a • " .
of said Streets, alleys or highways menit01 da 'V
exrei 11. chlsice,ianr thefuse Board erein of Tru tees of thhall e dai 1
likcite rigtof way toaheim anyBthe other to telegraph r tele-
phone company, the same however not to iuter-
fere with the reasonable and proper exercise of
the privileges herein granted,
Section 5—In consfderationof the rights here`-,
granted the City Of Anaheini shall have the rf-ht
OOrmaintain upon the nnlaN.an ;,
Ordinance of !which the an -
s publish d once in th said newspaper,
of >
...: Y.. ......I895.
q.Il wires which Baia C1ul
alarm and police telegraph
grantce,ji is successors and asslgnS,shailand ai_ ri b Qd to before p t21 e this
furnish for the said city of Anaheim the us`:ot v�
its poles for the attachment thereto of its
..
ata^m ,for
and its Said wires without a?:y C89�
cherge to the said city of Anaheim.
Section 6—The rights, privileges and
chi es herein granted shall continue and t
force for a period of twenty-five (2-5) years fro 1
and e.
after the passage of this otdgrantee,
it
S;,ctio11 r should said grantee, its11',c-
-That
ce 4,ors or assigns, cease or fail to maintain a '9Y
.,erste a tel exchange in said cit,o3 ,'y Publi c in and for Orange
Anaheim• then said grantee, its successors o s-
l signs, shall remove said lines, wires, condut of
( and poles from the streets, alleys and Pill
city within sitxpy
County California.
highways of said days from the
datethatsaid grantee. its successors or assigns
eerie or fail to maintain and operate ateleph ,PC -
exchange in said city.
Svetion8—Iu consideration of the rights tied
s R pace an maintain ,'r
good working order one telephone in the City
Hall of the city of Anaheim at such place ag the
Board of Trustees of the city of Anaheim r,ey
designate during all the time that the rights n, ci
privileges granted by this ordinance shall i,e
in force; service is to be given in couueet;,:"
with thejsame with any and all other subscrib-
ers located within the said city of Anaheim,
may hereafter be connected with the Anahciui.
exchange without any charge for such use;
city of Anaheim to have the same rates as other
Subscribers when communication is had wi' h
Points outside of said city.
Section 9—Should the said grantee fail to craft
and put Fri operation the necessary poles, tele- :
phone exchange, fixtures and wiras necessary h,r
the pi!.rpose of supplying the citizens of the cit v
of Anaheim and to the public communication tiv
telephone within six months from the passag`e
of this; ordinance,then,in thatevent,all tiie ril:as :
and privileges granted to said grantee, its sup
cesscrs or assigns, shall be forfeited, and tuis
gran'shall be null and void; should Bald grai?ce,
its successors or assigns, fail, neglect or refuse to
comply with any provision contained in this ,:-
dhisnce then, in that event, all the iights and
iip,lvifegesgranted tosaid grantee, its success -s
or assigns shall be forfeited and this grantstiali
city neem JULUS nK OLIU!_ .--
5ubszribers when communication is had wi-
points outside of said city.
Section 9—Should the said grantee fail to erect
and put in operation the necessary poles, te!o-
phona exchange, fixtures and wiras necessary ;,,r
the purpose of supplying the citizens of the e:f v
of Anaheim and tothe public communication b;
telephone within: six months from the paaaa;e
of this ordinance, then,in that event,all the rf;:us
and privileges granted to said grantee, its s:
a:.
cesscrs or assigns, shall be forfeited, and t'ais
-raur shalt be null and void; should said gran!c:r.
its sc.ccessors or assigns, fail, neglect or refu.4e to
,comply with any provision contained iii this
dit ince then, in that event, all the tights aud_
privileges granted to said grantee, its success—
or assigns shall be forfeited and this grant, shall
be at1l and void.
Section 10—The City Clerk shall certify to tf:;
passage of this ordinance and cause the sari^
be published once in the ANax$ix GAZETTE:,
ne'wa )aper published and eiroulated in the city
ad QFgt4na 11—Thh ordfaases @hall lake, a$ect
IMM 7is to full folie f»n and after Reyasoago
and the filing by said grantee an unconditional
teceptance thereof in the office of the Cleri: of
rhe city of Anaheim. C. O, RUST.
President of the Board of Trustees of the Cite- of
Anaheim.
I hereby certify that the foregoing ordina :ce
was introduced at a meeting of the Board ,f
Trustees of the City of Anaheim, held on the
day of November, 1895; that it was duly pae .gid
and adopted at a regular meeting of the Iica;d
of Trustees of the City of Anaheim, held on t7:e
10th day of December, 1895,by the following vn! e:
Ayes—Trustees Rust, Lewis, Helmsen, and Yh•-
Williams.
That the President of the Board of Trustee: o;
the City of Anaheim signed the same on the 13tH
flay of December, 189;, M. NEBELUNG,
Clerk of the City of Anaheim.
ORDINANCE NUMBER II2.
An Ordinance granting to the Sunset Telephone and Telegrapiv
Company its sucessor or assigns, the right to place erect and
maintain poles, wires and other conductors for the transmission
of electricity for telephone and telegraph purposes in and upon
the streets, alleys and public highways of the City of Anaheim,
and to exaercise the privilege of operating telephones within the
said City of Anaheim.
