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Home My WebLink AboutFranchises 1913-1934MEMORANDUM To: _ File From: _ Subject Deanna Clark Franchises: Retention of ' Eii, Date 12/17/86 CA 130 Franchise files will be retained indefinately. Ina lot of instances, particularly with the railroad franchises, it is not readily possible to determine if the franchise is in effect. IL ORDINANCE NO. 1069 ORDINANCE GRANTING TO SOUTHERN CALIFORNIA EDISON COMPANY, LTD., ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO USE, FOR TRANSMITTING AND DISTRIBUTING ELECTRICITY AND ELECTRICAL ENERGY WITHIN THE CITY OF SANTA ANA, FOR ANY AND ALL PURPOSES OTHER THAN THOSE AUTHORIZED UNDER SECTION 19 OF ARTICLE XI OF THE CON - STITUTION OF THE STATE OF CALIFORNIA AS SAID SECTION EXISTED PRIOR TO ITS AMENDMENT ON OCTOBER 10, 1911, ALL POLES, WIRES, CONDUITS AND APPURTENANCES WHICH ARE NOW OR MAY HERE- AFTER BE LAWFULLY PLACED IN THE PUBLIC STREETS, ALLEYS, WAYS AND PLACES WITHIN SAID CITY AND TO CONSTRUCT AND USE IN SAID PUBLIC STREETS, ALLEYS, WAYS AND PLACES ALL POLES, WIRES, CONDUITS AND APPURTENANCES NECESSARY OR PROPER FOR SAID PURPOSES. THE CITY COUNCIL OF THE CITY OF SANTA ANA DO ORDAIN AS FOLLCINS: SECTION 1: Whenever in this ordinance the words or phrases hereinafter in this section defined are used, they shall have the respective meanings assigned to them in the following definitions (unless, in the given instance, the context wherein they are used shall clearly import a different meaning): (a) The word "grantee" shall mean the corporation to which the fr contemplated in this ordinance is granted and its lawful successors or assigns; (b) The word "City" shall mean the City of Santa Ana, a Municipal Corporation of the State of California, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form; (c) The word "streets" shall mean the public streets, ways, alleys and places as the same now are or may hereafter exist within said City; (d) The phrase "poles, wires, conduits and appurtenances" shall mean poles, towers, crossarms, conduits, cables, wires, service wires, guy- wires, vaults, manholes, appliances, attachments, appurtenances and any other property located, or to be located, in, upon, along, across, under or over the streets of the city and used or useful in the transmitting and /or distributing of electricity and electrical energy. (e) The phrase "construct and use" shall mean to lay, construct, erect, Install, operate, maintain, use, repair or replace. (f) The phrase "constitutional franchise" shall mean the right acquired through acceptance by said grantee or its predecessor in estate of the offer contained in the provisions of Section 19 of Article XI of the Constitution of the State of California, as said section existed prior to its amendment on October 10, 1911, and now owned by said grantee, which entitles it to use the public streets and thoroughfares of said city for introducing and supplying such city and its inhabitants with illuminating light. SECTION 2: A franchise (a) to use, for transmitting and distributing electricity within the City of Santa Ana for any and all purposes not included in said constitutional franchise, all poles, wires, conduits and appurtenances, which are now or may hereafter be lawfully placed on, in or under the streets within said city, and (b) to construct and use in said streets, all poles, wires, conduits and appurtenances necessary or proper for said purposes, is hereby granted to Southern California Edison Company, Ltd., upon the terms and conditions set forth in the Franchise Act of 1937. l l Il F F* SECTION 3: Said franchise shall be indeterminate, that is to say, said franchise shall endure in full force and effect until the same shall, with the consent of the Railroad Commission of the State of California, be voluntarily surrendered or abandoned by the possessor thereof, or until the State or some municipal or public corporation thereunto duly authorized by law shall purchase by voluntary agreement or shall condemn and take under the power of eminent domain, all property actually used and useful in the exercise of said franchise and situate in the territorial limits of the state, municipal or public corporation purchasing or dondemning such property, or until said franchise shall be forfeited for noncompliance with its terms by the possessor thereof. SECTION 4: The grantee of said Franchise shall, during the term hereof, pay to said city, during the life of the franchise a sum annually which shall be equivalent to two percent (2%) of the gross annual receipts of said grantee arising from the use, operation or possession of said franchise; provided, however, that such payment shall in no event be less than a sum which shall be equivalent to one -half per cent (1/2 %) of the gross annual receipts derived by grantee from the sale of electricity within the limits of such city under said franchise and said constitutional franchise. SECTION 5: The grantee hereof shall file with the City Clerk of the City of Santa Ana, within three (3) months after the expiration of the calendar year, or. fractional calendar year, following the date of the granting of this franchise, and within three (3) months after the expiration of each and every calendar year thereafter, a duly verified statement showing in detail the total gross receipts of said grantee, its successors or assigns, during the preceding calendar year, or such fractional calendar year, from the sale of the utility service for which this franchise is granted and from said Constitutional franchise. It shall be the duty of the grantee to pay to the City of Santa Ana within fifteen (15) days after the time for filing said state- ment, in lawful money of the United States, the specified percentage of its gross receipts for the calendar year, or such fractional calendar year, covered by said statement. Any neglect, omission or refusal of said grantee to file said verified statement, or to pay said percentage at the times or in the manner hereitlbefore pr shall be &rftn.de for the declaration of a forfeiture of this franchise and of all rights hereunder. SECTION 6: This ordinance is granted under and in accordance with provisions) of said Franchise Act of.1937. SECTION 7: This grant is made in lied of all other franehiseq, rights, or privileges owned by the grantee, or by any successor of, the grantee to any rights under this franchise, for transmitting and distributing electricity f6r all purposes not included in said constitutional f ranchise.within the limits of the City, as said limits!, now or may hereafter exist, and the acceptance of the franchise hereby granted shall operate as an abandonment of all such other franchises, rights and privileges within the limits of this City, as such limits now or may hereafter exist, in lieu of which this franchise is granted. SECTION S: The franchise granted hereunder shall not become effective until written acceptance thereof shall have been filed by the grantee thereof with the Clerk of the City. When so filed, such acceptance shall constitute a continuing agreement of the grantee that if and when the City shall thereafter annex or consolidate with, 629 0 r 1 additional territory, any and all franchise rights and privileges owned by the grantee therein, except the franchise derived under the aforesaid Constitutional provision, shall likewise be deemed to be abandoned within the limits of such territory. SECTION 9: The franchise granted hereunder shall not in any way or to any extent impair or affect the right of the said City to acquire the property of the grantee hereof either by purchase or through the exercise of the right of eminent domain, and nothing herein contained shall be construed to contract away or to modify or abridge, either for a term or in perpetuity, the City's right of eminent domain in respect to the grantee or any public utility. Nor shall this franchise ever be given any value before any court or other public authority in any proceeding of any character in excess of the cost to the grantee of the necessary publication and any other sum paid by it to the City therefor at the time of the acquisition thereof. SECTION 10: The grantee of this franchise shall file a bond, running to the said City, with at least two good and sufficient sureties, to be approved by the legislative body thereof, in a penal sum of $1000.00 conditioned that the grantee shall well and truly observe, fulfill and perform each and every term and condition of this franchise, and that in case of any breach of condition of said bond, the whole amount of the penal sum therein named shall be taken and deemed to be liquidated damages and shall be recoverable from the principal and sureties upon said bond. Skid bond shall be filed with the legislative body of said City within five (5) days after the date of the granting of this franchis and in case said bond shallnot be so filed, or shall not receive the approval of the legislative body, this franchise shall be forfeited and ady money paid to the City in connection therewith shall likewise be forfeited. SECTION 11: The grantee of this franchise shall (a) construct, install and maintain all poles, wires, conduits and appurtenances in accordance with and in conformity with all of the ordinances, rules and regulations heretofore or hereafter adopted by the legislative body of this City in the exercise of its police powers and not in conflict with the paramount authority of the State of California, and, as to State highways, subject to the provisions of general laws relating to the location and maintenanc of such facilities; (b) pay to the City, on demand, the cost of all repairs to public property made necessary by any operations of the grantee under this franchise; (c) indemnify and hold harmless the City and its officers from any and all liability for damages proximately resulting from any operations under this franchise; (d) remove or relocate, without expense to the City, any facilities installed, used and maintained under this franchise if and when made necessary by any lawful change of grade, alignment or width of any public street, way, alle or place, including the construction of any subway or viaduct by the City; and (e) file with the legislative body of the City within thirty (30) days after any sale, transfer, assignment or lease of this franchise, or any part thereof, or of any of the rights of privileges granted thereby, written evidence l 11 1 r r CI X31 -of the sane, certified thereto by the grantee or its duly authorized officers. SECTION 12: The Engineer shall have power to give the grantee such directions for the location of any and all poles, wires, conduits and appurtenances as may be reasonably necessary to avoid sewers, water pipes, conduits or other structures lawfully in or under the streets; and before the work of constructing any and all poles, wires, conduits and appurtenances is commenced, the grantee shall file with said Engineer plans showing the location thereof, which shall be subject to the approval of said Engineer .{such approval not to be unreasonably withheld); and all such construction shall be subject to the inspection of skid Engineer and done to his reasonable satisfaction. All street coverings or openings of traps, v wilts, and manholes shall at all times be kept flush with the surface of the streets; provided, however, that vents for under- ground traps, vaults and manholes may extend above the surface of the streets when said vents are located in parkways, between the curb and the property line. Where it is necessary to lay any underground pipes or conduits through, udder or across any portion of a paved or macadamized street, the same, where practicable and economically reasonable shall be done.by a tunnel or bore, so as not to disturb the foundation of such paved or macadamized street; and in the event that the same cannot be so done, such work shall be done under a permit to be granted by the Engineer upon application therefor. SECTION 13: If any portion of any street shallL be damaged by reason of defects in any of the poles, wires, conduits and appurtenances maintained or constructed under this grant, or by reason of any other cause arising from the operation or existene, of any poles, wires, conduits and appurtenances constructed or maintained under this grant, said grantee shall, at its own cost and expense, immediately repair any such damage and restore such street, or portion of street, to as good a condition as existed before such defect or other cause of damage occurred, such Mork to be done under the direction of the Engineer, and to his reasonable satisfaction. SECTION 14; (a) If the grantee of this franchise shall fail, neglect or refuse to comply with any of the provisions or conditions hereof, and shall not, within ten (10) days after written demand for compliance, begin the work of compliance, or after such beginning shall not prosecute the same with due diligence to completion, then the City by its legislative body, may declare this franchise forfeited. (b) The City may sue in its own name for the forfeiture of this franchise, in the event of non - compliance by the grantee, its successors or assigns, with any of the conditions thereof. SECTION 15: The grantee of this franchise shall pay to said City a sum of money sufficient to reimburse it for all publication expenses incurred by it in connect- ion with the granting of this franchise; such payment to be made within thirty (30) days after the City shall furnish such grantee with a written statement of such expenses SECTION 16: Within ten (10) days after the passage and publication of this ordinance, the grantee shall file with the City Clerk a written acceptance of the franchise hereby granted, and an agreement to comply with the terms and conditions heree SECTION 17: The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published in three consecutive issues of the SANTA ANA DAILY EVENING REGISTER, a daily newspaper printed, published and circulated in the City 13 of Santa Ana, and hereby designated for that purpose. This ordinance shall take effect and be in force thirty (30) days thereafter. PASSED AND ADOPTED by the Council of the City of Santa Ana at its regular meeting held on the 17th day of October, 1938. Fred C. Rowland ATTEST: Mayor E. L. V® el My cleric (SEAL). STATE OF CALIFORNIA ) COUNTY OF ORANGE )SS 1 CITY OF SIINTA ANA ) I, E. L. VEGELY, do hereby certify that I am the City Clerk of the City,of Santa Ana and ex- officio Clerk of the City Council of the City of Sm to Ana, that the foregoing ordinance was regularly introduced and read to the said Council at its regular meeting, held on the 3rd day of October, 1938, and was again read to said Council at its regular meeting, held on the 17th day of October, 19380 and was at said meeting regularly passed and adopted by said Council by the following vote, to -wit: AYES, TRUSTEES: Plummer W. Bruns, Joseph P. Smith, Fred C. Rowland NOES, TRUSTEES: W. H. Penn, Ernest H. Layton. ABSENT, TRUSTEES: None E. L. Ve el y er (SEAL). l 11 Pacific Indemnity Group 3200 Wilshire Blvd. Los Angeles, California Att: 1 r . M. Gaines Bond Department Gentlemen: September 12, 1956 Ref: Bond #62388 - Pacific Telephone and Telegraph Co. City of Santa Ana F ranchise Bond - $ 500 Your 1:tter of July 29 regarding the above bond was presented to the City Council at its regular meeting of September 6, 1966. The City Attorney reported that the franchise granted to the Southern California Telephone Company in 1932, by virtue of Ordinance 965 is ineffectual because of State Legislation which has, in effect, transferred the grantin r of franchises in this field from local governmental bodies the State of California. The City Council then acted to exonerate the bond.. Yours very truly Doris M. Brown Clerk of the Council dmb. mp WRITTEN ACCEPTANCE OF ORDINANCE NO. 965 CITY OF SANTA ANA, CALIFORNIA To the Mayor and Council of the City of Santa Ana, California: w REAS, on the 12th day of September, 1932, the City Council of City of Santa Ana passed Ordinance No. 965, entitled: AN ORDINANCE GRANTING TO SOUTHERN CALIFORNIA TEhEPHONE COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE AND FRANCHISE, FOR THE PERIOD OF FIFTY (50) YEARS, TO MAINTAIN, CON-- fy DUCT AND CARRY ON A GENERAL TELEPHONE AND TELE- GRAPH BUSINESS, AND IN CONNECTION THEREWITH, AND FOR THE PURPOSES THEREOF, TO CONSTRUCT, ERECT, INSTALL, MAINTAIN AND OPERATE A SYSTEM AND PLANT FOR THE TRANSMISSION OF SOUND, SIGNALS, CONVERSA- TIONS AND INTELLIGENCE BY MEANS OF ELECTRICITY, INCLUDING POLES,AND /OR CONDUITS AND YrIRES, IN, ALONG, OVER AND UNDER THE STREETS, ALLEYS AND PUBLIC PLACES AS NOW EXISTING AND AS HEREAFTER ESTABLISHED OF SAID CITY OF SANTA ANA, CALIFORNIA: And WHERF,AS, said ordinance was duly signed by the Mayor of said City and attested by the City Clerk of said City on the 12th day of September, 1932. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that Southern Cali- fornia Telephone Company does hereby accept said Ordinance No. 965 and the franchise granted thereby, together with all the terms and conditions con- tained therein. IN WITNESS WREREOF, Southern California Telephone Company has caused this acceptance to be duly executed this day of 1932. ..SOUTHERN CALIFORNIA TELEPHONE COMPANY Approved as to form: By LAWLER EGNAN President kDto A ttest: Atr r r Secretary Fil l< ofg)Lwxt� ;�i6. �iGs AN CRVV'1&,C4 -MA-ITLA4 TO �;(jtPfHfJiV OALI�, U&IPHORk, "M Fr,,Hl(�-P of4' (50) YIAR�:, To 1 D T Lrft VU V? Al'•,,'?') ("APRY 014 A GE'V: TiAf� T�J, -t A' 1 'TIRAPH 3b-,,J-,"L-.$J# IN TH M AVL) Sotl"N*01 SIGSA'4AWV pp. 111-',1111. k. 3,17 �X LI.;.4- TRIC11'19, V,J) WIR;S0 AWKJ4,ix V 0i" AUD 11'11i'R T1� ALLklro V71) SP 1.11) GITN' A Tjhe City Gomell of t�,Ie C';ty 1' Santa Ar.:,%, do ordain an followas Zlmt U'Iio pr1v11w1o,, ri.-:,'z` t amdl frmwLlse 11-9 liioreby t.,;ranted to Gouth.or-,i Califomila Telcphano C-u-mpan:,10 Its avlccosi ors and as-al.- tl-,�;n,,-, o- A-fty (30) �Tanrs,, mid di��Irv� the _:;no "or t ,c thereof i To m1ntaix).,, conduct and carry an a ;-Pncr%l talejii,�,ie and tel- eg,raph ?qua Ineses and,, In comootlon t tic rewlth mid 'Cor t7,ie purpose thereoft -Jo construotg emotp Installs, imintalliz aivi opoy-ato a myztem -L and plant for the trmismiasiozi of tjuwid, and Intelligence by aana of electricity,* I!'-,, over,, al=4� gay! u,-Zor t stroett;,, alle),m axid pWAle places " -now axiatine-, said as -hereafter established, of saki "Li'Ity OV VLr1eLL* To install. erect, aad pole)4- Prd polo lines (wit'JA or wIt'llholit cross-sa—IS or braalcets),, and a,)plianoe� In. over and alm; �"S and to ,uild condults, (with r,ow-i €,ules) cmd tiall--a the excavatlolis neoessarT and propk.xr h rufor,, li:i mitl imder, mall stroot.uj, aliays and puiAlc plaoss, and to install, �-rialntaln tuid oporato wires, cables and uther apqllan�e-s and comiuctors on �mclh polo* and in such coikitilts and mw-i 'holes. Suai'! wirea and othor appliancea and conductors uhall ,,,,e either strunt; on poles and othor fLxturos above or,, at t se opt ,on, of �-.he Vrwitee,, It3 juccov'Vora Wid assi-zop laid wvler,-r(rund Liri pipej or conftlt.:j, or othoml6a uru- tooted, Iothln;- In said Vre-ricniac; cos -,1taiLned a iall pmment In orru 6 t p,, or Interfere wIV1 1xitersta•o comrituileatloi,,s or 1xiterstate co4a.,c.roo. 2, `,Phst lout'�orn (;�-tllforrin C*-�Ipanry and its �:,N 4- & fa as xxss siiall pay winually to the said of um,, liurlrk.