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IN THE
<br />Superior (court
<br />OF THE
<br />STATE OF CALIFORNIA
<br />In and for the County of Orange
<br />Notice of Sale of Telephone and
<br />Telegra.)h Franchise.
<br />------------- ------ ------------------------ --•------- --------------- ------
<br />State of California ss.
<br />County of Orange
<br />W. Lee Millis
<br />of the said County, being duly sworn, deposes and says:
<br />That ...he is and at all times herein mentioned was a
<br />citizen of the United States, over the age of twenty -one
<br />years, and that ...he is not a party to, nor interested in
<br />the above entitled matter; that ...he is the principal
<br />clerk of the publisher and proprietor of the Santa Ana
<br />Daily Evening Register, a newspaper of general circula-
<br />tion, printed and published daily in said county and
<br />which newspaper is published for the dissemination of
<br />local news and intelligence of a general character, and
<br />which newspaper at all times herein mentioned had and
<br />still has a bona fide subscription list of paying sub-
<br />scribers, and which newspaper has been established,
<br />printed and published in the Said County of Orange for
<br />a period exceeding one year; that the notice, of which
<br />the annexed is a printed copy, has been published in
<br />the regular and entire issue of said newspaper, and not
<br />in any supplement thereof, on the following dates, to -wit:
<br />July 26- 27- 28 -29 -30 and- August
<br />1- 2 -3 -4-5 -1932 Ok_
<br />�v
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<br />-------------------- -------- -,f /,� = /,,,,�`
<br />Subscribed and sworn to before me this
<br />Jr t rday of - - -• ,, us 193.2'
<br />otar ublic in and for s o ty and State
<br />Affidavit of Publication
<br />NOTICE OF SALE OF TELEPHONE
<br />ernmental autho
<br />AND TELEG RAPH FRANCHISE
<br />tion in -thg prey
<br />Where -not in
<br />Office of the City Clerk of Santa
<br />state law or the
<br />Ana, California.
<br />road Commission
<br />TO WHOM IT MAY CONCERN:
<br />Ing jurisdiction
<br />Notice is nereby given that an
<br />said poles and
<br />application has been made to the
<br />placed and sail
<br />City Council of the City of Santa
<br />constructed in ;
<br />Ana, California for a certain fran=
<br />reasonable regub
<br />chise granting the right, for the
<br />Santa Ana aeti
<br />period of fifty (50) years, to mail'-
<br />powers.
<br />Lain, conduct and carry on a general
<br />That whenever
<br />telephone and telegraph business,
<br />to temporarily re,
<br />and in connection therewith, and for
<br />er or raise the a
<br />the purposes thereof, to construct,
<br />or other apparati
<br />erect, install, maintain and operate
<br />the crossing the
<br />a system and plant for the trans-
<br />thereof by any b
<br />mission of sound, signals, conversa-
<br />other object or
<br />tions" and intelligence by means of
<br />shall temporarily
<br />electricity, in, over, along and un-
<br />lower or raise it
<br />der the streets, alleys and public
<br />duits, or other ,
<br />places as now existing and hereafter
<br />cessities of the
<br />established of said City of Santa
<br />VIDED, HOWE'
<br />Ana, together with certain appur-
<br />son or persons
<br />tenant and incidental rights as here-
<br />any such buildi
<br />inafter mentioned.
<br />other object o:
<br />It is hereby proposed by said City
<br />work shall as
<br />Council to offer for sale and to grant
<br />the grantee hen
<br />and award to the highest .bidder the
<br />rearranging, rerr
<br />said franchise on the terms and
<br />raising, and shal
<br />conditions herein contained, and this
<br />moving or work,
<br />notice is the notice required by law
<br />grantee cash or
<br />to be given, and said franchise shall
<br />bond to pay suc
<br />have the following terms. and con-
<br />by said grantee,
<br />ditions, and shall be " and is de-
<br />persons shall Ind
<br />scribed as follows, to -wit:
<br />save grantee free
<br />A franchise for the term of fifty
<br />from any and al
<br />(50) years, and during the whole
<br />of whatever kind
<br />thereof, to maintain, conduct and
<br />consequential, ca
<br />carry on a general telephone and
<br />directly by such
<br />telegraph business, and, in connec-
<br />work and /or by I
<br />tion therewith and for the purposes
<br />Ing, altering or
<br />thereof:
<br />wires, cables, con
<br />To construct, erect, Install, main-
<br />atus so as to per
<br />Lain and operate a system and plant
<br />passage or work.