The Board of Trustees of the City of Anaheim do ordain as
follows:
Section, 1 ----The Board of Trustees of the City of Anaheim
hereby grants to the Sunset Telephone and Telegraph Company its
successors and assigns, the right and privilege to lay, erect
maintain and operate in the streets, alleys and public highways
within the City; of Anaheim, poles, wires and other conductors, �'or
the transmissions of electricity for telephone and telegraph pux
es, such right and privilege to be upon the terms and Condit#dna
hereinafter contained;
Section 2, ----Such wires or conductors shall be stretched
upon poles or other fixtures iax&xx&xkmxK1rkkzxxx* above ground in
a workmanlike and proper manner, said poles shall be erected at
the edge Qf the sidewalks in said city in a good and substantial
manner and shall be kept painted; The Board of Trustees of the
City of Anaheim, shall have the right to cause said grantee to
move the location of any pole or poles whenever said Board of
Trustees shall determine that the public convenience shal-l'r!e"re
I
r
the locatio,: of, the same elsewhere, the expense of such rpval to
be paid by said grantee;
All poles, lines, wires or conductors or any change in the
location or the extension thereof, shall be under the direction
of the Superintendent of Streets of the City of Anaheim;
a
Los Angeles Street, between Sycamore Street and Santa Ana Street,
under the terms of this franchise shall be not less than thirty
feet in height, and all poles erected on Broadway Street under
the teras of this franchise shall be not less than twenty two feet
in height;
Section93----Said grantee or assigns may make all necessary
excavations in any of said streets, alleys or public highways, for
the purpose of erecting and maintaining poles or other supports
for said wires or conductors or repairing the same and said work
shall be done in compliance with the rules, regulations, ordinances
or orders which may . during the continuance of the franchise be
adopted. time to time by the Board of Trustees of the City of
Anaheim,and the same shall be done to the satisfaction of thaw
Board -of Trustees of the City of Anaheim; Said poles,, -wires and
Asx_
conductors shall be placed and maintained so as not to interfere
with travel on said highways, and said grantee or assigns, shall
hold the said City of Anaheim free and harmless for all damages
arising by reason of any abuse of said privileges by said grantee
its succeesp rs or assigns;
Section4, ---- Nothing in this ordinance shall be construed as
in any way to prevent the proper authorities of the said City of
Anaheim, from severing, grading, paving, repairing or altering
any of said streets, alleys or highways mentioned herein; The
right of use herein given shall not be exclusive, and the Board
of Trustees 6t the said City of Anaheim,reservee the power to grant
a like right' Itay to any other telegraph or telephone Company,
the same howeveO not to interfere with the reasonable and proper
exercise of the privileges herein granted;
Section 5---- In consideration of the rights herein granted
the said City
of Anaheim,
shall have the right
to suspend
and main-
tain upon the
poles placed
by said grantee its
successors
or assign$
in the streets and public highways aforesaid, any and all wires
which said City may require for Fire Alarm and Police telegraph
service and said grantee its successors and assigns shall and will
furnish for the said City of Anaheim, the use of its poles for the
attachment thereto of its fire alarm boxes and its said wires
without any charge to the said City.of Anaheim;
Section.6----The rights, privileges and franchises herein
granted shall continue and be in force for a period of twenty five
(25) years from and after the passage of this ordinance;
_-d, !,I
Section 7, ----That should^grantee its successors or assigns
tease or fail to maintain and operate a telephone exchange in
said City of Anaheim, then said grantee its successors or assigns
shall remove said lines, wires, conductors and poles from the
streets, alleys and public highways of said City within sixty days
from the date that. sai`cl `grange, its successors or assigns"cease
or fail to maintain and operate,:,;" a telephone exchange in said City;
Section 8, ----In consideration of the rights and privileges.
herein granted, the said grantee, its successors or assigns, shall
place an& maintain in good working order, one telephone in the
City Hall of the City of Anaheim, at such place as the 'Board of
Trustees of the City of Anaheim may designate, during all the time
that the rights and privileges granted by this ordinance shall be
in force; Service is to be given in connection with the same
with any and' all other subscribers located within the said City of
Anaheim,that may be hereafter be connected with the Anaheim Bxchang?_
without any charge for such use; said City of Anaheim, to have
the same rates' other subscribers when communication is had
with points outside of said City;
Section 9, ----Should the said grantee fail to erect and put
In operation the necessary poles, telephone exchange, fixtures and
wires necessary for the purpose of supplying the citizens of the
City of Anaheim, and to the public communication by telephone, with-
in six months, from the passage of this ordinance then in that
event all the rights and privileges granted to said grantee its
successors or assigns, shall be forfeited, and this grant shall be
null and void; Should said grantee, its successors or assigns•°
fail., 4eglect, or refuse to comply with any provision contained
in this ordinance then in that event, all the rights and privileges
granted to said grantee, its successors or assigns shall be for-
feited ,and this grant shall be null and void;
Section 10, ----The City Clerk shall 'certify to the passage
of this ordinance and cause the same to be published once in the
a newspaper published and circu-
lated in the City of Anaheim;
ordinance shall take affect and his in
full force from and after its passage and the filing by said
grantee„an unconditional acceptance ,thereof in the office of the
Clw* of the City of Anaheim.
Preeiden1o th Board of Trustees
of the City of Anaheim.
I hereby certify, that the foregoing ordinance was introduced
at a meeting of the Board of Trustees of the City of Anaheim,held
on the _ day of November 1-895, that it was duly passed and
adopted at a regular meeting of the Board of Trustees of the City
4 of Anaheim held on the .Q. day of December 1895 by the foil
Trust
,.
g vote, Ayes: ees
r ���
M
0
----------------------------------
That the President of the Board of Trustees of the City Of
Anaheim, signed the same on the day of December 1895.
Clerk of the City of Anah0me