� the life or t In frwichise two (2%)' peer -,,-nt of Aiu 4TosL, amoral r000lpts frotii 1 ;u use,, oporatlon or aw-st if s�,iid p&7Tment Is not made., -. :ils fra.aahise W-kall ;'Jo forfoited, 'Zmt in r! ,,itts anicl privilei es 2 T L"', 3 "t iall =iave, and it iiux-eby re- horeby j_Tanted,, �,ie (Ut jr ar an" a was serve s, aru'l 3out.tor-, Oallfornlm 'Toluphpnc, 0¢xloany Its tmcceaa- ors im-id assl-iis �-ivvoby g r j � �- ,rwits I.,.o tite (3111VJ ,1,u, 14 the lIfo oS' a W1. W 0 P Y) 400 � — _W' franchise, the rl.,,,ht and privilege to place and w,.cre aerial eonstruetion e clats, ,^ fIxture on the top of poles creat- ed and i.aintained by the Company under this franchise, to wiajoh n*7 be attached wiresj not exceedink- V�ur i4), or In 11OU there - Of, At the Option of the company, to place and asintain wires,, not exoeedlikg four c4), on pins on tkie top crosuanvis of such poles where said facilities are available; and iere underground conduit exists, the said company, Its successors and ass ii!; &hall furnish said City ol"' Santa Anna with one duct In its under- gr,'fund system excluding pipe or ot'tor conduit dips oonneatint; one pole with another, or two pnir.,t o�" wirou In underCround cable, free of chars to said pity, to be used for low tension police and 'L"I re 8, 11all ')e alam purpomess It bed; understood that It 1 the tn:rantes Company as to whethur two paira of wirou shall be ,,,Ivcn or a duct in the undorr,*row-id systairt, PRUVIIX!.D,, however, ti at on-let w '.Ity of ".'.'Ouita i'ttia shali,, in Its use and maintenance of such fixtures,, vilreo or ductsp =,Vly with the reasonable plans and rules of ta grantee, its succauzoru and ass16-its, so that there may be a min:U=i dsuiger of contact '.1)etween Its fixtures s ,, wires and ductes, a-viki t,,e Mxtures, wires,, cables or ducts of the Gompanys Its successors and assli.,nal nor aziall the wires of prize Cit-y of Santa Ana be unduly exposed to forei,,,Asa else- trioal -current In excess of five tiousand (3#000) voltal A" PRO- V11)M)# furth#r$ that In caso of roarranament of said plarrtp the City of Santa eina will at its oitrn expense, care r or .1to own fix- tures, wires amid eons bruct Iiin,, and sal d Co jany,, Iit; sucaessors aartei asaignz. assumes no liability wAatsoovor., off. -tor to sold City or to wiy person, fizri or corpora*71-lon Whatsosver,, for any dariage or olalm of any kind arisln.-; out of Uie omstrui�tlon# mirctenwice, operaLion,o removal or presonnee c. , "ullzic.nt ii,:.iroin dens -rilued and to be used by the City sole17 i4n naintainin, I tlie of 1"Iclenoy of its fire slam systan and police force. SiXTION 4, Mat Soutnern Ualiforrila Telephone t;ai3wsury, and its suocessors and &a.: 1:,ns,, shall,, !!or tho term. of tAs frwiehise, And Without char; e therefor, PI)rni to ilao City of "' uita Air',ii, twelve (12) Individual lino desk act telephones, or tho equiv- alent thcreof# in exWiiange servloe at tie filed And aut.,.,torized rates* sw"'01011 6. 'Plib frw.-'014110t$ 10 not excl-ualvt'�. 31=10,i 6v All tho ter,s 9xid aondltlons of frwio'Ll.se shall bind " 'be bL'idilnt - on each ant, every assi� Xioe, 1-tolder and owner of the saries su d or. eaah and every jx�rt�on, flrri aid/or *or. porato-lo n lessee of anjr o,. Its privileges, 7. All construe Z", wccrk wail be ui: el .sat staxidnrd required oy the state law wid C'jr;v orders of io'klf; Railroad UotmAas- Ion of the State of California or any otlbor body, or govemi,�orxtal autl-lority havlz4.... jurisdiction L-1 the prordsas, y ,fhere not In con"'. I lict k lltta olrzo stato law or the orders of tile �'allroad Co,,w-d-Losion or ot�, er body llxavin ,,, jurisdiol.,01on In tkie pre - mises, said poles and pole 13 e.osa s"aall be placed and said oondulta dug and oonstruoted in aocordanco riLth tho roaaonable regulations of the City of Santa �na vander its pollee powers,. ,3,64 21,wN tlw That wboxiever It becoutes neo"k;=7 to temporarily rearran e# removeq lower or raise V�e wires,, *ablea,, conduits or other apparatus of said �;rax-.tee for tt.ne croasinC, thereof or of the line thersof by anY, i'1.,iAldin-,1,, or ot-her object or work, said gmitee shall to.,,,porarily rearran6e, removes, lower or raise Its wires, cables., coi.�duits or apparatus aL the necessities 002- (C 0 P Y) 006 ~ - _- ol, the oaso require, PKWIDEDI, '11&t tae iiorscwi or persons desirint� to move ga-q such buildings maohlnory or othor objeet or to do any Such work shall absume W'd PAY to the !,-rantee herein the coat of such rearr%naint,* removinf;# lowerinJ11, or raisiw_�,v and shall, in advance of sv,.ah movirW, or work, deposit witb said .•rantee cash or a ,00d wid Sufficient '-)or4d to pay a-U011 00sts As gatipiated by Z shall Indennify and skXee said grantea# and said perami or person to save grantee free and h^rviless of aiY1 fro n any wid all dariagea or claims of whatever kind or nature,, direct or eonsequontial# caused direotI7 or Indirectly by such oross1n,,,* passage or work auid/or by the to iVorary eliangin,74 alter1rZ or removing of said wir*a# eableal conduits or other apparatus so as to permit of such cross simg# Passatle or work. I-ec shall �Oo Ivo-i, not loss W-18n five (6) dw1s That said written notice bl t4s person. or dcs.1r1nn to qccm lish sued crossln: :x passage or works or of his or Its Inteiat 1=1 80 to dot WhWA "ie 1n.. naclainery, no,tleo j�iall detail Lhe n,)uto of 11OWN,10rIt Of s ' _* or otincr Wiject and/or deservoo woelt and zpeoifY t1he U110 whin -,L�m In, wi, and Vile re&rr&nge,,,,wnt# Y ,O%,Rl,, lowf.,)r1n., or rals 1., 11 be required r said notice ahall be aoeoripwiled by as cash deposit# as af�;rosalds or postlW; with said ;rantee a :I.00d and sufficient ^0on4 to pay W-ML, coat an of oresaid# and said notloe# and the nAtterS t.,,i�.A,ein a celfied to be done,, u1jall beer the approval ol said .sung t7 or sung Of the latter as said City may doslLpAte- ''Txat in novint; said build- work# the Ing, machinery cr other object, d,/or the doing, of sue' route taken am-1/or the mannor of doini* suw�i work aliall �1'e as in said aed and/or work shall be acootnplia� notice specified,, and such with as muoh speed as poasVilep and shall not unneaessaxilY inter- fere with or delay teleph=10 or othar aervIce b;, scald graxVsol or cav,se the grantee wu100O8wXrY expense, lose of ,LJ-,ae or Interr:kpt 1011 of servicat and $11all be in accordsu-ioe ions &a Said Gity may by ordinance presoribe. SECTIM& go Thib oraj;ianee Zrantini,,-', scald, freavich1las IS Passed ex id adopted after all Uie requircments Oj* law have bae:ii complied �'r;,ticO oj� sale Ath# !lad and taUenv IncludLme the publl 0,&t -On Of of Telephone and Toles raph Pranchiae.9" the reeelvilit,"', of bids as called for thereby (th► i--TantOev �"Out'Aer' ^Ufornla Telopht110 Companyp 11xvink; be-on the 11J.4ioat bidder thcrefor)9 the xivardin,- Of said fm,101-jifio to the said _,,Out-,,-1ern Galifortila TAalgione U013panys the as of said frsx=!,.Ise by Said corporation and the filint, or a !aond witli said �Aty by *aid cor,,joratior, within five days and as required by, said "W,Aice u , sale of Telephone and Telei-,-,raph Franahis'e*" and tile law, In the sUm of one Thous4s,,d Dollars (,",10000) wilie"i runs in favor O�' I and t o the said �A tly Of .�Wlta ,ate of t!"Aifornia't Alld I's tho said r, ry ulf oallfornia Telephone a-,an well nnd- truly O��Do 0 Z I ill and'*parfora each $ every and all oi' "gag, ton:",S &x1d corldit1t)ns of this A* ed " approved bir 01t7 franchIses *)Iah 'bond has been 4000Pt W na C.unell aotizV; fear said ti' It Of -wlta A - a "Tie city to t7�10 paseaL;e and Clark shall certify J J,L, adoption"of t1,18 ordinanjoe aind Ito approval by the Mayor of the - I t7 ^Id ordinance to .�e published th"e of aa� ,its Ana,, wid s-All cause a a times In the Santa kna a daily newspaPer of general ciro�ulatlon published In said City 01, - santa Anal, and tlicro- upon and thereafter It slaall talte effUct an,,,41 be In .1,1111 Iforce. Adopted said &j.)pr gyred Ju l2th day of ;eptembarq 1932, PAUL 3 of the CJLt 0 ,Anta na,' ,11, 11,11ornia. state of a, r AT':1i;3T i L&P LS V Uii,�Xy G1t,V clerk or-140 o T , ,!;.-,a Anst taaate cif' a13fo sic. P Y) S-TATE' G17' "."ALI-PONNIJA ' T ' 14 A A"4 Is Os L,, V;-WBTYm City Clerk of the City of Santa Aria, do horeby certify that the fore-o1w, Ordirtwioe was dUy passed b,,v, the G'1t7 CO=CH or said iAty am'( si ec) 'b7 the President of said City (Alouncil at a re,;,lar adjoux"�;ed mestir4,; of the latter held on the 12th da,,- of SeptezAier, 1932,, and the same was p"nod by the 'ollow- veto I AYES Tntwteaz J.L. VeMID4t B, WA)IN't',11.9 W. 11. POILt PAUL 3. "Irustees - 11o3' e. Trustees . A. G. flAi' ENJAI"),1L.Ti. (6P;AL) STAN; 0�', "ALL,'ONNIA ANX, L i city GIOR or MAIO or -Z"Ma—Inao 3tate of California* 1j, L. V)Giz,LY& City Clerk of the Git17 of .1'an ta ArAm. do hereby oartify that the fore i-,vinc; is as true,, full and correct copy of the Grdinanoe paaweid b y 4he (=7 Cowmil of said City at a rwetln,,; hold on tho lgth.lAy of aptomt)er,, 1932, as the same appears on the re- cords of Li;ils ,ffice. have hlzreunto set my hand w af f Ixed IT the seal oi' tht; 1..�'Ity of Santa Ana �*A , iu 12th day of �Optarjbor, b .�$ L, V�;Af' Cit7 Clark* C3-R,(:) 2Tp PACIFIC INDEMNITY COMPANY TEXAS PACIFIC INDEMNITY COMPANY NORTHWESTERN ACIFIC INDEMNITY COMPANY 3200 WILSHIRE SOULEVAR-) • LOS ANGELES, CALIFORNIA 90054 Ji)''_y 2q, lqu) r.l 4 rl'l - k rl if 0-nia T?C Telcnl-nnc� J. C�'lly nchisr ':')or( CO. 00 ,r_U4 -hat �,.bov- bond is no lo�er 41 ".7hetjjnr or n 't L 71 t13(- tr-TITS and , 0 v" t -,n- _'L, 'l-rr, com )l-iod c. '-.nd. date oll,,.l. I-ond 1 , n 'n - 11(' - - � 'r (' tt ' - nt" - J o, n ?Al. - Dc I -_ -. , tcd. Li'�j 6A. IT 19 6 ('(' r Dnd Lttac-_-.cd. s Las 1 term /29/61 r) 7ery t- lll_�,r yov,:-S 7 I)T?f 171 m fie S D U 111 D I j j' I a i - -, w, '. , C � 4- 'Ll �, L u 1; I�L� i-j U U i L-,U�y 111CO!") 01 (.1 -11 C, C) 1 0 U' 9 . L Co-, T11 cis sur0+'0--j L ly "acl d and fil.—,-L y bou,,,,.cl untso t I a 0 CIT' GI? L" ()a! in Inc s �., of One 'Thou- d D D I -I 1 1,000.00), "LavI---,U-, Of t'L-,,- Unit—", 131"ates , t"O - ' L u u I - - u L)c to said Of* S=-'-,-. jna, fol, vIr'nich paylli-i nt- %vell nnd to 1)�� '10ind o*-.I-,L. -nd of cu2 s-accessors and -, ".3 -'-7 y 419 he � � L) . j oin U, , I � -, — , Lj �y L, I S ,:� � - ,, S, C Y1 abo-v.--- obli-1:1'at-Ion JL7, such tha-t� t i - I— - �,Jcn of n n a'I ht co Ila o t i d ca ,y -o-mice'i on a, n U- LL n. U CD s 1 0 1-1 (j-11, s 1. s C) u *n, n c 0 v r - -0 y1c c- of, olUCti!city -L 1, 0 v a -o n ss ai d t y Of -r) -ub 1 i c C S, 0 1 n d U'-- 4 uh;:) C,j Z�� Lila d dc: c z- i b C. a' i t II n a o f s,'� I I e Of Sald f:�arl- a a -L- d s I i c ic c b 7 C� Zi i �3 a a c; day 0 f 2 9 L� 2 o I c1l an d d r., t + �3 u a -tllic abova 12 o-n, a U-L U. C, C) oid South,3-2r, C, i o-,I) C,-" ---i J a 'cc�lc, �)'iono an�-, t2,Ljj",r u 0', v� _ ;y CC) and Condition 'n chis o ry aal d i C)f Ci4-Y C),., Za2y. -,na �_ L1 :L'iL; 1 ?. ;?� 11� ��i _� :� U"Jon sliall ' -,joj _ ;y CC) ry Za2y. _ ;y y % �t MEMORANDUM... ---�" To: CLERK OF THE COUNCIL Date AUGUST 17,_1966 From: CITY ATTORNEY Subject: TELEPHONE COMPANY FRANCHISE BOND The bond to which you make reference in your inquiry is but an incident to the non - exclusive franchise granted to the Pacific Telephone & Telegraph Co. by the City of Santa Ana in 1932. The validity or efficacy of said bond will, accordingly, depend upon the status of said franchise. The latest judicial pronouncement upon the subject of telephone franchises is to be found in the case, Pacific T. & T. Co. v. City and County of San Francisco (1962), 17 Cal. Rptr. 687, wherein the court noted, inter alia, as follows: . .However, as said in People v. Willert (1939) 37 Cal.App.2d Supp, 729, 734, 93 P.2d 872, 875: 'It is nevertheless true that the organic law is subject to and controlled by conflicting state legislative action unless the subject matter is a "municipal Affair" as those words are used in sections 6 and 8, Art. XI.' Telephone communication is not a municipal affair. That the decision in Oro Electric Corp. supra, has no bearing on the subject we are considering is shown by Pacific Telephone & Telegraph Co. v. City of Los Angeles, supra, 44 Cal.2d 272, 281, 282 P.2d 36, 41, where the court pointed out that section 19 did not confer on cities the power to grant telephone franchises and that 'the right tQ exist as a telephone corporation and conduct a telephone business is a matter of statewide concern and not a municipal affair.'" The court continues by pointing out the general rule in most unambiguous terms: . ". (A) city has no power to grant franchises in a matter of state concern." and continues: "In City of Petaluma v. Pacific Tel. & Tel. Co. (1955) 44 Cal.2d 284, 288, 282 P.2d 43, 46, the court held: 'The words "along and upon any public road or highway" in section 536 (Civil Code, now section 7901, Public Utilities Code) as originally enacted were intended to mean all public highways in the state, including city streets, Western Union Telegraph Co. v. Hopkins, 160 Cal. 106, 118 -119, 116 P. 557 .' (Emphasis added.) Moreover, the opinion on the prior appeal so holds, as we have hereinbefore shown." Section 7901 of the Public Utilities Code, referred to above, reads as follows: "Telegraph or telephone corporations may construct lines of telegraph or telephone lines along and upon any public road or highway, along or across any of the waters or lands within this State, and may erect poles, posts, piers, or abutments for supporting the insulators, wires,-and other necessary fixtures of their lines, in such manner and at uch points as not to incommode the public use of the road or highway or.fnterrupt the navigation of the waters." MEMORANDUM To: CLERK OF THE COUNCIL Im Date _AUGUST 17, 1966 From: CITY ATTORNEY Subject: TELEPHONE COMPANY FRANCHISE BOND (continued) nagQ 2 From the foregoing it appears abundantly clear that the franchise granted by the City of Santa Ana to the Southern California Telephone Company in 1932 has been superseded by the exercise of State legislation in this field which, in effect, transfers the granting of franchises from local governmental bodies to the State of California. The extant franchise from the State of California has supplanted that granted by the City of Santa Ana. The City has been divested of its authority to franchise in this area. Accordingly, the franchise granted by virtue of Ordinance No. 965 is ineffectual, and the bond given by the franchisee in compliance therewith is surplusage. The bond should be exonerated. It is recommended that the bond be exonerated by action of the City Council. WILLIAM L. MOCK City Attorney WLM:m NATIONAL SURETY CORPORATION SAN FRANCISCO BRANCH OFFICE 160 SANSOME STREET TELEPHONE EXBROOK 1952 R. STEWART VICE E PRESIDENT � � September 13th 1933. Mr.E. L.Vegely, City Clerk, Santa Ana, California. RE:- R- 560363 - SOUTHMN CALIFORNIA TELEPHONE C09PANY - Franchise Bond Dear Sir:- Herewith Assumption of Liability Certificate in duplicate in connection with the above described Franchise Bond. We also enclose Consent of the Pacific Indemnity Company to the assumption of liability by the National Surety Corporation. Will you plea,e attach the Consent and original Assumption of Liability Certificate to the original bond on file and return the duplicate Certificate to us with your acknowledgment thereon. Very truly yours VAl vl s iden t RWS /B Eno. NATIONAL SURETY CORPORATION ASSUMPTION OF LIABILITY CERTIFICATE IMPORTANT NOTE: For use ONLY covering Contract, License, Permit and Miscellaneous Indemnity Bonds, Ten Thousand ($10,000.00) Dollars each or less. (f40_771W637 ) r7 r. This certificate is to be attached to bond or undertaking No .....R-- .�V:.?a�.`7'�.......... In the amount $..........�F.2Ut�:r t;il........ Of ............. executed by National Surety Company on or about the.....' ... day of .Ago:.!4 ..................... 19..32, as surety in behalf of..SP.TJTHERIT CALIFORNIA TELEI'T:O_T.E ... 001 ,. A. TY . .............................., principal(s), and in favor of.......S!.Z.Ty ... QR .... a? ':.x. ...t �.4 ... G....»1:.e`.: -r? 4 ....CCrporati, :)n� .......... .............. C ALI FORIw I A ............ .- ...- . ... 7n ... ... .-:...:-: ... ..... -....°" ..... .... ` ... ................ - ... °., obligee(s), in connection with.......................... l� TCw_ISE 13CM ............................................................................................................................................................. ............................... THIS CERTIFIES that the NATIONAL SURETY CORPORATION, (hereinafter called the "Corporation "), in consideration of the agreements and covenants herein contained and other good and valuable considerations, assumes liability under the above described bond or undertak- ing, for all losses occurring after midnight of April 30, 1933, New York Standard Time, and for all other losses as to which no notice that there had or may have been or might be a loss was re- ceived by or on behalf of the NATIONAL SURETY COMPANY, (hereinafter called "Company "), prior to May 1, 1933. THIS CERTIFICATE is not effective until signed by the Principal and ac- cepted by the obligee(s) named herein. The obligee(s), by the acceptance of this certificate agree(s) : 1. That liability of the Corporation under said bond or undertaking (a) shall be subject to all of the terms, conditions, limitations and warranties contained in the above described bond or undertaking and any amendment thereto or agreement between the obligee and the company affecting the same; and (b) shall in no event be greater than would have been the liability of the company had this certificate not been issued. 2. That the Company is released from all liability for loss(es) which are hereby assumed by the Corporation. 3. That all rights of the Company which would have been available to the Company by reason of its suretyship under the aforementioned instruments or otherwise if this cer- tificate had not been executed shall inure to the benefit of and be fully enforcible by the Corporation. SIGNED, SEALED AND DATED, this ..........0 h.......... Attest: .f - ......................... ACCEPTED: ��..0 ................. r Obligee By....... ..� . ........... , ....... k;z- aft NATIONA By St ea.- 19 CORPOR ION ......... . 