<br />for the transmission of sound, slg-
<br />That said gran
<br />nals, conversations and intelligence
<br />less than five (5;
<br />by " means of electricity, in, over,
<br />by the person of
<br />along and under the streets, alleys
<br />accomplish such 4
<br />and public places as now existing
<br />work, or of his c
<br />and as hereafter established, of said
<br />do, which notice
<br />City of, Santa ,Ana; and,
<br />of movement of
<br />To Install, erect, and maintain
<br />chinery or othe:
<br />poles and pole lines (with or with-
<br />scribe such work
<br />out cross -arms or brackets), and ap-
<br />hin the ream
<br />pliances in, over and along, and to
<br />lowering or raisli
<br />build conduits, (with man holes)
<br />and said notice i
<br />and make the excavations necessary
<br />by a cash depos
<br />and proper therefor, in and under,
<br />Posting with said
<br />said streets, alleys and Public places,
<br />sufficient, bond t
<br />and to string, Install, maintain
<br />aforesaid, and s
<br />and operate wires, cables and
<br />matters therein
<br />other appliances and conductors on
<br />shall bear the a
<br />such poles and in such conduits and
<br />or such official ,
<br />man holes. Such wires and other
<br />City may design,
<br />appliances and conductors shall be
<br />said building, ma
<br />either strung on poles and other fix.
<br />ject, and/or the
<br />tures above ground, or, at the op-
<br />the route taken a
<br />tion of the grantee, its successors
<br />doing such work
<br />and assigns, laid underground in
<br />notice specified, a
<br />pipes or conduits, or otherwise pro-
<br />or work shall be
<br />tected.
<br />much speed as p,
<br />Nothing in said franchise con-
<br />unnecessarily int
<br />tained shall prevent, interrupt or in-
<br />telephone or of
<br />terfere with interstate communica-
<br />grantee, or cause
<br />tions or interstate commerce.
<br />essary expense. 1
<br />That the grantee of said franchise
<br />ruptiun of servic
<br />and its assigns shall pay annually
<br />in accordance wit
<br />to the said City of Santa Ana, dur-
<br />tions as said Cit
<br />in g the life of said franchise two
<br />prescribe.
<br />(2 %I per cent of the .ross annual
<br />Notice is also
<br />receipts arising from r.s use oper•
<br />sealed bids in wr
<br />ation or possession, and if said pay-
<br />for said franchis
<br />went is not made, said franchise
<br />in behalf of said
<br />shall be forfeited.
<br />P. M„ on the 291
<br />That in consideration of the rights
<br />1932, and that a,
<br />and privileges granted by said fran-
<br />struck off, sold
<br />chise, the grantee thereof, its suc-
<br />person, firm or c
<br />cessors and assigns, shall grant to
<br />matte the highes
<br />the city during the life of said fran-
<br />provided, only t
<br />chise, the right and privilege to
<br />the Opening .
<br />place and maintain, where. aerial
<br />will be open t
<br />construction exists, a fixture on the
<br />said hour and da:
<br />top of poles erected and maintained
<br />the City Council)
<br />by said grantee under this fran-
<br />son, firm or corn
<br />sh13e.--_- to:- whieal may be attached
<br />represented may t
<br />wires, not exceeding four (4), or in
<br />a sum not less tb
<br />lieu thereof, at the opitOn - -.of the
<br />the highest bid
<br />grantee. to place and maintain wires;
<br />id bid so made
<br />not exceeding four (4), on pins on
<br />lea than 10 per c
<br />the top crossarms of such poles
<br />where said .facilities are available;
<br />sponsiblb bidder;
<br />may o continue
<br />and where underground conduit ex-
<br />franchise shall be
<br />ists, the said grantee, its succes-
<br />awarded by said
<br />sors and assigns, shall furnish said
<br />Highest bidder t]
<br />City of Santa Ana with one duct in
<br />of the United Sta
<br />its underground system excluding pipe
<br />shall be accompa
<br />or other conduit dips connecting one
<br />certified Check p;
<br />pole with another, or two pairs of
<br />urer of said City
<br />wires in underground cable, free of
<br />of said bid, and
<br />charge to said city, to be used for
<br />be considered un]
<br />iow tension, police and fire alarm
<br />certified check is
<br />purposes, it being understood that it
<br />and the successfu
<br />shall be optional with the grantee as
<br />at least 10 per ci
<br />to whether two pairs of wires shall
<br />his bid with the
<br />be given or a duct in the under-
<br />before the franc
<br />ground system.