4 At ,.orney- n -r .a c In consideration of NATIONAL SURETY CORPORATION issuing this Assumption of Liability Certificate, the undersigned hereby agrees to be bound to said corporation as principal under said bond and according to all the terms and conditions of all indemnity agreements given to NATIONAL SURETY COMPANY. It is understood and agreed that the Corporation as- sumes no liability for the return of premiums paid or payable to the National Surety Company. APPRO,VID AS -TO FORM LAWl. R AGNAN, Al,?R++LY, l F 21511 10M 6 -33 SQ THEMT CALIFORNIA TELEPHICITE COl PAYY ...... ............................... . ..................... ............................... Principal } by L ce Presidenv By ....... .............. ......... Form 01016 —SM -832 (P.I.) - -1 LOS ANGELES PACIFIC FINANCE, BLDG, LEE A. PHILLIPS, PRESIDENT SAN FRANCISCO 150 SANSOM;E STREET i Vice resident & Gen'l. Manager. r As istant Secreta APP F M / r IN THE Superior (court OF THE STATE OF CALIFORNIA In and for the County of Orange Notice of Sale of Telephone and Telegra.)h Franchise. ------------- ------ ------------------------ --•------- --------------- ------ State of California ss. County of Orange W. Lee Millis of the said County, being duly sworn, deposes and says: That ...he is and at all times herein mentioned was a citizen of the United States, over the age of twenty -one years, and that ...he is not a party to, nor interested in the above entitled matter; that ...he is the principal clerk of the publisher and proprietor of the Santa Ana Daily Evening Register, a newspaper of general circula- tion, printed and published daily in said county and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying sub- scribers, and which newspaper has been established, printed and published in the Said County of Orange for a period exceeding one year; that the notice, of which the annexed is a printed copy, has been published in the regular and entire issue of said newspaper, and not in any supplement thereof, on the following dates, to -wit: July 26- 27- 28 -29 -30 and- August 1- 2 -3 -4-5 -1932 Ok_ �v fi -------------------- -------- -,f /,� = /,,,,�` Subscribed and sworn to before me this Jr t rday of - - -• ,, us 193.2' otar ublic in and for s o ty and State Affidavit of Publication NOTICE OF SALE OF TELEPHONE ernmental autho AND TELEG RAPH FRANCHISE tion in -thg prey Where -not in Office of the City Clerk of Santa state law or the Ana, California. road Commission TO WHOM IT MAY CONCERN: Ing jurisdiction Notice is nereby given that an said poles and application has been made to the placed and sail City Council of the City of Santa constructed in ; Ana, California for a certain fran= reasonable regub chise granting the right, for the Santa Ana aeti period of fifty (50) years, to mail'- powers. Lain, conduct and carry on a general That whenever telephone and telegraph business, to temporarily re, and in connection therewith, and for er or raise the a the purposes thereof, to construct, or other apparati erect, install, maintain and operate the crossing the a system and plant for the trans- thereof by any b mission of sound, signals, conversa- other object or tions" and intelligence by means of shall temporarily electricity, in, over, along and un- lower or raise it der the streets, alleys and public duits, or other , places as now existing and hereafter cessities of the established of said City of Santa VIDED, HOWE' Ana, together with certain appur- son or persons tenant and incidental rights as here- any such buildi inafter mentioned. other object o: It is hereby proposed by said City work shall as Council to offer for sale and to grant the grantee hen and award to the highest .bidder the rearranging, rerr said franchise on the terms and raising, and shal conditions herein contained, and this moving or work, notice is the notice required by law grantee cash or to be given, and said franchise shall bond to pay suc have the following terms. and con- by said grantee, ditions, and shall be " and is de- persons shall Ind scribed as follows, to -wit: save grantee free A franchise for the term of fifty from any and al (50) years, and during the whole of whatever kind thereof, to maintain, conduct and consequential, ca carry on a general telephone and directly by such telegraph business, and, in connec- work and /or by I tion therewith and for the purposes Ing, altering or thereof: wires, cables, con To construct, erect, Install, main- atus so as to per Lain and operate a system and plant passage or work. for the transmission of sound, slg- That said gran nals, conversations and intelligence less than five (5; by " means of electricity, in, over, by the person of along and under the streets, alleys accomplish such 4 and public places as now existing work, or of his c and as hereafter established, of said do, which notice City of, Santa ,Ana; and, of movement of To Install, erect, and maintain chinery or othe: poles and pole lines (with or with- scribe such work out cross -arms or brackets), and ap- hin the ream pliances in, over and along, and to lowering or raisli build conduits, (with man holes) and said notice i and make the excavations necessary by a cash depos and proper therefor, in and under, Posting with said said streets, alleys and Public places, sufficient, bond t and to string, Install, maintain aforesaid, and s and operate wires, cables and matters therein other appliances and conductors on shall bear the a such poles and in such conduits and or such official , man holes. Such wires and other City may design, appliances and conductors shall be said building, ma either strung on poles and other fix. ject, and/or the tures above ground, or, at the op- the route taken a tion of the grantee, its successors doing such work and assigns, laid underground in notice specified, a pipes or conduits, or otherwise pro- or work shall be tected. much speed as p, Nothing in said franchise con- unnecessarily int tained shall prevent, interrupt or in- telephone or of terfere with interstate communica- grantee, or cause tions or interstate commerce. essary expense. 1 That the grantee of said franchise ruptiun of servic and its assigns shall pay annually in accordance wit to the said City of Santa Ana, dur- tions as said Cit in g the life of said franchise two prescribe. (2 %I per cent of the .ross annual Notice is also receipts arising from r.s use oper• sealed bids in wr ation or possession, and if said pay- for said franchis went is not made, said franchise in behalf of said shall be forfeited. P. M„ on the 291 That in consideration of the rights 1932, and that a, and privileges granted by said fran- struck off, sold chise, the grantee thereof, its suc- person, firm or c cessors and assigns, shall grant to matte the highes the city during the life of said fran- provided, only t chise, the right and privilege to the Opening . place and maintain, where. aerial will be open t construction exists, a fixture on the said hour and da: top of poles erected and maintained the City Council) by said grantee under this fran- son, firm or corn sh13e.--_- to:- whieal may be attached represented may t wires, not exceeding four (4), or in a sum not less tb lieu thereof, at the opitOn - -.of the the highest bid grantee. to place and maintain wires; id bid so made not exceeding four (4), on pins on lea than 10 per c the top crossarms of such poles where said .facilities are available; sponsiblb bidder; may o continue and where underground conduit ex- franchise shall be ists, the said grantee, its succes- awarded by said sors and assigns, shall furnish said Highest bidder t] City of Santa Ana with one duct in of the United Sta its underground system excluding pipe shall be accompa or other conduit dips connecting one certified Check p; pole with another, or two pairs of urer of said City wires in underground cable, free of of said bid, and charge to said city, to be used for be considered un] iow tension, police and fire alarm certified check is purposes, it being understood that it and the successfu shall be optional with the grantee as at least 10 per ci to whether two pairs of wires shall his bid with the be given or a duct in the under- before the franc ground system. off to him, and PROVIDED, however, that said make such depos City of Santa Ana shall, in its use and in that evens and maintenance- of such fixtures, received, and she wires or ducts, comply with the rea- void, and said fr sonable plans and rules of the there be again of grantee, its successors and assigns, bidder who shal so that there may be a minimum cash bid therefor, danger of contact between its fix - conditions as to d tures, wires and ducts, and the fix- tioned. Said prod tures, wires, cables or ducts of the tit said franchise grantee, its successors and assigns; awarded by said nor shall the wires of the City of 'exposed der who shall ma Santa Ana be unduly to Posit of at least foreign electrical current in excess amount of his bi of five thousand (5,000). volts; AND PROVIDED, further, that in case of provided. Said s rearrangement of said plant, the deposit with the Santa Ana, withi City of Santa Ana will at its own expense, care for its own fixtures; of the acceptanc4 wires and construction, and said maining 90 per c thereof, and in grantee, Its successors. and assigns, assumes no liability whatsoever, fail to do so, tt either to said city or to any person, theretofore made and the said awe firm or corporation whatsoever, for any damage. or claim of any kind shall be void, an arising out of the construction, shall then and th Council be again maintenance, operation, removal or presence of the equipment herein the highest biddi described and to be used by the same manner and City solely in maintaining the ef- strictions as he: ficiency of its fire alarm system and and in case said police force. deposit with the i That said' grantee, and its suc- remaining 90 per cessors and assigns, shall, for the in 24 hours after term of said franchise, and without award to him of charge therefor, furnish to the City be set aside, and of Santa Ana, twelve (12) individual fore made by hirr. line desk set telephones, or the and no further I equivalent thereof, in exchange ser- sale of said fr& vice at the filed and authorized unless the same rates. and again offered That said franchise is not exclu- nor herefnbefore sive. Notice is also h That all the terms and conditions grantee of said P of said franchise 'shall bind and be In five (5) days a binding on each and every assignee. said francise, file holder and owner of the same, and a bond running t on each and every person, firm Ana, in the Pena and /or corporation lessee of any of sand Dollars ($1,, its privileges. two good and suf, All .construction work shall be of approved by the that standard required by the state conditioned that law and the orders of the Railroad grantee shall we Commission of the State of Calf- and fulfill and per fornia, or any other body or gov- term and conditli (EXECUTED IN DUPLICATE) B U N D h uG`t�t "11 By 'l :LSL rlt a�;Li�`I'S That we , :SOU jl� P U��I201,vIA TEL.1.1 1 ��r; CUI� '4 . ) a corporation duly incorporated under the la`m of the State of California, as principal, the NATIO;,i, 5U!-flTY CUi�lldY, a corpora- tion, and i' .CIFIC I1,15LI.DITY COhl?.UNY, a corporation, as sureties, are jointly and severally held and firnly boun,'t unto the CITY OF SANTA ANk, a munici ;?al corporation, in the penal sun of One Thou - sand Dollars (y1,000.00 ) , lawful rloney of the United States, to be paid to said City of Santa Ana, for which payment well and truly to be made we bind ourselves., our and each of our successors and assigns, jointly anti severally, firmly by these presents. The condition of the above obliL;at ior_ is such that whereas a franchise for the right to maintain, conduct and carry on a general telephone and telegraph business arid, in connection there,, %,ith, to construct, erect, install, maintain and operate a system aid plant for the transmission of siEnals, sounds, conver- sations and intelligence by means of electricity in, over along and under the streets, alleys and public places of said City of Santa Ana, all as described in the notice of sale of said fran- chise, which is here':;.- referred. to a_ d ryde a part hereof, and saiI franchise was, on the 29th day of nugust, 1932, sold and ativarded by the city cc.=cil of the City of Santa to the Southern Ualifornia Telephone Company, a corporation, the above bounden 1;ri_ncipal, ;subject -U,o the terms and conditions in said notice of sale of t'_ie franchise hereirbefore mentioned. NO W$ `i'i h 'Ot if the obligor herein, said Southern California '2ele p une Uoilpany, a corporation, grantee of said franchise, and its si:;ccessorc; and assigns stall well and truly observe, fulfill and perform each and every term and condition of said franchise mentioned and contained in the said notice of sale thereof and in the ordinance of the City of Santa Lina Granting the sane, then this obligation shall be void, otherwise remain in full force and effect. SOINKERN CALIFOI-�NIA. TELEPHONE COL�;PAIFf By Vice President STATE OF CALIFORNIA, City and County of San Franciscosss. On this____ 31st___ -_- _____day of_____________August__- in the year One Thousand Nine Hundred and___Thirty__tW0_________, before me EMILY K. McCORRY, a Notary Public in and for the City and County of San Francisco, State of California, residing therein, duly commissioned and sworn, personally appeared__________ __________________________C_+__ E'_'_ Ke _'_gy__________________________ known to me to be the person whose name is subscribed to the within instrument as the Attorney in fact of NATIONAL SURETY COMPANY, a corporation, and he acknowledged to me that he sub- ' scribed the name of NATIONAL SURETY COMPANY thereto as principal, and his own name as Attorney in fact. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my Official Seal, at my office in said City and Coin San Francisco the day and year in this certificate first above written. Notary Public in and for the My Coq and County of San Francisco, State of C�%rnia on Expires January 16, 1935 V OftyE OF CALIFORNIA, S5. County of......... S��t�.. Ffa., ,.k..�� ................ ........ ,iii tY= �:TQ.._.. On this....._ cal w°i- .•.••••••••.•••- ••••••day of.....111.1.� t ..................in the year one thousand ninedin drt1d.........+ F �i(! [.- Y i`.. iv9 v � O -- ••- - .......a Notary Public in and for said County and State, residing therein, beforeme . ................................... ............................�.Y ..................... iii x 1........Da Ya..S......_...._ ............ .._.......................known to me to be duly commissioned and sworn, personally appeared ......... .. .. . .•• -• ••• - the duly authorized Attorney -in -Fact of PACIFIC INDEMNITY COMPANY, and the same person whose name is subscribed to the within instrument as the Attorney -in -Fact of said Company, and the said Earl....A......DaV . s ...................... ............................. .. acknowledged to me ..................................... ..................... .......... that he subscribed the name of PACIFIC INDEMNITY COMPANY, thereto as principal, and his own name as Attorney -in -Fact. IN WITNESS WHEREOF I have hereunto set my hand and affxed my official seal the day and year in this Certificate first a ritten. � .. Expucs January ! 6, 1935 .......... ........ . . .. '......_.............. ........S...................... ;.... My Corn.RUS:;an $arr !'ra,." cc Form G1000 IOTt 9 -30 (P.1.) Notary Public in and f ....... Olty _.and••.• ............._Caunty, Stat California. DIVISION Southern _ DISTRICT Santa Ana Sheet Ko, 1 NEWS CLIPPINGS K 340 00 -291 PUBLICATIONa a Ana R n i Lte�r CITY Santa Ana, California, DATE Aubust 1. 10,132 __ NOTICE OF SALE OF TELEPHONE That in consideration of the rights fornia, or any other body or gov- AND TELEGRAPH FRANCHISE and privileges granted by said fran- ernmental authority having jurisdic- chise, the grantee thereof, its suc- tion in the premises. Office of the City Clerk of Santa cessors and assigns, shall grant tq Where not in conflict with the Ana., California, the city during the life of said fran- state law or the orders of the Rail - TO WHOM IT MAY CONCERN. chise, the right and privilege to road Commission, or other body hav- Notice is nereby given that an place and maintain, where aerial ing Jurisdiction in the premises, application has been made to the construction exists, a . fixture on the said poles and pole lines shall be City Council of the City of Santa top of poles erected and maintained placed and said conduits dug and Ana, California for a certain fran- by said grantee under this fran- constructed in accordance with the chise granting the right, for the chise, to which may be attached reasonable regulations of the City of period of fifty (50) years, to maim- wires, not exceeding four (4), or in Santa Ana acting under its police tain, conduct and carry on a general lieu thereof, at the option of the powers. telephone and telegraph' business, grantee, to place and maintain wires, That whenever it becomes necessary and in connection therewith, and for I not exceeding four (4), on pins on to temporarily rearrange, remove, low - the purposes thereof, to construct, the 'top crossarms of such poles er or raise the wires, cables, conduits erect, install, maintain and operate where said facilities are available; or other apparatus of said grantee for a system and plant for the trans- i and where underground conduit ex- the crossing thereof or of the line mission of sound, signals, conversa- fists, the said grantee, its susses- thereof by any building, machinery or tions and intelligence by means of sors and assigns, shall furnish said other object or work, said grantee electricity, in, over, along and un- City of Santa Ana with one duct in shall temporarily rearrange, remove, der the streets, alleys and public its' underground system excluding pipe lower or raise its wires, cables, con - places as now existing and hereafter or other conduit dips connecting ono duits, or other apparatus as the re- established of said City of Santa pole with another, or two pairs of cessities of the case require, PRO - Ana, together with certain appur- Fires in underground cable, free of VIDED, HOWEVER, that the per - tenant and incidental rights as here- charge to said city, to be used for son or persons desiring to move inafter mentioned. low tension police and fire alarm any such building, machinery or It is hereby proposed by said City, purposes, it being understood that it other object or to do any such Council to offer for sale and to grant shall be optional with the grantee as work shall assume and pay to and award to the highest bidder the to whether two pairs of wires shall the grantee herein the cost of such said franchise on the terms and be given or a duct in the under- ! rearranging, removing, lowering or conditions herein contained, and this ground system. raising, and shall, in advance of such notice is the notice required by law PROVIDED, however, that said moving or work, deposit with said to be given, and said franchise shall 'City of Santa Ana shall, in its use grantee cash or a good and sufficient have the following terms and con- and maintenance of such fixtures, bond to pay such cost, as estimated ditions, and shall be and is de- wiles or ducts, comply with the rem- by said grantee, and said person or scribed as follows, to -wit: sonable plans and rules of the persons shall indemnify and agree to A franchise for the term of fifty grantee, its successors and assigns, I'i save grantee free and harmless of and (50) years, and during the whole so that there may be a minimum from any and all damages or claims thereof, to maintain, conduct and danger of contact between its fix - of whatever kind or nature, direct or carry on a general telephone and tures, wires and ducts, and the fix- I, consequential, caused directly or in- telegraph business, and, in connec- Itures; wires, cables or ducts of the directly by such crossing, passage or tion therewith and for the purposes grantee, its successors and assigns; I work and, /or by the temporary chang- thereof: nor shall the wires of the City of ! ing, altering or removing of said To construct, erect, install, main- Santa Ana be unduly exposed to wires, cable s, conduits or other appar- tain and operate a system and plant foreign electrical current in excess atus so as to permit of such crossing, for the transmission of sound, sig- of five thousand (5,000) volts; AND passage or work. nals, conversations and intelligence PROVIDED, further, that in case of That said grantee shall be given not by means of electricity, in, over, rearrangement of said plant, the less than five (5) days written notice along and under the streets, alleys City Of Santa Ana will at its own by the person or persons desiring to and public places as now existing *U ease, care for Its own ftxtures, ' accomplish such crossing, passage or and as hereafter established, of said Mid eonstrct-+feu- *— e+=a ^ work, or of his or its intention so to City of Santa Ana; and, grantee, Its successors and assigns, do, which notice shall detail the route To install, erect, and maintain assumes no liability whatsoever, of movement of such building, ma- -poles and pole lines (with or with- either to said city or to any person, chinery or other object and /or de- out cross -arms or brackets), and ap- fiFm or corporation whatsoever, for scribe such work and specify the time pllanees in, over and along, and to any damage or claim Of any kind when the rearrangement, removal, build conduits, (with man holes) arising out of the construction, lowering or raising will be required and make the excavations necessary maintenance, operation, removal or and said notice shall be accompanied and proper therefor, in and under, presence of the equipment herein j by a cash deposit, as aforesaid, or amid streets, alleys and public places, described and to be used by the posting with said grantee a good and and to string, install, maintain City solely in maintaining the ef- „sufficient bond to pay such cost as and operate wires, cables and ficiency of its fire alarm system and i aforesaid, and said notice, and the other appliances and conductors on police force. matters therein specified to be done, much poles and in such conduits and That said grantee, and its suc- shall bear the approval of said City man holes. Such wires and other cessors and assigns, shall, for the or such official of the latter as said appliances and conductors shall be term of said franchise, and without City may designate. That in moving either strung on poles and other fix- charge therefor, furnish to the City said building, machinery or other ob- tures above ground, or, at the op- of Santa ,Ana, twelve (12) individual Jett, and /or the doing of such work, tion of the grantee, its successors line desk set telephones, or the the route taken and /or the manner of and assigns, laid underground in equivalent thereof, in exchange ser- doing such work shall be as in said yfpes or conduits, or otherwise pro- vice at the filed and authorized noti: a specified, and such moving and/ tested. rates. or work shall be accomplished with as Nothing in said franchise con- That said franchise is not exclu- much speed as possible, and shall not tained shall prevent, interrupt or in- sive. unnecessarily Interfere with or delay j terfere with interstate cOmmunica- That all the terms and conditions j telephone or other service by said tions or interstate commerce. of said franchise shall bind and be 1 That the grantee of said franchise binding on each and every assignee.',; grantee, or cause the grantee unnec- essary expense, lose of time or inter - and its assigns shall pay annually holder and owner of the same, and', ruption of service, and shall be done to the said City of Santa Ana, dur -ton each and every person, firm In accordance with such other regula- ing the life of said franchise two and /or corporation lessee of any of tions as said City may by ordinance (2 %) per cent of the ;ross annual its privileges. prescribe. receipts arising from t.s use, oper -; All construction work shall be of Notice is also hereby given that ation or possession, and if said pay -! that standard required by the state' sealed bids in writing will be received ment is not made, said franchisel law and the orders of the Railroad,1 for said franchise by the City Clerk shall be forfeited. Commission of the State of Cali- in hehalf of said City up to 5 o'cloei: DIVISION DISTRICT NEWS CLIPPINGS P. M., on the 39t1i day of August. 1932. and that said franchise will be struck off, sold and awarded to the person, firm or corporation who shall make the highest cash bid therefor; provided, only, that at the time of the of ening of said bids (each bid will be opened by the City Clerk at said hour and day, in open session of the City Council) any responsible per - son, firm or corporation present or represented may bid for said franchise a sum not less than 10 per cent above the highest bid made therefor, and said bid so made may be raised not less than 10 per cent by any other re- sponsible bidder; and said bidding may so continue until finally said franchise shall be struck off, sold and awarded by said City Council to the highest bidder therefor in gold coin of the United States. Each sealed bid shall be accompanied with cash or a certified check payable to the Treas- urer of said City for the full amount of said bid, and no sealed bid shall be considered unless said cash or said certified check is enclosed therewith, and the successful bidder shall deposit at least 10 per cent of the amount of his bid with the Clerk of said City before the franchise shall be struck off to hint, and if he shall fail to make such deposit immediately, then and in that event his bid shall not be received, and shall be considered as void, and said franchise shall then and there be again offered for sale to the bidder who shall make the highest cash bid therefor, subject to the same conditions as to deposit as above men- tioned. Said procedure shall be had un- til said franchise is struck off, sold and awarded by said City Council to a bid- der who shall make the necessary de- posit of at least 10 per cent of the amount of his bid therefor as herein provided. Said successful bidder shall deposit with the Clerk of said City of Santa Ana, within twenty -four hours of the acceptance of his bid, the re- maining 90 per cent of the amount thereof, and in case he or it shall fail to do so, then the said deposit theretofore made shall be forfeited, and the said award of said franchise shall he void, and the said franchise Si-, ^ „4. K 340 110 -291 r_ t _: r.• PUBLICATION_ CITY _cz=rr-L, %:ni 9 Ci l iforrii DATE the highest bidder therefor, in the same manner and under the same re- strictions as hereinbefore provided, and in case said bidder shall fail to deposit with the clerk of said City the remaining 90 per cent of his bid with- in 24 hours after its acceptance, the award to him of said franchise shall be set aside, and the deposit thereto- fore made by him shall be forfeited, and no further proceedings for the (sale of said franchise shall be had unless the same shall be readvertised and again offered for sale in the man, ner hereinbefore provided. Notice is also hereby given that the grantee of said franchise must, with- in five (5) days after the awarding of j said francise, file with the City Clerk a bond running to said City of Santa Ana, in the penal sum of One Then- ! sand Dollars ($1,000), with at least two good and sufficient sureties, to be approved by the said City Council, I conditioned that such bidder and grantee shall well and truly observe and fulfill and perform each and every term and condition of said franchise, and that in case of any breach of the conditions of such bond, the whole amount of the penal sum therein j named shall be taken and deemed to be liquidated damages, and shall be recoverable from the principal and sureties upon such bond. Said bond shall be filed with the City Council of said City by delivering the same to the City Clerlc thereof within five (5) nays after such franchise shall have been awarded, and upon the fil- ing and approval of said bond, said City Council shall grant said franchise by ordinance to the person, firm or corporation to whom it has been struck off, sold and awarded, but in case such bond shall not be filed, the award of said franchise shall be set aside and any money paid therefor shall be forfeited, and said franchise shall, in the discretion of said City Council, be readvertised and again of- fered for sale in the same manner and under the same restrictions as here- inbefore provided. By order of the City Council of said City of Santa Ana, California. Dated this 26th day of July, 19u2. E. L. , VEGELY shall then and there by the said City State of California. Council be again offered for sale to City Clerk of the City of 5auta Ala.. I =tt= all MrIt bLt thrOt P rItStUb. that the PACIFIC INDEMNITY COMPANY, a California corporation, having its principal office in the City of Los Angeles, County of Los Angeles and State of California, doth hereby make, constitute and appoint -------------------- r.. Ae_.''`' - - ----------------_---- ---------- ---- - - - - -- ------- --- ------------- ---------------- ---------------------------------------------------- of the State of .. .... ...... . .! 441 "Q .a__._. - -_ -- ........... its true and lawful Attorney in Fact, with full power and authority to sign, execute, acknowledge and deliver in its name, place and stead, as surety, bonds, undertakings and writings obligatory in the nature thereof, and when said bonds, undertakings and writings obligatory are signed by-.--- the._..._ -- said_ Farb. ,_Davit)----- - - - - -- --------------------------- ----------------------------------------------------------------------------------- -- - - - - -- --------------------------------------------------------------------------------------------------------------- as such Attorney in Fact to bind the Company as fully and to the same extent as if the same were signed by the President of the Company, sealed with its common seal, and duly attested by its Secretary; and the said Company hereby ratifies and confirms all the acts of the said Attorney in Fact done pursuant to the power and authority herein given. This Power of Attorney is made and executed in accordance with and by authority of the following resolution adopted by the Board of Directors of the Pacific Indemnity Company at a meeting called and held on the 8th day of February, 1926: "RESOLVED, that the President or any Vice - President may from time to time appoint Resident Vice - Presidents, Resi- dent Assistant Secretaries and Attorneys -in -Fact to represent and act for and on behalf of the Company, and either the President, or any Vice - President, the Board of Directors or the Executive Committee may at any time remove any such Resident Vice - President or Resident Assistant Secretaries and Attorneys -in -Fact and revoke the power and authority given him; and be it further "RESOLVED, that Attorneys -in -Fact may be given full power and authority to execute for and in the name and on behalf of the Company, any and all bonds, recognizances, contracts of indemnity and other writings obligatory in the nature of a bond, recognizance or conditional undertaking, and any such instrument executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary; and be it further "RESOLVED, that the Attorneys -in -Fact are hereby authorized to verify any affidavit required to be attached to bonds, recognizances or contracts of indemnity, policies of insurance and all other writings obligatory in the nature thereof." IN WITNESS WHEREOF, the PACIFIC INDEMNITY COMPANY has caused these presents to be signed by its VU0 .... .President and its corporate seal to be hereto affixed, duly attested by its ............. .....................Secretary, this -------- - - - - -- 7th November ------ - - - - -- ..-.._..day of.--------- - - - - -- -- Irn►B�b�T.------- - - - - -- ------------------ - - - - -- A. D. 19 - - - - -- PACIFIC INDEMNITY COMPANY Attest: Jam1B_..__IcTJael"r BY*x_-i09t?--------------------------------------- Secretary. Vice President. STATE OF CALIFORNIA, COUNTY OF LOS ANGELES y �" On this ........... 7t3 ------------------ day of. ---- . --------------------- w- Mber--------------------- - - - -A. D. 19 ---- q., before me personally came ......... H .. . - - - -- H, _. E«_ Nood --------------------------------- - - -... ------------------------------------------ - - - -to me known, who, being . by me duly sworn, did depose and say, that he resides in the City of Los Angeles; that he is the........ nick? ...................... President of the PACIFIC INDEMNITY COMPANY, the corporation described in and which executed the above in- strument; that he knows the seal of said corporation, that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order. .Myrtle a{ ._ Littman --------------------------------------------------------- (Notarial Seal) Notary Public. M' commission expires February 21, 1930. STATE OF CALIFORNIA, COUNTY OF LOS ANGELES ss.. James L. MeZnertty _Secretary of the PACIFIC INDEMNITY COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said PACIFIC INDEMNITY COMPANY, which is still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company, at the City of F Los Angeles, this ----- ._ ........ . .. ...day of ................ t�x.......... --------- _.... -A. D. 19 -- .. .� «1`h:.R_� Secretary. Form G1005 IM 11 -30 W.I.) F. 201% 5M -9.30 Made in U.S.A. KNOW ALL MEN BY THESE PRESENTS, that the NATIONAL, SURETY COMPANY, a corpora- tion duly organized and existing under the laws of the State of New York, and having its principal offices in the City of New York, hath made, constituted and appointed, and does by these presents make and constitute and appoint -- ---------- - - - - - -' — ---------------- --- - - - --- — --------------- --- ------- --- --------- - - - --- -- - .Ar -- vn4 ani6 -- «R d! W ------ NI— --------------------- WPB .Me w — IYM MY.yf of - -- ?I- An-P DA (2 - - ----- fn__ - g- - -- ----- - - - - -- -and State of - - -Cal l""tJ1t1± 0 --------------------- its true and lawful Attorney/ , with fu 1 power and authority hereby conferred in its name, place and stead, to sign, execute and .. Ws ,rte �rer r .. � W.. � .s � � ^"► _,, — „N. -.M "R' " w r — — — — W n M. s Nil ww N #4 W rett M WP W Y RM Nip " -W — — — — am — + " w Wa ail " rtt8 ,eta *0 M N M N r M — — — — — — .,M. w — wR v .,O w M► w M ,N, Ai\ WW WR M r W ■ w. r w w. «..r ,j% n w — - w . — N P* M — 1— a M w a — ___ ----- _ and to bii i the NA ONAL SURETY COMPAN hereby as fully and to ;the same extent a; if su i h bonds were signed by the Presi t, sealed with the co on s of the Company, and duly attiested by ;its Se etary, hereby ratifying d confirnAg all of the acts of sai ttorrJap pursuant to the power; herein g'ven. This Pow of Attorney is made i ad executo pursuan to and b thori*4 of the f llowing By -L4w adop , d by th¢ Boar of Directors of the N IONAL 19URETY POMPANY W+ a me 'Ig duly c ed and held On the Tliird day of' Octol er, 1922. "ARTICLE XII. RWDEN FFICERS AND ATTOR� EYSJN -PACT. 'SECTION The Chairman, Vice - Chan, dent or any Vice - President may ftom time to time appoint "R dent Vice- idents, Resident Assistant Secret s and Attorneys -in -Fact to! represent ; and act far, and behalf of he Compan and either the Chairman, Vice - Chan, President or any other !Vice - President, the Bard of I irectors, "or he Executi Committee, may at any time remb, any such Resident Vice - President, Iesident Assistant ecretary "or Attorney- inf}ct, and revoke the power and aurity given them. ! ! 'SECTION 4. Attorneys -in -Fact. Attorneys -in -Fact may be given full power; and authprity to execute f and in "th name and on behalf of, the Company, any and all bonds, recognizances, contracts of indemnity, and othe writings "ob atory in the nature of a bond, recognizance or conditional undertaking, and any such instrument; execut by any "su Attorney- in•Fact shall be as binding upon the Company as if signed by the'Chairman, Vice - Chairman or resident "and sealed and attested by the Secretary. "SECTION 6. Attorneys -in -Fart. Attorneys -in -Fad are hereby authorized to verify any affidavit required to be "attached to bonds, recognizances or contracts of indemnity, policies of insurance, and all other writings obligatory in "the nature thereof, and are also authorized and empowered to certify to a copy of any By -law contained in Articles "VI, XII and XIII of the By -Laws of the Company." IN WITNESS WHEREOF, the NATIONAL SURETY COMPANY has caused these presents to be signed by its -- ------------------ 'C_ -_ President and its corporate seal to be hereto affixed, duly attested by its Assistant Secretary, this------ - - - - -- E----- - - - - -- -day of----- - - - -'" =0 -------------------- -.A. D. 19 (Seal) NATIONAL SURETY COMPANY ------ By - - -- By - - -- 3R .4- -jii -- ---------- - - - - -- --------------- Attest: —__ _° ^� , _ _ _ _ _ _ _ floe- President. Assistant Secretary. STATE OF NEW YORK, COUNTY OF NEW YORK, ss.: Y -t ---------------------------- - - --A. D., 19 -- -, before me On this--- - - - -�- ----------------------------- day of came ----- —__ ------------------------------------------------------ to me known, who being by me duly sworn, did depose and say, that he resides in the City of New York; that he is the_TIA* ___- _____- -President of the NATIONAL SURETY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order. (Seal) Notary Public. STATE OF NEW YORK, COUNTY OF NEW YORK, ss.: n F.1Z » ' to � ------------------- . - 1A '�.