<br />off to him, and
<br />PROVIDED, however, that said
<br />make such depos
<br />City of Santa Ana shall, in its use
<br />and in that evens
<br />and maintenance- of such fixtures,
<br />received, and she
<br />wires or ducts, comply with the rea-
<br />void, and said fr
<br />sonable plans and rules of the
<br />there be again of
<br />grantee, its successors and assigns,
<br />bidder who shal
<br />so that there may be a minimum
<br />cash bid therefor,
<br />danger of contact between its fix -
<br />conditions as to d
<br />tures, wires and ducts, and the fix-
<br />tioned. Said prod
<br />tures, wires, cables or ducts of the
<br />tit said franchise
<br />grantee, its successors and assigns;
<br />awarded by said
<br />nor shall the wires of the City of
<br />'exposed
<br />der who shall ma
<br />Santa Ana be unduly to
<br />Posit of at least
<br />foreign electrical current in excess
<br />amount of his bi
<br />of five thousand (5,000). volts; AND
<br />PROVIDED, further, that in case of
<br />provided. Said s
<br />rearrangement of said plant, the
<br />deposit with the
<br />Santa Ana, withi
<br />City of Santa Ana will at its own
<br />expense, care for its own fixtures;
<br />of the acceptanc4
<br />wires and construction, and said
<br />maining 90 per c
<br />thereof, and in
<br />grantee, Its successors. and assigns,
<br />assumes no liability whatsoever,
<br />fail to do so, tt
<br />either to said city or to any person,
<br />theretofore made
<br />and the said awe
<br />firm or corporation whatsoever, for
<br />any damage. or claim of any kind
<br />shall be void, an
<br />arising out of the construction,
<br />shall then and th
<br />Council be again
<br />maintenance, operation, removal or
<br />presence of the equipment herein
<br />the highest biddi
<br />described and to be used by the
<br />same manner and
<br />City solely in maintaining the ef-
<br />strictions as he:
<br />ficiency of its fire alarm system and
<br />and in case said
<br />police force.
<br />deposit with the i
<br />That said' grantee, and its suc-
<br />remaining 90 per
<br />cessors and assigns, shall, for the
<br />in 24 hours after
<br />term of said franchise, and without
<br />award to him of
<br />charge therefor, furnish to the City
<br />be set aside, and
<br />of Santa Ana, twelve (12) individual
<br />fore made by hirr.
<br />line desk set telephones, or the
<br />and no further I
<br />equivalent thereof, in exchange ser-
<br />sale of said fr&
<br />vice at the filed and authorized
<br />unless the same
<br />rates.
<br />and again offered
<br />That said franchise is not exclu-
<br />nor herefnbefore
<br />sive.
<br />Notice is also h
<br />That all the terms and conditions
<br />grantee of said P
<br />of said franchise 'shall bind and be
<br />In five (5) days a
<br />binding on each and every assignee.
<br />said francise, file
<br />holder and owner of the same, and
<br />a bond running t
<br />on each and every person, firm
<br />Ana, in the Pena
<br />and /or corporation lessee of any of
<br />sand Dollars ($1,,
<br />its privileges.
<br />two good and suf,
<br />All .construction work shall be of
<br />approved by the
<br />that standard required by the state
<br />conditioned that
<br />law and the orders of the Railroad
<br />grantee shall we
<br />Commission of the State of Calf-
<br />and fulfill and per
<br />fornia, or any other body or gov-
<br />term and conditli
<br />
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