__1Assistant Secretary of the NATIONAL SURETY COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said NATIONAL SURETY COMPANY, which is still in full force and effect. ,�n Wi#ttess W4er90f, I have hereunto set my hand and affixed the seal of said Company, at the City of New York, this-- - - - - -- 3191 - - - -- -day of - - - - _A1 gwr2_t---------------- - - - -A. D. 19-32-------- - Zen- 1-.4 ,a a I don Assistant Secretary. SOUTHERN CALIFORNIA TELEPHONE COMPANY Cant: fna, September 2, 1932 City Clerk, City of Santa Ana, Sant.. Ana, Calif. Dear Sir: I attach hereto Bond of Southern California Telephone Comppmy as principal and National Surety Comna.ny and Pacific Indemnity Company as sureties, in amount of one thousand dollars (r 1000.00), required by that certain franchise advertised for sale by the City of Santa Pma in the Santa Ana Daily Evening Register beginning July 26, 1932, and continuing for ten successive days, and sold and awarded to the Southern California Telephone Company by the City of Santa Ana kuo st 29, 1932. Yours very truly, District Tilanager Inclosure SOUTHERN CALIFORNIA TELEPHONE COMPANY EXECUTIVE OFFICES 740 SOUTH OLIVE STREET F. N. RUSH, LOS ANGELES, VICE PRESIDENT AND GENERAL MANAGER BID OF SOUTHERN CALIFORNIA TELEPHONE COMPANY, A CORPORATION To the HonorRble, the Mayor and the City Council of the City of Santa Ana, California. The undersigned, Southern California Telephone Company, a corporation, hereby bids Three Hundred ($300.00) Dollars for the Franchise mentioned and referred to in the copy of advertisement attached hereto and made a part hereof. SOUTHERN CALIFORNIA TELEPHONE COMPANY, By ---- � �/\ C�� Vice Pres dent and General Manager DIVISION __S011tIlE 1711 DISTRICT_ Sµnt�- !,ma NOTICE OF SALE OF TELEPHONE AND TELEGRAPH FRANCHISE Office of the City Clerk of Santa Ana, California. TO WHO.R IT MAY CONCERN: Notice is nereby given that an application has been made to the City Council of the City of Santa Ana, California for a certain fran- chise granting the right, for the period of fifty (50) years, to main- tain, conduct and carry on a general telephone and telegraph business, and in connection therewith, and for the purposes thereof, to construct,: erect, install, maintain and operate a system and plant for the trans- mission of sound, signals, conversa- tions and intelligence by means of electricity, in, over, along and un- der the streets, alleys and public places as now existing and hereafter established of said City of Santa Ana, together with certain appur- tenant and incidental rights as here - inafter mentioned. It is hereby proposed by said City, Council to offer for sale and to grant', and award to the highest bidder the said franchise on the terms and conditions herein contained, and this notice is the notice required by law' to be given, and said franchise shall) have the following terms and con- ditions, and shall be and is de- t scribed as follows, to -wit: A franchise for the term of fifty (50) years, and during the whole thereof, to maintain, conduct and carry on a general telephone and telegraph business, and, in connec- tion therewith and for the purposes thereof: To construct, erect, install, null tain and operate a system and plant for the transmission of sound, rig - nals, conversations and intelligence by means of electricity, in, over, along and under the streets, alleys and public places as now existing and as hereafter established, of said City of Santa Ana; and, To install, erect, and maintain j poles and pole lines (with or with- out cross -arms or brackets), and ap- plianecs in, over and along, and to build conduits, (with man holes) and make the excavations necessary and proper therefor, in and under, , said streets, alleys and public places, and to string, install, maintain and operate wires, cables and other appliances and conductors on such poles and in such conduits and man holes. Such wires and other appliances and conductors shall be either strung on poles and other fix- tures above ground, or, at the op- tion of the grantee, its successors and assigus' laid underground in pipes or conduits, or otherwise Pro- tected. Nothing in said franchise con- tained shall prevent, interrupt or in- terfere with interstate communica- tions or interstate commerce. That the grantee of said fran hire and its assigns shall pay annually to the said City of `anta Ana, dur- ing the life of said franchise two (2 %) per cent of the ;rocs annual receipts arising from t.s use, oper- ation or possession, and if said pay- ment is not made. said franchise shall be forfeited. }. �r K1340 (10 -29) NEWS CLIPPINGS .. PUBLICATION�� _'rltuu_ Ar_a R'eli__ er CITY_ SantEL luia, .1; 1i_ornia DATE _gligust_Z, l932 - - That in conslde:ation of the rights and privileges granted by said fran- chise, the grantee thereof, its suc- cessors and assigns, shall grant to the city during the life of said fran- chise, the right and privilege to place and maintain, where aerial construction exists, a fixture on the top of poles erected and maintained by said grantee under this fran- chise, to which may be attached wires, not exceeding four (4), or ill lieu thereof, at the option of the grantee, to place and maintain wires, not exceeding .our (4), on pins on the top crossarms of such poles where said facilities are available; and where underground conduit ex- ists, the said grantee, its Succes- sors and assigns, shall furnish said City of Santa Ana with one duct in its underground system excluding pipe or other conduit dips connecting one pole with another, or two pairs of wires in underground cable, free of charge to said city, to be used for ,ow tension police and fire alarm purposes, it being understood that it shall be optional with the grantee as to whether two pairs of wires shall be given or a duct in the under- ground system. PROVIDED, however, that said City of Santa Ana shall, in its use and maintenance of such fixtures, wires or ducts, comply with the rea- sonable plans and rules of the grantee, its successors and assigns, so that there may be a minimum danger of contact between its fix- tures, wires and ducts, and the fix- tures, wires, cables or ducts of the I grantee, its successors and assigns; nor shall the wires of the City of Santa Ana be unduly exposed to foreign electrical current in excess, of five thousand (5,000) volts; AND PROVIDED, further, that in case of rearrangement of said plant, the City of Santa Ana will at its own expense, care for its own fixtures, wires and construction, and said grantee, its successors and assigns, assumes no liability whatsoever, either to said city or to any person, firm or corporation whatsoever, for any damage or claim of any kind arising out of the construction, maintenance, operation, removal or presence of the equipment herein described and to be used by the City solely in maintaining the ef- ficiency of its fire alarm system and police force. That said grantee, and its Bur' cessors and assigns, shall, for the term of said franchise, and without cliarge therefor, furnish to the City of Santa Ana, twelve (12) individual line desk set telephones, or the equivalent thereof, in exchange ser- vice at the filed and authorized rates. That said franchise is not exclu- sive. That all the terms and conditions of said franchise shall bind and be binding on each and every assignee holder and owner of the same, ant on each and every person, firm and /or corporation lessee of any of its privileges. All construction work shall be of that standard required by the state law and the orders of the Railroad Commission of the State of Cali- fornia, or any other body or gov- ernmental authority having jurisdic- tion in the premises. Where not in conflict with the state law or the orders of the Rail- road Commission, or other body hav- ing jurisdiction in the premises, said poles and pole lines shall be placed and said conduits dug and constructed In accordance with the reasonable regulations of the City of Santa Ana acting under its police powers. That whenever it becomes necessary to temporarily rearrange, remove, low- or or rai wires, or other apparatus said grant efor the crossing thereof or of the line thereof by any building, machinery or other object or work, sa:d grantee shall temporarily rearrange, remove; lower or raise its wires, cables, con- duits, or other apparatus as the ne- cessities of the case require, PRO- VIDED, HOWEVER, that the per- son or persons desiring to move any such building, machinery or other object or to do any such work shall assume and pay to the grantee herein the cost of such rearranging, removing, towering or raising, and shall, in advance of such moving or work, deposit with said grantee cash or a good and sufficient bond to pay such cost, as estimated by said grantee, and said person or persons shall indemnify and agree to save grantee free and harmless of and from any and all damages or claims of whatever kind or nature, direct or consequential, caused directly or in- directly by such crossing, passage or work and /or by the temporary chang- ing, altering or removing of said wires, cables, conduits or other appar- atus so as to permit of such crossing, passage or work. That said grantee shall be given not less than five (5) days written notice by the person or persons desiring to accomplish such crossing, passage or work, or of his or its intention so to do, which notice shall detail the route of movement of such building, ma- chinery or other object and /or de- scribe such work and specify the time when the rearrangement, removal, lowering or raising will be required and said notice shall bo accompanied by a cash deposit, as aforesaid, or posting with said grantee a good and sufficient bond to pay such cost as aforesaid, and said notice, and the matters therein specified to be done, shall bear the approval of said City or such official of the latter as said City may designate. That in moving said building, machinery or other ob- ject, and /or the doing of such work, the route taken and /or the manner of doing such work shall be as in said notice specified, and such moving and/ or work shall be accomplished with as much speed as possible, and shall not unnecessarily interfere with or delay telephone or other service by said grantee, or cause the grantee unnec- essary expense, loss of time or inter- ruption of service, and shall be done in accordance with such other regula- tions as said City may by ordinance prescribe. Notice is also hereby given that sealed bids in writing will be received for said franchise by the City Clerk in behalf of said City up to 5 o'clock P. M., on the 29th day of August, 1932, and that said franchise will be flee' .� c . 2 NEWS CLIPPINGS K _40 (10 -29) PUBLICATION Suitt_,, `2na Register DIVISION_ Southerri CITY Santa Ana California DISTRICT— Santa_ _!-na DATE_ . — tiuLis_t_ 1 la s2 provided, truck off, sold and awarded to the same manner and under the same re- erson, firm or corporation who shall strictions as hereinbefore provided, ake the highest cash bid therefor; and in case said bidder shall fail to only, that at the time of deposit with the clerk of said City the the opening of said bids (each bid I remaining 90 per cent of his bid with - will be opened by the City Clerk at in 24 hours after its acceptance, the said hour and day, in open session of ! award to him of said franchise shall I the City Council) any responsible per - be set aside, and the deposit 'thereto - son, firm or corporation present or fore m -1de by him shali be forfeited, represented may bid for said franchise and no further proceedings for the a sum not less than 10 per cent above sale of said franchise shall be had the highest bid made therefor, and unless the same shall be readvertised said bid so made may be raised not and again offered for sale in the man - less than 10 per cent by any other re- ner hereinbefore sponsible bidder; and said bidding Notice is also hereby given that the may so continue until finally said grantee of said franchise must, with - franchise shall be struck off, sold and in five (5) days after the awarding of awarded by said City Council to the said franc)se, file with the Clty Clerk highest bidder therefor in gold coin a bond running to said City of Santa of the United States. Each sealed bid Ana, in the Penal sum of One Thou - shall be accompanied with cash or a sand Dnilars ($1,000), with at least certified check payable to the Treas- two good and sufficient sureties, to be urer of said City for the full amount approved by the said City Council. of said bid, and no sealed bid shall I conditioned that such bidder and be considered unless said cash or said grantee shall well and truly observe certified check is enclosed therewith, and fulfill and perform each and every and the successful bidder shall deposit I term and condition of said franchise, at least 10 per cent of the amount of and that in case of any breach of the his bid with the Clerk of said City conditions of such bond, the whole before the franchise shall be struck amount of the penal sum therein Off to him, and if he shall fail to I named shall be taken and deemed to make such deposit immediately, then be liquidated damages, and shall be and in that event his bid shall not be recoverable from the principal and received, and shall be considered as Isureties upon such bond. Said bond there be again offered sfor sale to the of isaide Cityd by 1 deliveringlt thebsamie bidder who shall make the highest to the City Clerk thereof within five cash hid therefor, subject to the same (5) flays after such franchise shall conditions as to deposit as above men- have been awarded, and upon the fil- tioned. Said procedure shall be had un- ing and approval of said bond, said tit ,said franchise is struck off, sold and City Council shall grant said franchise by ordinance to the person, firm or �,,�{, � fcorporation to whom ' it has been pei- - 1 j struck off, sold and awarded, but in amount of his bid therefor as herein' case such bond shall not be filed, the provided. Said successful bidder shall award of said franchise shall be set deposit with the Clerk of said City of aside and any money paid therefor Santa Ana, within twenty -four hours shall be forfeited, and said franchise of the acceptance of his bid, the re- shall, in the discretion of said City maining 90 per cent of the amount Council, be readvertised and again of- i thereof, and in case he or It shall fered for sale in the same manner and fail to do so, then the said deposit under the same restrictions as here- theretofore made shall be forfeited,Iinbefore provided. land the said award of said franchise By order o e City Council ordf the shall be void, and the said franchise I C. of said ty of Santa Ana, California. shall then and there by the said City Dated this 26th day of July, 1932. Council be again offered for sale to E. L. VEGELY, the highest bidder therefor, in the State of California. I City Clerk of the City of Santa Ana, KNOW ALL MEN BY THESE PRESENP'PSs fhat we, PACIFIC ELECTRIC LAM COMPANY, a earporatioat, as Principal, and UNITED STATES FIDELITY AIM GUARANTY COMPANY, a corporation of Baltimore, Maryland, duly authorised to trammot a general surety 'business in the State of California, as Surety, are held and firmly 'bound unto the CITY OF SANTA ANA, CALIFOTWIA, and to any and all persons who may legally establish damages sustained as hereinafter not forth, in the penal sun of Teal Thousand and 00/100 Dollars ($10,000.00), lawful money of the United States of America, for which payment, well and truly to be made we bind ourselves, our successors and assigns, jointly and severally, firmly by these presents. Signed, sealed and dated at Los Angeles, California this lf) day Of July, A. D. 1922• The condition of the foregoing obligation is such that whereas by its Ordinance No. 678 passed April 3, 1922, the City of Santa Ana granted to Pacific Electric Lead Company a franchise to operate automobile busses within said City Limits; And whereas said Orddinaanae provides alternatively that, as a oondition precedent to operation wider said franchise, a general bond may be given in the sun of Tea Thousand azd 00/100 Dollars ($10,000000) applicable to each of all automobile busses so. operated and conditioned for the payment of damages to any and all persons who as passengers on said busses may be injured or danaged throu& or on account of the wrongful act, fault or neglect of the holder of the franchise or persons operating say such automobile bus, or of their agents, servants or employees, or to the heirs of any person who may be killed through any such wrongful act, fault or negligemae; Now, Therefore, if said Paoifle Electric _ Land Oompany shall pay all such damages so sustained as may be legally established, then this obligation shall be void; otherwise to be and resaia in full foroe and virtue. Provided that the fall sun of this bond shall apply to cover each and every automobile bas so operated by Pacific Electric Land Company irrespective of the umber of such basses, except that the, total liability of the Principal and Surety har eider shall in no case exceed the sum of Ten Thousand and 00/100 Dollars ( #10,000000) 0 It is farther distinctly understood and agreed that this bond shall cover a period of twelve months from the date of the license granted under the provisions of said Ordinance and that this bond may be continued from year to year by a contimaatiia certificate, duly executed by the surety hereunder, and when so continued the total liability of the Surety shall be, in all re- spects, the same as if this bond had been originally written to include the period or periods for ahioh it shall have been continued. It is firrther distinctly understood and agreed that this bond and its continuation certificate or certificates, if any, may be cancelled at any time by the Surety, upon giving thirty days written notice to the then City Clerk of the City of Santa Ana, State of California, in ah. ich event the lia- bility of the Surety shall at fire expiration of said thirty days oease and determine, except as to such liability of the Principal herein prior to the expiration of said thirty days, it being expressly understood that the surety shall be 11,41619 within the penal gam mentioned herein for d�►�fauit of the prinoipal in fully discharging any liability T its part, , taming during the life of this obligationo � PACIFIC BY �'� i Z a SECRETARY. y. STATES F ITY A GUARANTY COMPAIFf BY l Its Attorney in pact* KNOW ALL MN BY THESE PAZ=TSt %at we, PACIFIC ELLECTRIC LM O(WANY, a earporatioa, as Principal, and UKITW STATZ8 7IDBLITY AND GUARANTY OWAITY, a corporation of Baltimore, Xarylant, duly authorised to transact a general surety business in the State of California, as Surety, are held sad firmly bound unto the CITY OF UNTA ANA, GALIFMIA, and to any and all persons who may legally establish damewes sustained as hereinafter not forth, in the Ppzal sum of Tea Thousand and 00 /100 pol]ars ($100000.00)9 lawful money of the IIaited States of America, for whish payrnt, well and truly to be made we bind ourselves, our successors and assigns, jointly and severally, firmly by these presents. Sigaed, sealed and dated at Los Angeles, California this l f) day Of July, A. D. 1922. Time Condition of the foregoing obligation is neat that whereas by its Ordinance NO* 678 passed April 39 19229 the City of Santa Ana granted to Pacific Electric Land Compsmy a franchise to operate automobile busses within said City Limits; And whereas said Ordinance provides al.teraatively that, as a condition precedent to operation under said franchise, a general bond my be given in the sum of Teia Thousand and 00 /100 Dollars ($10,000.00) applisable to each of all automobile busses so operated and oonditionsd for 1h payment of damages to any and all perpms who as passengers on said busses may be injured or damaged through or on acaCahnt of t1W wrongful act, fault or neglect of the holder of the franchise or persons operating any starch sattembile bast or of their agents, servants or employees, or to the heirs of any persea who may be killed through any such wrongful act, fault or negligence; N'ow, Therefore, if said Pacific Fasetric Lanni D sgpmy shall pay all such damages so sustained as may be legally established, then this obligation shall be void; otherwise to be sad remin in full foree and virtue. Provided that the full an of this bored shall apply to cover each and every automobile bas so operated by Pacif is El astrie lad Con xuW irrespective of the number of such basses, except that the, total liability of the Principal and Surety hereunder shall in no ease ezoeed the s of Ten Thousand and 00 /100 Dollars ($10, 000 a 00) o It is farther distinctly understood and agreed that this bond shall Los Angeles 45. 2.2 -22 -1000 STATE OF CALIFORNIA �ss: COUNTY OF !:.: o5 n.qe eS On this . 19$ .......day ofy in the year one thousand nine hundred and "nty..two.- .. -...- before me, ........ CeC,.I.Beala^hi1A a Notary Public in ........ and for said County a d State, residing therein, duly commissioned and sworn, personally appeared J. St. Paul Its , known to me to be the duly authorized Attorney -in -fact ....................................................................... ........................................... of the UNITED STATES FIDELITY AND GUARANTY COMPANY, and the same person whose name is sub rile to th 'thin instrument as the Attorney -in -fact of said Company, and the said ..... ............................... a t * Pamixite ..................................................................... ............................... ..........................duly acknowledged to me that he subscribed the name of the UNITED STATES FIDELITY AND GUARANTY COMPANY thereto as Surety and his own name as Attorney -in -fact. Jn Witness Whereat, I have hereunto set my hand a xed my; official seal the day and year in this Certificate first above written. My COMM 1 l i : ) 191 } t �� Notary- Public in and for...... �. �. �P_I �S ......County, State of Cfalifornia UNITID SI S F 'FT & GUAROTY CDVPAV -- BY i Its Attorney in Fact. PACIFIC ELECTRIC RAIL""'AY Co-.NIPA-N..Y (WFICE OF PASSE"NGER TRAFFIC MANA(,'El? 0. A. SMITH SAFETY FIRST: Do not try to cross a railroad track in iront cf a moving I-N YOUR I-PET PERA.— HRFER TO PAWEN4�9R'J'ItAFFIC ATANAG.R Interurban Car. Your automobile may fail you and that may mean Disaster. ...................... Los ANGELES, CAL., -7� h o u 7ru- t f PACIFIC - LECTRIC RAILWAY COIF_. ,ANY PACIFIC ELECTRIC LAND COMPANY SAFETY FIRST: Do not try to cross a railroad track in front of a moving Interurban Car. YourAutomobile m fail you and that may mean Disaster. REAL ESTATE, TAX & RESORT DEPARTMENT 788 PACIFIC ELECTRIC BUILDING Honorable Board of Trustees, City of Santa Ana, Santa Ana, California. Gentlemen: In Your Reply Please Refer To File No .................... LOS ANGELES, CALIFORNIA February 27, 1922. In accordance with Notice of Sale of automobile bus franchise adopted by your Honorable body on January 23, 1922, the Pacific Electric Land Company hereby bids One Thousand ($1000.) Dollars for the said proposed franchise. Bid for the said proposed franchise is made by the Pacific Electric Land Company with the understanding that in prescribing two additional streets or por- tions thereof upon which buses shall be operated, at the expiration of each cal- endar year, provided in section "b" of such notice of sale of franchise, that Pacific Electric Land Company may not be compelled to operate such service over such additional streets unless the revenues from such operation are sufficient to pay all operating costs for such service plus a reasonable amount for depreciation of buses, and a reasonable return on the investment in such buses; however, Pacific Electric Land Company, if awarded franchise, will be willing at any and all times to cooperate with the officials of the City of Santa Ana in selecting additional street or streets for service, and will be willing to inaugurate service over such additional streets where there is a question whether or no the revenues will meet the conditions above named, in order to determine what the results will be. of Sale. Certified check for $1000 herewith, as required by provisions of Notice Yours very truly, PACIFIC ELECTRIC LAND COMPANY, r� dent. '40M UT Aeuao4q 00 tl`J aZI $ SHPTS G&Ixa •zas3eaoeg 6q •4100; ;e 'Pus soaoa TTgi UT uTIaaea 04 �egjmaeg4o .1409 ==e ou 30 Poe PToa eq 04 sT uoT49STNO sTR4 ueg4 'pTos 7W VQVJ ns os esTgousas PTV8 i0 uOT!tTPuoo pus U404 /SAGAe PUV Rose U.Zo =sed pug TTTaTn3 ATn43 Pug TTG► TTsq8 da'sdwoo IMEVI OTa400TE aTJTCVcT PTas eq4 aT •eao=eaagy 6Awl 0;09"q ;asd is epm eoueae =ea Iq Pus PegM 38 o ;eaeq sT eOTgou goTgAL ;o ddoo s •esTgousaS =o eTss =o eoT!tou eqa, xo suoTsTAoad exg jo engaTA Aq pus aeTrtm 'say snusS i0 A4TO eqq jo ses;suay i0 PAS eq; Aq esTgousa; 8 PTos Pus POPaems 8Tc►P OUR `Aasaageg jo Asp qUZ OTT uo 99A 'BuW=C) P0e"I oTa4oeTff OT;Toua `TsdjouTad uepaaoq OAOgs eqq sseaegp M4 g0ns OT uoT!tvOlTgo eaogs a qt =o uoT41Paoo at& •ZZ6T `q"VK i0 An Vn OM POVOP rM sTses mo g4TAL PeTges •squosead esega Aq BT=TS `a;Tstejes pus 6T3sT0r 4OUSTss$ pus saosseome ano •seeTesano Mq em 4ep= eq 04 6Tna4 PM TTaK " ;O WtW aueacfgd eTa ao= `sasTTOQ (00.000484) OOT/00 V Pusenogy GATJ[ j0 tests 4snr PUB TTUJ eq4 UT 4VW e4tMS =0 A410 O!IuLt PtmOq ATOzTS M pTeq eas 'a!leaas se 69.T=T4Tsg S0 14TO eq3 UT eaT ;iO TsdTouTad 94T BuTAVq Poe PMTS 30 e!tsag eq'T do uoT %WOCTao0 s 61va1[00 zzxv i9 o v 1tiI7ma s&vzs a&ix I Pug `TgdT ouTaa us 'sTuso;n vo `seTeBuy WT ;0 `uOT4aaodao0 s $Atmdmo0 PUVI 01 -409TR OTJ:10va 4eg W41 : samsmu ama ae Sm TIV AM - --- $ •aw•anowisavg •OK g, IN \�\ @a ? \ JR4 .. -I ON09 T\ \M 9- /c It r SZ Julaua.) General 25. :• . E BALTIMORE,Mll. ZROW ALL META BY UWE PHESEBTS: C", E� That We, Pacific Electric Land Company, a Corporation, of We Angeles, California, as Principal, and UNIT® STATES FIDELI'T'Y & GUAWTY CoMpANy. a Corporation of the State of Maryland and hating its principal office in the city of Baltimore, as surety, are held and f inaly bound unto City of Santa Ana, in the fall and just suns of Pine Thousand & 00 /100 ($5,000.00) Dollars, for the payment whereof,well and truly to be made, we bind ourselves, our successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this 2nd day of March, 19220 The condition of the above obligation is such that whereas the above bounden principal, Pacific Electric Land Company, was on the 27th day of February, 1922, duly awarded and sold a franchise by the Beard of Trustees of the City of Santa Ana, under and by virtue of the provisions Of the notice of sale of franchise, a copy of which notice is hereto attached and by reference made a part hereof. Now, Therefore, if the said Pacific Electric Land Company shall well and truly fulfill and perform each and every term and condition of said franchise so awarded and sold, then this obligation is to be void and of no effect; otherwise, to remain in full force and effect. PACIFIC/ JG / CQI�PA1ri by ;.- Secretary. TmTnf+n QMAFKMQ sarsttMrm -W O ATTAr A1Tw.as __. _ Los Angeles 45. 9-2121-1000 STATE OF CALIFORNIA COUNTY OF......Los__. .................. ss: On this...........' . .. ...................day of ............................................ _An the year one thousand nine hundred and . - - - -- twenty ... two............. before me,.--- .--- .... - - - -- Cecil. -- Beauchamp --------------- .....-- - - - -., a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared _J. .......................................... -St. Paul ��hite , known to me to be the duly authorized Attorney -in -fact of the UNITED STATES FIDELITY AND GUARANTY COMPANY, and the same person whose name is subscribed to the within instrument as the Attorney -in -fact of said Company, and the said ............... .-- ........... 1whi. re ... ............................... .......duly acknowledged to me that he subscribed the name of the UNITED STATES FIDELITY AND GUARANTY COMPANY thereto as Surety and his own name as Attorney -in -fact. Xn Witurss U14rreaf, I have hereunto set my hand a xed my official seal the day and year in this Certificate first above written. .. . . . . .. ......... .............. ............................... - Notary Public in and for......... os Angeles,—— ... ...... . ...........................Coun , State of California I odbla 1 To the Sobloo Los Argeleo. Calltornia, ;?An* 9th, 1916. 00 3"rd Of TMOSOOS Ot !80 Olt' Of eta • r T77, ;. a us a 4081 * l atlon for the rl of t and pr vile" to % .t, w"M ilt am eleatrle r"tioe" apt toomWor c#=*oUog t rait to asimost, the lies of r"Ume 4r the f#'o ASSOWD aulmy A fern at o 44 O O 0IMtlaf o a PASUomar vl11 otor * *U* r� � I n� 71;7! rp. 11 P-5 6800104 E. SAIVTA CLARA A. PS lobtb /!s2 �, yid �'!n x05 y w y Sa, P5. 2 0 rAf ST PACIFIC E1_ECTRi: RY CO. '" "" " ^,�J.PEXIraT'INGTRK t'v'I.Of`'�Jtt'.C7i =1�T: -.a. -' -- '— s.PNEwWoRK f3M510N SOUTHERN L_ UtqE SAhJTA ANA —ORANGE '�*- -- EXISTING TRACKS LOCATION MAIN ST. A SANTA CLARA - -- -- ...--- - - - - -- - -- - - -- - -- PdEW WORK SUBJECT PROPOSED TRANSFER PE- CONSTPUCTION WITH SP R.R. CO. ELECTRIFICATION ----.---------_----_..-- E, SClLF- t = 200' L.A.B. Dp.,TEJUNE 3.1916 AYE. 0 OR: )I i1 ANC NO. AN UPDIX. NC ; GRANTING T(1 F1 +G:I�'ii: �i.�:T'RIC YiIL'rkY Cc:,�'J �1X ANTI) IT) A,,SIGh6, THj RIGHT TO CC N )TRUCT , MAINTAIN ANA? UYa,JtiiT1, '�iN Tlii Ti" OF FIYTY (5o) YLAR6, AN 1Q,.L,,CTRIC 1,LklIA;0 -f%-0 GI"UB 1`RANSlt'h;�i CONhiWTIIvU TRACK Ch C1,.R 'AIN 67RiA�TL� IN TE6 CITY OF SANTA ANA, COUNTY QF CRANG.W. 6TAT.�, C. CA1,Ii <'Ci}1S;St�. - - -- 000 - - -- The 13otird of Trustees o f tiae City of :•a.nts Ann# do ordain as follov^s: Section 1. That the rijht and privilege is hereby granted to Pacific electric F,Ea.ilwfay Companyg and its successors end assigns, to construct, maintain and op(rate, for the period of fifty (50) years, a standard gnuf.e sinf °le track electric rail- road spur transfer cozanectin track for the purpose of connect - ing the railroad lines of Pacific ;,lectric Railway Company with the railroad lines of the Southern pE cific kailroad Company, over the route, and over, aloe& and &,cross the streets or portions of streets, in the said City, cjescribcd a ,ifi foll0 "'r, to -wit: Leginning at a. poirt in the center line of Pacific r;lectric Railway Company's track on lain Street, approximptely 150 feet north of the intersection of said pacific Llectric Fa.ilway Company's track, with the .) outhern Pacific Compt;ny track nt Santa Clara Avenue. Thence southeasterly along a 120 30' curve to the left, across the easterly one-half of main and over Southern Pacific Company right of way to a. point 13 feet north - easterly of and at rips :ht angles to the center line of Southern yacifie Company's track. Thence southespterly, pvrnlle7 to said Southern i'a.cific Company's track and txro�a :.:Fast 6f ntn. Clurn. Avenue to an intersection with the southerly luxe of said 1};ast 6anta, Clara Avenue, n total distance of approximately 390 feet from tfie point of beginning,, v o shown with broken yellow liner (1) 0 on print attached to application of Pacific Wlectrio F{ailway Company�filed with the City Clerk of said city on the day of June, 1816, s nd masked W44'01, f1. 2687A. It being understood that the grantee of this franchise shall have the right fit nny . time within the life thereof', to make such change in the 11erfen of the trace herein above described as may be necessary by reason of the construction by said grantee or assigns of a second track along said Main Street. SGotion 2. The terms and conditions upon which said right and 1=1 vilege are granted are as follows: 1. The railroad constructed and operated under this right axid privilege shall be used as a connecting; track Letween the lines of the grantee, Pacific electric hailwW Company and the railroad track of the Southern Pacific Railroad Company. 2. That the tracks to be constructed and operated under this right shall be pinc ed as near each other as a, proper regard for safety will allow. Section 3. That said grantee, its successors and assigns, shall use good materiel in the construction of said road, and the said road shall be built in a good and workmanlike manner; and the said grantee, its successors and assigns, shall at its or their expeas& pave, gravel or macadamize the said road, between the tracks, and between the rails, And for tvw feet on each side thereof• where said road is constructed along or ,arose said streets, with the same materiel used by the City t;.nd under the same specifications and in the same manner as upon the streets across which said road runs, respectively, and shall keep the same constantly paved, graveled or macada- mized and in good repair and as near as possible on the grade with the streets; all repairs find grading on said street or streets where such road or rondbed runs, to be done under the (2) 0 direction of and to the anti sfa.ction of the Board of Trustees or the Superintendent of :streets of said City of Ua.nta anti, at the expense of the grantee of this franchise, its successors and assigns. In case the said grantee, its successors or assigns, shaUfail to comply with the instructions given by the said Board of Trustees or said Superintendent of :streets in regrard to such work, then the said Superintendent of :streets shall enter upon said street or streets -snd do the work as ordered by the Board of Trustees and said Superintendent of :streets shall keep an itemised account of said work which the grantee hereof, its successors and assigns, by the acceptance of this franchise hereby agrees to pay, upon the presentation of such account, to said grantee, its successors or assigns. Its or their failure to do so shall be sufficient ea.use for forfeituer of said right or privilege hereby granted, in case said roedbed or tra.eke are not kept in repair as hereinbefore provided. Provided further, that the said grantee, its successors rind ussirrns, shall construct all necesefary flumes and culverts for the free passage of water under the tracks where the same naturally flows and that such flumes and culverts shall be con- structed in a.ccorda.nce with plane and specifications approved by the Boaard of Trustees. Provided further, that said grantee, its successors and assigns, shall have the right to excavate and remove portions of said streets, necessary to properly construct said road . and to erect and instdl apparatus, turnouts, switches and other appliances, poles, and wires for carrying trolley,power, telephone and telegraph wires and other wires used by said Frrintee in the oper.tion of ssidd ra.ilro ^d. Provided further thr t said City, in grs.ntinr. said rirltt and nrivil ege, expres sly reserves the right to pave, p xavel, mradadamize, renew or serer any of spid streets or to lry wr.,.ter, (3) Y] Q1` o th c r ILLCI E , ill ,'r tO v, r c ct t CI C"111(511c v c-I cj., J I. s, O'v t' I ' n 0T` I'Of' d, to il"UP. P-4d road ry tip L e %P . p 0 1z % i , I . wrCCt fun 4 the further privil,,A.., T'Ivl'it La r:: T7; ttl#n pq,,rv, if? 'Vint tNd tO th" suc c, v r il o r n ,, nri n r, p i vil f s t0 u r c c I c ct r I c, i t1, ov cy, nrzie iinc, of .0 railrord, to lie construotei, oprT,,r,,, c. -n,! f%fij +I,f! T u r!, 0 tripinr e,n vpj,, o r n or `,fly po•tion 400tion i-rovide(i turui(r, -11pt r,p -ectlon 6. I r,,n (T c,I u I C Ir c-, z�l i nil C d 0 no � jL n w 1, (: rier'spsyper of i,,r-nt:T- I (-irc ,Intion, rill lished ,n-4 cire,!,In in Uic "ity of Tltr imv, Y,nrj tiiereupon --,nL' �I thrrenftcr it shall be in foyc( pn,3 I hereby cpr+ijly thvv,t thc, lVil n : :o._ Of 'A'Ustcu!: of tj-,c I ty vnt�, c I -my L u t 4JI W-- I-IC t! S, y i VU16 L • $1,u fit cll timev (!?irry ii.II i T L4 4L c t to rer., Pont, tj I'mvy p -ectlon 6. I r,,n (T c,I u I C Ir c-, z�l i nil C d 0 no � jL n w 1, (: rier'spsyper of i,,r-nt:T- I (-irc ,Intion, rill lished ,n-4 cire,!,In in Uic "ity of Tltr imv, Y,nrj tiiereupon --,nL' �I thrrenftcr it shall be in foyc( pn,3 I hereby cpr+ijly thvv,t thc, lVil n : :o._ Of 'A'Ustcu!: of tj-,c I ty vnt�, c I -my L u t 4JI W-- I-IC t! S, y i VU16 L • $1,u I� rs A, Approved this day of 11916. Pres den of Me Board of Truetees of the City of Santa. Ana.. (5) 1 2 3 4 5 6 7 i 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 I� ! i To the Ponoratie The Board of Trustees of the City of Santa Ana, Califorrik,P The undersigned, IDacific Electric Railway Cornpajiy, hereby makes application for a franchise to construct double track curvc;d connection tricks at ;ntersection of ?gain and Fourth ��treets, described in the form of Ordinance hereunto I attached, and requests your ??onoral,le Body to introduce and I adopt the ordinance herev ith. submitted and grant to the under- signed said Fran(kise. j Respectfully submitted, i t PACIFIC LL +;C'C! =tiC RdiIL' "'. Y COr.'PA%Y, BY a j :J tj - f b, A No . O INl�IiGr OF `7F,E BOARD of ,TRUSTEP,, S ?F THE CITY OF SANTA XV ABTA GRANTING, A FRANCHISE T0. TR'E PACTFI.0 ` ELECTRIC .TtAILWAY CO?:F YY TO COZ7 aTRUCT , A• DOUBLE ,RACK CURVED C017NBE'CT10N 5 MAIi� S�'' � AT .FOUIITi1, ANU T " REETS IN .SA�,TA` ANA, CALIFOINIA.. 6 7 The Board of Trustees of the City, cif Santa Ana 8' do ordain a.s' folio rs: 9 Section One'; . That the right and privilege be 10 and tri same, ie hereby gian't"ed to Pdc,ific Electric Railway 11 Company" its successors; and assigner; .to construct,, maintain "and 12 operate, as a part of its electric rrI�ilroad, to be constructed, 13 end maintained operated in said City;' of 'Santa; Ana, a, double" 14 track' curved connec tlon at 7fai °n and Fourth . Streets; in the " 15 ,; City of Sari to " Ana, " sa` -i,d , tracks to.` b P - s tardy rd: ",gauge double track " 6,, - tion 'by, curved tracks; conca,ve,'•to the. T70r#.hwest` =from 17 r3ints P i in ".fie daubl'e tricks ;now rasintair�'Ad,; by the Pacficlectx"i r r18 . €ti' lt�ray CoInj)a, y`' i' ola,jtZ1 t "rest 2zathe .Ci ty of Santa Ana', ap., 6 ifitia: t h even n t a�:" e a .e y,; (70)'feet West" of the fnteraeecton of 'Fourth 20 ', Street and .Main Street, -. over and across "the" Northwest- rest one-fourth 21,. ` of the 'intersection,,of;:eaid Fourth Street and rJfaira Street, to 22 points in the d©'uble track of said Pacif e 'lectric Railway Company fn"Iftin: Street, -s.pproximat,�ly seventy y (70) f eet 'forth' ` 24; of the intersection ar is Ya.in" Street and Fourth Street, 25 Together with the right to "construct, 'erect; main ±e in and use all poles a'nd wires, switched, turnouts; curves and all 27 attachments; "rnachin'ei and adjuncts niecesearyr or convenient in 28'' the con.atruct ion, and 6perat'i on. 0 ,SS d Tai1TDad, 29 Sec ti; on "wo. That the said • rantee, its successors and 30 assigns'", shall use food material iin �th e construction of said 31 - curved tracks, "and "the same" shall be built in a good and work- r 32 manlike manner, and t.:ne said grantee,° its succ essors yT� 14 i as i , J l �n r -plans and s pooifi'cat`i°ns a- Proved by the board of � ,iiiittttaectiora Three, � „ •. ,r -. The work to construct said „. tracks sha11 ., `be` 'cornmUnced within not ra ore than four months and completed within not More than tltre'e Fears thereafter, and if not so >; 4 acmmericed and corlpletec within said time said` fa`nci'sp !sha11 F 7 e forfeited, , L A' 8 4 The -pity clerk shall Certify to`, the passage .of this 9 ordinance. qd. ceUse� the' same to be pubµlished ,on.q in' the ;a nap per,' printed, ,published 11 and dir0u, ialt ed in' the i ty o fin to "a, .and ;:t14r'supon and' 12 thereafter it shall, . take eff ect: and' be in force. 13 14 15 , , 16 kiFfBY RT'Y', th't `the foretr.'oi Q d3riance was, 17 introduced ran tki e day o >f 18 ..._..,._ an d than five days °tklereaft:6r,i to i.,t, on ' .�...,.... -d+"e' b :....,.,...:.... 19 1.91 a t a regular of''sai.d Board saad Ordinance was; 20 duly 3 adopted by the fQllQ�s�ing,: vote;,. k" Ayes; Trustees: 22 23 Noes. Tru'ste'es: City Clerk. 27 Approved th is ....� day of ,19 , . 28 29 Presid'ent :of - the Board 'of Trustee of the 30 CitJ' of Santo. Ana, 31 - r3- /X -17 F 0 U RT 1-1 ST r % ,4 ,4 rN rn -4 ro I L W A Y 0 0 0 V 0 0 0 C3 rvi C: rn CP rl, M > ::z ri 81 Cj) --4 r) 0 o > > rR (P r) 0 > II CP = 0 ;u < > I 0 rTl -7 > ST r % ,4 ,4 rN rn -4 ro mkt Los Angeles, Cal. , x1k 1915 TO THE HONORABLE, THE BOARD OF TRUSTEES Gentlemen: CV THE CITY OF SANTA ANA. The undersigned hereby makes application for the right and privilege to oonstruot, maintain and operate an electric railroad spur oonneoting track to connect the lines of the Pacific Electric Railway Company with the lines of the Southern Pacific Railroad Company, over and along the route described in the form of ordinance hereunto attached, and by reference made a part hereof. A draft of an ordinance granting such permit and privilege is herewith presented to your Honorable Body for consideration, and your petitioner requests that your Honoeable Body adopt said ordinance granting said right and privilege to your petitioner, and your petitioner will ever pray, etc. PACIFIC ELECTRIC RAILWAY COLTANY By��' res en r, ORDINANCE NO. AN ORDINANCE GRANTING TO PACIFIC ELECTRIC RAILWAY COMPANY, AND ITS ASSIGNS, THE RIGHT TO COBSTRUCT, MAINTAIN AND OP -TRATE FOR TH9 TERM OF FIFTY (50) YEARS, AN ELECTRIC RAILROAD SPUR CONNECTING TRACK ON CERTAIN STREETS IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORiIA. The Board of Trustees of the City of Santa Ana do ordain as follows: Section 1. That the right and p rivi ]B ge is hereby granted to Pacific Electric Railway Company, and its successors and assigns, to construct, maintain and operate, for the period of fifty (50) years, an electric railroad spur connecting track over the route, and over, along and across the streets or portions of streets, in the said City, described as follows, to -wit: Beginning at a point in the center line between rails of Pacific Electric Railway Company's track on Main Street, distant 5.75 feet westerly of center line of said Main Street and 14.4 feet northerly of easterly prolongation of southerly line of Santa Clara Avenue; thence northerly along a 100 -foot radius curve to the left a distance of 21.4 Peet to a point; thence northerly along a straight line tangent to said curve, a distance of 28.3 feet to a point; thence northwesterly along a 235 -foot radius curve to the left, a distance of 82.2 feet, more or less, to a point in the west line of Main Street distant northerly 82.77 feet, more or less, from the nar thwest corner of Main Street and Santa Clara Avenue; thence northwesterly over Southern Pacific Company's right of way to connection with Main Line track of said Southern Pacific Comp any. It being understood that the grantee of this franchise shall have the right at any time within the life thereof, to make such change in the location of the track hereinabove described as may be necessary by reason of the construction by said grantee or assigns of a second track along said Main Street. -1- ...A..t �� ,v!+ Section 2. The terms and conditions upon which said right and privilege are granted are as follows: 1. The railroad construoted and operated under this right and privilege shall be used as a connecting track between the lines of the grantee, Pacific Electric Railway Company, and the railroad track of the Southern Pacific Company. 2. That. the tracks to be constructed and operated under this right shall be placed as near each other as a proper re- gard for safety will allow. Section 3. That said grantee, its successors and assigns shall use good material in the construction of said roa (1, rand the said road shall be built in a good and workmanlike manner; and the said grantee, its successors and assigns, shall at its or their expense, pave, gravel or macadamize the said road, between the tracks, and between the rails, and for two feet on each side thereof, where said road is constructed along or across said streets, with the same material used by the City and under the same specifications and itn the same manner as upon the streets across which said road runs, respectively, and shall keep the same constantly paved, graveled or macada- mized and in good repair ard as near as possible on the grade with the streets; all repairs and grading on said street or streets where such road or roadbed runs, to be done under the direction of and to the satisfaction of the Board of Trustees or the Superintendent of Streets of said City of Santa Ana, at the expense of the grantee of this franchise, its successors and assigns. In ease the said grantee,, its successors or a ssigus shall fail to comply with the instructions given by the said Board of Trustees or said Superintendent of Streets in regard to such work, then the said Superintendent of Streets shall enter upon said street or streets and do the work as ordered by the Board of Trustees;and said Superintendent of Streets shall -2 keep an itemized account of the cost of said work which the grantee hereof, its successors and assigns, by the acceptance of this franchise, agrees to pay upon the presentation of such account to said grantee, its successors or a ssigns. Its or their failure to do so shall be sufficient cause for forfeiture of said right or privilege hereby granted, in case said roadbed or tracks are not kept in repair as hereinbefore provided. Provided further, that the said grantee, its successors and assigns shall construct all necessary flumes and culverts for the free passage of water under the tracks where the same naturally flows and that such flurries and culverts shall be con- structed in accordance with plans and specifications approved by the Board of TrUtees. Provided further, that said grantee, its successors and assigns, shall have the right to excavate and remove portions of said streets necessary to properly construct said road and to erect and install apparatus, turnouts, switches and other appliances, poles and wires for carrying trolley, power, telephone and telegraph wires and other wires used by said grantee in the operation of said railroad. Provided further that said City, in granting said right and privilege, expressly reserves the right to pave, gravel, macadamize, renew or sewer any of said streets or to lay water, gas, or other pipes therein or to erect telephone and telegraph and other wires over and across said road, said work to be done so as to injure said road as little as possible. Section 4. That the further privilege, authority and right be and the same hereby is granted to the said grantee, its successors and assigns, to use electricity over said line of railroad to be constructed, operated and maintained and the privilege thereof within the said City for the purpose of propelling cars and trains on said railroad, or on its branches, or any portion thereof. -3- Section b. Provided further, that said grantee, its successors and assigns, shall at all times carry all regular and special policemen, police officers, firemen and letter carriers while on duty, free over said road, subject at all times to such reasonable regulations as said grantee, its successors or assigns, may prescribe. Section 6. The City Clerk shall certify to the passage oC this ordinance, and shall cause the same to be published once in the , a newspaper of general circulation, published and circulated in the City of Santa Ana, and thereupon and thereafter it shall be in force and effect. I hereby certify that the full number of the Board of Trustees of the City of Santa Ana is five, and that on the day of , 1915, at the regular meeting of said Board of Trustees, the foregoing Ordinance was passed and adopted by the following vote: Ayes: Trustees Noes: Trustees .Absent: Trustees City Clerk Approved this day of , 1915. President of e Board of Trustees of the City of Santa Ana -4- Q311 4 CC- B-7 PACIFIC ELECTRIC RY CO. REF SANTA CLARA,nY.-, Vv LD F--- p es +-2 7 SOUTHERN Off P5 c, ORANGE 5ANTAANA LINE PROPOSED -FRANSFER WITH 3,PR.R. SA N TA ANA r-loo, A-E,1152 MAP,31-1915 — 11 37.5 iIl W- , T N 7Y � 11)W j S" S 4, , m P F M. W. W. 14-- 1 NTA\\ CLARA AVE N k -? M.W.H. 14 (o C(- z 37-5 375 CC- B-7 PACIFIC ELECTRIC RY CO. REF SANTA CLARA,nY.-, Vv LD F--- p es +-2 7 SOUTHERN Off P5 c, ORANGE 5ANTAANA LINE PROPOSED -FRANSFER WITH 3,PR.R. SA N TA ANA r-loo, A-E,1152 MAP,31-1915 — 11 37.5 iIl W- , T N 7Y � 11)W j S" S 4, , m P F M. W. W. 14-- 1 NTA\\ CLARA AVE N k -? M.W.H. W 0 7- p RESOLUTION $0. 57-127 GRANTING A PERMIT TO WXTAZXo, .'�� AND OPERATE A SM OR SIDE TRAG ACROSS .,T l FOURTH STI=TSs WEST OF, B=DEN W, + q7; W11ERWv heretofore, on ApA 3 C, it,, 1907s the - .�W�� J'J� Ordinance No, 439 granting 4L franolai so to' It,* CT Kr ;,I th C construct and maintaist,for 50 years & spur. w aide, Vr4alk, and Fourth Stro eta, as hersinbelow defined* which said XrO4. a expired; and WECEF(EAS,t upon application from the 3outhom PWci:C .p,,QQ successors to the rights of J. M. Griffith Comp&Ay tho, ad Resolution Not 57-106 calling a public hoaring �Qn Oat renewal or extension of said right, for MA 20th,; notice of said hearing; NOW* THEREFORE., BE IT 1304,LVEM That't4,et C grants,, after public hearing hold on no K were no protiests, bids,, or offers received from, 4jV par t g� 't 'AA _ Southem Pacifio Qoxpsay,, a Delaware Corporation,, a Poralk"A n4ut lAt replace &Ad operate a: spur or side tracks," 1A the Olt 'AI County of orange, State of California,, the center lIno,'*,pr;;,i1 'q is described as follows-, Beginning at a point in thq• northerly, 11no,of Fourth_ $tr apt 80 feet wide, distant' westerly thereon 234 'fost':-Mqr& 0 lose from its intersection with the- iortherly,pr9l of the westerly lists of Broaden Street; _'thenoo acAithorly, in 80 feet to .a point ill the South* 1 line- of, said thereon rX mo . ro, less;"'I Street distant waster4 2 feet." pa 'A its intersootion with the westerly .line of -said *Bro.od th pA,:-��'' Street; ence continuing southqrly.acroas privatf proporty.,-;._,� to a point in the northerly line of Third'Strost,, 661fe t wide, distant westerly thereon 234 feet, more or.1*0.4�. fr'M,`,, r00 OZ. - its intersection with the westerl y line' of 'said 'R ' d Street; thence southerly 60 feet to'j,& point 14 the %,puther- ly line of said Third Street' distant iloate;rly thergo;% 234 feet, more or less, from its intersection with't4 .4,outher• ly prolongation of the Westerly line of said ,b?* d _0 on Atr let, subject to all of the toM;• and 00nditi4g Af gf-said Ordiwo 0 and all of the provisions of Artigle XIIX- of thp Chartar at' AA of Santa Ana. _W PASSED AND ADOPTED by the pity Council 9T the vu at its regular meeting. 4old,qa the 20th 4 �$4 1110 7 n"A ATTEST: il CLERK OF -THE COUXOTL STATE OF CALIFORNIA ) ; COUNTY OF ORANGE CITY OF SANTA ANA ) I, ERMA HUNTER, do hereby certify that I am the Clark" the' Council of tGe City of Santa Ana; that the foregoing Resolution' regularly introduced to said- Council at its regular meeting l�ld orb the 20th day of % , 1957, and Wfa at said meeting r'spurlT passed and adopted by the following vote, to -wit: AYES, COUNC ILM$N: Rural T. bubbard, Staaley C. Gould A. A. hall, J. Ogden 1 arkel, D440. .. . ,., NOES, COUNCILMEN:. None ABSENT, COUNCILMEN: Nan WC CLZW QV a Y r i`•4 ! A ' +Ir•Y'1 Wa� � f 1 • , -iu, t -��: f -' . k � rX, ,Tye RESOLUTION NO. 57 -106 DECLARING INTENTION TO GRANT A FRANCHISE OR PERMIT FOR THE MAINTENANCE OF SPUR OR SIDE TRACKS ACROSS THIRD STREET AND FOURTH STREET, WEST OF BREEDEN STREET t _ - 4r YEEREAS, heretofore by Ordinance No. 139 the City of Santa Ana granted the right to construct and maintain a certain side or spur track across Third and Fourth Streets, as hereinbelow described, which said right is about to exprs; NOW, THEREFORE, BE IT RESOLVED, and the City Council hereby declares its intention to grant to the Southern Pacific CoR3wW, a Delaware corporation that has succeeded to the rights granted J. Y. Griffith Company, by Ordinance No. 139, the right to mai.nt JA, replace and operate for 25 years, railroad tracks in the City of Santa Ana, Califor4a, across said public streets, theceater line of which said tracks is described as follpwas Beginning at a point in the northerly line of Fourth Street, 80 feet wide, distant westerly thereon 234 feet, more or less from its inter- section with the northerly prolongation of the westerly line of Breeden Street; thence southerly 80 feet to a point in the southerly line of said Fourth Street distant westerly thereon 234 feet, more or ]s ss, from its intersection with the westerly line of said Breeden Street; thence continuing southerly across private property to a point in the northerly line of Third Street, 60 feet wide, distant westerly thereon 2311 feetp more or less, from its intersection with the westerly line of said Breeden Street; thence southerly 60 feet to a point in the southerly line of said Third Street distant westerly thereon 231 feet, more or less, from its intersection with the southerly prolongation of the westerly line of said Breeden Street. NOTICE IS HEREBY GIVEN that at 7230 Ply on May 20, 1957, in the Council Chambers, City Hall, Santa Ana, California, is hereby fixed as the time and place when arA where persons having any interest in or desiring to object to the granting of the rights herein set out may appear before the City Council and be heard thereon. It is proposed to grant said franchise under the terms and conditions contained is Ordinance No. 1139 of the City of Santa Ana, subject to all the provisions of Article %III of the Charter of the City of Santa Ana. PASSED AND ADOPTED by the City Council of the City of Santa Ana at its regular meeting held on the 15th day of April, 1957• ATTEST: LERK OF THE COUNCIT STATE OF CALIFORNIA COUNTY OF ORANGE SS CITY OF SANTA ANA ) I, ERMA HUNTER, do hereby certify, that I am the Clerk of the Council of the City of Santa Ana; that -the foregoing Resolution was regularly introduced to said Council at its regular meeting held on the 15th day of April, 1957, and was at said meeting reg- ularly passed and adopted by the following vote, to-wit: AYES, COUNCILMEN: J. Ogden Markel, Dale H. Heinly, Milford W. Dahl NOES, COUNCILMEN: None ABSENT, OOUNC.ILMEN: William Jerome CLERK OF THE COUNCIL FILED MAR 2 71957 TO THE HONORABLE, Al _; ,,.MIN.,PAST M THE CITY COUNCIL OF THE CITY OF SANTA ANA: CLERK CF THE COUNCIL The undersigned SOUTH PACIFIC COMPANY, a Delaware corporation, hereby respectfully applies under Section 7555 of the Public Utilities Code for the right to maintain, replace, and operate for fifty years railroad tracks in the City of Santa Ana heretofore constructed, maintained, and operated under City of Santa Ana Ordinance No. 439 in favor of J. M. Griffith Company whose rights thereto have been assigned to applicant Southern Pacific Company. Said railroad tracks are used for the transportation of property by rail from and to the area lying within the City of Santa Ana and elsewhere in the State of California and in interstate commerce, and are integral parts of the railroad transportation system of the Southern Pacific Company which is subject to the jurisdiction of the Interstate Commerce Commission and the California Public Utilities Commission. Said railroad tracks are standard gauge railroad tracks as now constructed at grade in the City of Santa Ana, County of Orange, the center line of said tracks being described as follows: Beginning at a point in the northerly line of Fburth Street, X30 feet wide, distant westerly thereon 234 feet, more or less from its intersection with the northerly prolongation of the westerly line of Breeden Street; thence southerly 80 feet to a point in the southerly line of said Fourth Street distant westerly thereon 234 feet, more or less, from its intersection with the westerly line of said Breeden Street; thence continuing southerly across private property to a point in the northerly line of Third Street, 60 feet wide, distant westerly thereon 234 feet, more or less, from its intersection with the westerly line of said Breeden Street; thence southerly 60 feet to a point in the southerly line of said Third Street distant westerly thereon 234 feet, more or less, from its intersection with the southerly prolongation of the westerly line of said Breeden Street. -1- The above described tracks are shown in red on the attached drawing entitled "'Yuma Divfn DrawIg A -4612" dated July 5, 1956, which is incorporated by reference herein. 141HEREFORE Southern Pacific Company prays that an appropriate ordinance be adopted by your Honorable City Council granting the rights hereby applied for in so far as you have authority to grant the same. 1� DATED this day of k , 1957• E. D. YEOMANS ROGER N>SULLIVAN By AlKorneys for petitioner 670 Pacific Electric Bldg. Los Angeles 1L!, California -2- d Po (J N fun W H 60 4( �- %s^°•�` 439^ O 60 m r W uI ' p O ter• c c' 34 , r:,� =68 +� C7 o •` _ Wl` `J �'/�L °\ (�1 ' « 532 -t C. 14 ° s ' Tw ,�� • v 7bt85Y I Z x. ,�.'!I ' •1 w vC`T �\ p 404sA� / 4/! 439 2 X63 /v � SQ "� tic �,� r1 ^ °' 1 � �• -r39s> ��. \ \ F m a • W 00 PV T� 0P� X09 30 �i/ '/ ,� o on _ ✓`� .�' • F . l 27 y r k f o z r 0 vim` 9� T 106, 293 -113 G1 S, Y �T r j O � yc �i 2 6 t�. t. i r8, ww, ws.. ��o-�a�srv, �m�nxiu. �+ a. Y��P. n; �a. mnm�:+, �. �a,.+.::§:. �mM 3�a;�k'dYlaurwb.w..km�&;:.'�& .o „��, - -,.. �pw��, .. ,:. �.,.. �,...�.. W . ...:........ w � .i�iii� it,�"'i�E9°�":53 '�:s�t'4rra'�'tn'� �rti �iw1,r, 's .�,,:.i. a .__.,.....�.c f (3) The a*miesion reserves the right to uoLke enah further ardeiv relative to the 100atiOA, oonst=4 Ion, op oration, maintenance and protection O-f said OWOe ing 02 to it my geez right anlL papa` x and to revoke Its PoraMIASiOn If, in Its n n , the pOlio convenience ence neaes ity demd sla h Sotion. Delted at san ranoleeo, California, this 2 day of February, 1916, H. D. loveland O � �i jUex Gor don -ptdwin 0. Edgerton link R. Devlin 0 N• O 09 c-F rb c - CD N (D Fd O ►� N m O � H rrIn � r='n 5 c`f'_n ( fb c+ 0 0 0 cn o y3A ME C:) F- p a a n C O d Fb O Pi N• +o �•{ n (D CO fit 0 ; to O Sm 0 iV 0 m '_ r� N• �' F-b PCDc+�Kin n 5 cn m ci- Fd O �► =n r CT � � 0 Ci H chi- 4 � a N 0 ,0`j' H- Z C �+ z0 4n CD c+ W ', d cF tom• 45 M z con p Z a o n to's To they ITonorabl:,- City Council, City of Santa Ana, California The undernigned, Southern Pacific R.R.Co.j a oorporation, horaby mrtk s ap-,-,lioation for .franchise to oontit.ruct, operate and maintain a., railroad spur track across the intmrsection of Vinnis and Walnut Streets, in tbk,,,, City of Santa Ana, California, along and over the route described as follows: Beginning at a point on private praparty in the u�,mter line of the, Southern Pacific R 11 Co. b in he rity of Santa Ana, distant southeastel-ly 71 alonp- t1h.-e aforosaid conter ito lxntt�rsoctivn with tho 7;'.Anat St resat ; thenae nor lrmgular c-.anro onnotwe to itn lnt,rraection 4'!•��, z."Unut r%raet, said 1>;oint. 70 f:Ie't noro or le3<1 measu. liv"-i of Walnut IS of 15alnut and t,"inni ,.anatructed main track of the .tween Walnut and Pint,, Stroets I.alifornia, said point being )et mom or lut5a memsurf:d line of main trnck from ,he JLil'10 Of hart -,Otorly alon.- an t"v� weat 71.5 feet to i,for,cm-Ad linr of (A.Stant eauterly .,ed s,,Llozir, the aforesaid -vent frorl th'o�� 15 %Utheastvrly north- welstorly aoroza th,-,, intoraect.Aon of %',rsidnut and Ifinnif! 1.3treets, tam-ent to thti. least: ciesicribad c�.xve 117.5 ftiet nore or lojst� to it"�,*i in"'crueat"ion with tho vieStwarll-;; lint�, o'� aforveate 7!'inrio fltrekq4t; naid point b�;I.nf',r distnrl. northerly 43 fk�-oit more or less movisured alon,-, t�,je aforesaid wesxterly line of "Tinnia Street from the northvesterly oornor of ",Tinnie t.m. '%'F�lnut Strects; tb,�,mcln 6.-. x across I,ropertv 13 more or less t - thi, 'herirnin-,r of a ourve t,:,, tY,'� aast; '.h�onco nortiva�.,aterl'v RIOrls, sald last n° ' vt.ioned curve 92 fwjet mrro or leen t-, its int,,,rf3iotlor. vrtf?- tl�e of "•tt :4,nt ft.r.e west', alli.y in Plock P of Patle-a Addition t; tvms.n Evergr� -or. If"Innie Streets, said point beinq distant wasts.-,-rly 43 feet more or It se reasuv)d ilom-, the aforesaid 8(!utlherly line of UII.ey fron ita I.r.tarsection with. the v•atr.*"rly lin?a of 111.irml,� Stroet; thence continuing north- viesterly alone the "brief rl:.�ntlonqd. ourve across the aforesaid, alley 1.15 f',',,!et more or leas to, its inter- laaction vit., t)iz northt,lv mc li of th, iforesaid uEleyt un ie point b¢-I,r),('7 dist.ttrit vieaterly 47 foot more or leas m-ausurvd alon,7, t)nt, aforesaid ncrth�3r- I.,V lirlP- of alle.-v from Jltz intersection the 'Lin,) of Street,- t�ierua fj�rt nuing acroz34.4 privatt; propert"'- alom- ItuA rq' '.Intioned ourve 136 fi�et moi--, or less to tho en(J of A map or diagran in d*�tnjl tho lco�-Ation f rail mad s*,.'.ur trac', .;,.brave d9scribed, and all stmeta, alleys or otf-eI7 pLiblio places or portion,,,) t�,.ereof, upon along or across wh"j-, ths 10 proposed to be constructed, and t h t 1 T) 1. 4 - of all the abuttin, uj orl such public. streets affecteri, Is Yeraunto annexed and made a I.aaxt of tliia applic at' ion, vsherefore, peltioner -1 praya a that. ulcl fr;,�nchiae bt; P,-rantt-d an heroin atp,pli*d :for. S")U'(TfZRTI PACIPTC, R.R.Oo. 13 Pated. December 30th,, 11:-115, Sup-�rint twndent T,os Ca'llfornia. 11 Sj- 0 7�7 i/ a (1. a I � N �a �I �� I � IP /4 y".C`,y -�� '` °,,,,ice ; � pr �, �� ,: Ifioz:�oa �7"�•�T"�`•��rm� ---.�. (i 43� 04 vS -7 "N j7 ji IN 0 �� fz Dated at Stm Pranoiuco, California,, thia lu da, of 3optomber, 1914 0 J9hn. &I w N Pi CA co hd cF N N • 0 0 ;U d Lo (DF1m0b0 H 0 d4 ct v m O y Z 3 rlm z ;u z _ n " mo 0 x on 3 4 o � z 0 r-n n m + m a ct r-n cc�� m 0 O y o N z M Q to �, o P, H-, d H C a 0 r C �dmp000 cf- m CD 0 z a co 0 p � r— n a w N Pi CA co hd cF N N • 0 0 ;U d Lo (DF1m0b0 H d4 ct PD cil rlm R0 0 W�HJ ct cc�� m _� y o N M Cat t� 00 H to �, o P, H-, d H C a r C �dmp000 cf- m CD 0 0 a co 0 p � r— n b CD Fb a) C+ o M(,D z F. R. RAIN, PRSB[ns >rT wNn C}[ex•e \Iwxwa s[L • Oxt,ICSe C. F H. AZNLEY, 1BT WF [ "LC:tc- PREBIV6NT FS1O -0317 TIT LS INBURANCB 13v ILDIxp .. F. BOARDSIAN, '_'.xn ["LCS- PRSe[osxr LOB AM1'pILLSB I'll EDERICFi N. AA[['F.9, TRSaen RS[r lV W H[TT[ER NATIONAL ANK F3[T[LDINp ALTER 8. 1i[;FAI2LANLJ, s. B �V BLTT[ICR, OA L[80RNIA SOUTHERN COUNTIES GAS COMPANY TO THE BOARD OF TRUSTEES, CITY OF SANTA ANA. GENTLIMEN : - The undersigned, SOUTHERN COUNTIES GAS COMPANY OF CAZIPORNIA, hereby bids $100.00 cash for the franchise to lay down and for a period of twenty --five (25) years maintain a system of gas pipes in portions of the City of Santa Ana and during said term to carry and conduct through said gas pipes, mains and conduits, gas for light, heat and fuel, in accor- dance vrith your published notice of sale of said fran- chise, dated December 2nd, 1912. And you will please find enclosed here- unto certified check No. 2904 for the amount of said bid, payable to the Treasurer of the City of Santa Ana. Yours very truly, SOUTHERN COUNTIES GAS COMPANY ? J 11 ut 6V 'Awl 0 t.,,10 ty of :'lanto. na, as V t i I u,,-,to tho 0', r- hr, I (i a Y, t j i j to Dl, (I o Ct c j r of na, for %7:11-2ie. ne nt vj, i, I n� I r _i to d v: c b J. n, ci oar cC 0 J:.._ rs c- to r .nd C;filan l.t r _Y, ,-,ealed this y 0 4 .7c, j In , Ie r of 0111- and I'v.-olve th'D sl' ,dq. har ntu do -I :' 4-(-, r 0.1 ardl 4 4 I T, C. + -h c fj - j t i J (I i f y - iAlic; -,-,-4 Ij c) d b Or,.l T!-- ce iio r Ci T , t ll( con�l r i. j to, J j , s lic 4 4- U r T, 0 -f. t� ( 4' Uj'je Vy)r tic)" to th o r,�lblj,J and .; �7 rO rill r(-� rd i n, CL, c r 0 f- Or -Irm,11not door C Cann, viorh, by v,,, hi c b. n "7 n, f4 r ar ) tlr, r r,ncori rC CF, i VC- j . , C) C. u U J--"r i i f nt, w, 111,11me C i t y of art raz COTIT)AI-Y Of �DrIsnE.,,e -- 1..' i a s,�Iws That he i-,-, c-" rr^jclent t �-i i d cl a i) o 1 e r v,; I t- to t I Ia 11" V"orth t-I'le sr('cil'ied in the -enulty thereof, over and' above all just deb'M undl liabilities,, n-clus,-vo of -o'rorovty eT.empt from e-, -Xe c. ut i on • u-b s c r 'bed and cv'I ;rr, t.-) b(-fore me. tti 15 0 f (la r till), le I tat o' and fa s sure ti e- to IL.-h -"'Ore, -o iri�- !,on (I, b(-, i n,- IA r t cl ul y sv,,orri s,�Iws That he i-,-, c-" rr^jclent t �-i i d cl a i) o 1 e r v,; I t- to t I Ia 11" V"orth t-I'le sr('cil'ied in the -enulty thereof, over and' above all just deb'M undl liabilities,, n-clus,-vo of -o'rorovty eT.empt from e-, -Xe c. ut i on • u-b s c r 'bed and cv'I ;rr, t.-) b(-fore me. tti 15 0 f (la r till), le I tat o' 1 UHDINAND R. F3AIN, C ;— ..., Al—.. . CHA11LF9 FI. DICKEY, 1em Vlcit -Plx ramsrvm C. H. AINF.FY, 2xv Vlca- Pnxcalv�xx 1'REDFRICK N. HAWES, Tlxanavxsx WAI.TEH S. ATCVARLAND, Sscres ... of - , .a C314 -01 i TImLB 1N[iun -cm IiUII.m- 1,,,a Aw... a SOUTHERN COUNTIES GAS COMPANY TO THE TRUSTEES OF THE CITY OF SANTA ANA. You are hereby notified that the SOUTHERN COUNTIES GAS COMPANY of CALIFORNIA accepts all the terms and conditions of Ordinance No.553, and agrees to be bound thereby. Dated Feb. 7th -1913. Attest: SOUTHERN COUNTIE�" CWMff a CALIFORNIA BY t Vice- Presid t Secretary. Affidavit of Publication In the Superior Court of the County of Orange. State of CalifnrnUL NOTICE OF APPLICATIW9 iNCJ 14ALE OF 0RP Ndmisa. ' ' NOTICE I°- HErtHBV D V`EN, That an � application has been inade to the Board Ir f Or of Trustees of t$e -City of Santa Ana, County of Orange`, State of Ca.iifornia, by the SOUTHERN COUNTIES ;GAS COV- FANY for a certain franchise granting the right to lay down; &nd, for'a period.of - - -- - .. 25 years to maintain a' 'System of gas PttlP�. pipes in certain, portions of the . C. y Of Santa Ana, hereinafter mentioned, and during said term to carry and conduct tl ...... Q1, sa.id gas Dine: mains and conduits STATE OF CALIFORNIA County of Orange ss. Bing duly sworn, on oath says: That) lie is a citizen of the United States over the age of eighteen years, and is competent to be a witness on the trial of the above en- titled action, and is n..qt a party, ther That lAle is the" —It "��2...of the printers and publishers of iai4�4 EGISTER, which is a ... newspaper of general circulation, printed, published and circulated in the said County of Orange, and is published for the dissemination of local and other news of a general character, and has a bona fide subscription list of paying subscribers, and said pa- per has been established, printed and published in the State of California, and County of Orange, for at least one year next before the publication of the first inser- tion of this notice; and the said newspaper is not devoted to the interests of, or published for the entertainment of any particular class, profession, trade, calling, race or denomination, or any number thereof. 4,� K� �' 7 v✓ . ? /. . of Nvl Jh the annexed is a Tinted copy, was published in said newspaper at least en from tcolll m e ......... clay 191 ?. , and ending on the X. . day .......... . 191 both clays inclusive, and as often during said per- iod and times of publication as said paper was regularly issued, and in the regular and entire issue of said news- paper proper, and not in a supplement; and said notice \,vas published therein on the fallowing dates, to-wit: vj :.(�.. 1. l �..... shall be of good material ana woricxnax,- prppux Unxu,a, s ship, and of spfllcient size to supply all -cessors or assign persons residing along the: lines of said ceipts and gross pipes and pipe lines, who may desire to 1 ceived, or in an; use the same, with an adequate supply of I rived by said g1 gas for domestic" purposes, and that the assigns, during gas " to be furnished and distributed 1 months, from gt through said pipes; and pipe lines shall be gas sold and Coll of good fluality, free from all injurious in- of grantee and gredients, and of .sufficient purity to be business done b; suitable for domestic uses, and that.'the sors or assigns grantee of said.franchise, his, or its suc- business covered cessors or assigns, shall upon request City of Santa from any peraon.residing, along the line, (15) days "afea ;a furnish said gas'to two or more dwellings aforesaid statem within 350 feet, and to five or more dwell- of said grantee, ings witliin' 700 feet of any of said pipes signs, to pay to I or pipe lines of said. grantee, and upon of Santa Ana, th payment of his, its or their, reasonable percentage upon charges for making the connection .and annual, receipts for furnishing gas, furnish to such person operation and I an adequate supply of said gas for do- chase, and which mestic use. ing to the said That the Board of Trustees of the City sources, determi of Santa Ana shall have the right to reg- I manner hereinbt ulate and fix the charges of said grantee, any neglect, omn his or its successors or assigns, for gas grantee, or its furnished and distributed through said ,i,e" sales verified pipes and pipe lines, provided that the percentage of tl rates so to be fixed shall be reasonable ceipts, this franc That the grantee of this franchise, his, niinate, and all its or their successors or assigns, shall ed by said Cit3 have the right to construct and malntaiW but the right of such traps or manholes as may be neces- collection of su sary to afford proper access to said pipes main, and the s; and pipe lines for cleatling and maintain- cording to law. ing the same, and said traps and , man- That the said holes &hall at all times be kept flush with assigns shall the surface of the highway, and so located after said franc] as to conform to any-order of the Board I the ,Board of of Trustees in regard thereto, and not,to l Santa, Ana, a b �!' . .......... or less In W17 cur curb line in al during the laying pipes, any trench • • . • • • • ' �' ' ' • ' ' that purpose. shal sunset to sunrise, \ � � f tected by lantern: .... .. ' : �� not more than 10 trench or excavat I That on twenty SUl)SCrlbed a l Worn t0 to Trustees to Ana, , that a whereon a gas m said grantee. shal along the side of the be within 15, feet from 4-all big a 60 feet hway ud'- wlttxin 5. feet from other streets, and that r repairing of any gas r excavation, made for at night- time, from ie barricaded and pro - placed at distances of :feet apart along such n• 30) days notice by the ,f the said City of San- ,treat is to be paved, Trustees so to do,.saxa grktUL- tend, at its own expense, its gas mains and service pipes a distance of one hun- dred (100) feet for one - consumer, two hundred (200) f((gget for two Consumers. three hd sumers,ufour hundredf(400)ofeet for four consumers. That the work of laying or repairing any gas pipe or other appliance, shall' be conducted with the least possible hinder-' ance to the use of the highway for pur_I poses of travel, and as soon as the laying or repairing of any pipe or other appli- ance is completed, all portions of the high- ways which have been excavated or oth- erwise injured thereby, shall be. Placed in l as good condition as the sa were in be- fore the laying of such pipes,.or other ap pliances, to the satisfaction' of the Board of Trustees of said City of Santa Ana, and that any damage or Injury suffered by any person, by reason of an. excavation being improperly guarded durin,r said Nvork, all be borne by the grantee of this fr nc ilae, his or its successors or assigns. That the City of " Santa Ana reserves the right to change the grade ,of any .high - way over which this franchise is granted; and 'the grantee of said franchise, his or its successors or assigns, shall at once change the location of All pipes alid otk�er appliances laid hereunder, so 0.8 ,ta e1CM- form to such change. of grade: That if said grantee, his or its suc- cessors or assigns, shall fail to comply with any instructions of said Board of Trustees with .respect to the location of any of said gas pipes or 'other appliances, or the repair or any damage to highways, within ten days after the service of Writ- ten notice upon said gran ee, his, suG- cessors or,assigns, requiring compllan e therewith,., then said fpar6 ef. Trustees may -immediately do-`wiiatAvelx. work!- is -..♦. —1T' inctrnetl(ins. agrees to' pav upon demand. That no deposit:, for. gas meters shall be exacted or required from the owners _.� .-lo- i,,;'tile• grantee of this fran- 101 TO THE HOTTOTIBLE THN' B0I76D OF TRUSTS -- - -S OF THE, CITY OF SldITA JUTr�, ITT TAT], C01J1 TY OF OF�i TGE, STATE OF C1J,1 F0--=IA. Your petitioner, the SOUTHr.:?ST COUETIES GAS COY11111TY, a corporation duly organized, existing and acting under and by virtue of the laws of the state of Califo rria , prays that a franchise be advertised for sale in accordance with the statute in such cases made and ;fir. ovide:d, granting the right to lay and maintain in the streets of the city of Santa Ana pipes for the distribution and sale of gas for heating and it _urnin «tin; rur-- roses, and to manufacture, distribute and sell gas for such pur- poses throughout said city. ResrectfUll.y submitted, SCUTHER-11 COTIZIE6 GAB COMIPAITY, Its President. A T TES 71 V� Its Secretary. ,,"T0TV'F OF A7,111LICATTOTT ArD FIALF OF rRAT"I"V Amen '10TVIT-7, TI TT_7r-rr-,Y GT'7T7IT That an arrilo-vitior. has boon ziade to , t. 'W the 11,oard of Trustees of the City of 2�anta Ana, Co-cmty of Orarv7e, State of California,, bi the 170TIT T' 1077ITTEV 0AS o' , for m. certain frano'hise ErTanting the rily,lit to lay dolor, !U.-Id, for a peri(xi of yearo, to nn.intaln a ciynter., of Ciar,, riPOs in certain portions of the City of Sarta hereinafter nxntione(l, and d-urinC said term -to carry and conduct through said rf ,as pip e main conduits and onduitv oor,�meroial ;ass for light,, heat ;Ind fuel,, togethor with -.crtain Roppurten- ant and in,31dent rit,,hts, and that it to rronQse(,, oy Doa:rd of Trust eez I t o off or for sale rind ;rant to the hi .hest bicI.,ler imid franohises UPOT.1 V'he terrizo and conditions 4creimafter z,,cntioned. 07r id f7an,,.hisa is� I des-'ribed 'as follows, to —Wit: fr.-ino-hise to my -aov�nai ami "or -, rcri"cv,11 of _..7'Wj _.. years -ei-- of ,sas r4ros unaer and alon,�� v)s streotlo., allcys to maintain a oyet �A �� - and highways within the City of Santa Anal ^tatc of ('7kli'40rnVD,* To ether -,aith tho ri�ht, dur4m- *M3 � 0. nlerjod.� Vo i.,anufacturc, and to flirnioh and to distribute gas throu-h 5,-aift jApen am-i wipe linen un.dor and along all the street, $, alleys am! to psrz�ons f ir .ti% v a n for I irht � fu al -rund. ro-xcr, and --orrorat ions in sald f',14,v of �,. ;',* - and t o collect rents, toIll',j obrtrrcs for the .1,41 1", � XI o , ur n i 0 hz�d in t I c City cf!' �',,,,,_nta An as That I.-he conclitiona it-or v-hIc's", rnid frana'llii e 1,7ill be of,fared for sale and qrrmtod, arc a follmis; r,a thc r;rr- ntsi of said franchise, or assigns, Zjy�Lll be requirce t o file. a, written aiocptr,,ar.00 4 JL I ^ W � of c t e r r.. s a. n a ion al it i o i i a I �, e r e 0 f i t h k o c ', R 0% 1 � I -� f T r u, -,,, - " - (,,, �,, I Ilasvvmp�e of�' the, t3f aai�!, city of oanta ��,na, -,,,I,thir, C da:,rr, af Or;�,Unar,,:is irrant ini,-,; the That all +Vllc nIPLT-� -,Ind PI PO lirtLs t;o 0.rN jm.i- ,,n0. under thiG franc-Abiae aluill be Of :700(3 1, . � suf-fi;3iont size to persone resiclizv, , , e I -ju pipes and pipe lines, v. aay -ho � deli te "I00 U3 zidm 0 the �es supply of gas for domestio purposes, and that the gaz to be furnished and distributod through said pipes and pipe lines shall be of good quality, free froa, all injurious ingredients, and of sufficient Purity to be suit- able for doi,aestlo uses, and that the arantee of vaid franohise, his or its ouooesoors or asaigns,, shall upon request from any -n.,erson residing along the line,, furnish to said gas to two or inore dwellings within 350 feet, aj to five or g;oro dwellings within 7010 feet of any of �7.aid pipes or pipe lines of said rrantee, and upon pay�ment of his its or their reasonable charges for making the conneation and for furnishing gass furnish to such person an adequate aurply of said has for ctorpiostiO USO* That the Board of Trustees of the City 017 Ma.', tai. Ana 81"R11 have he right to Temukate and fix `.-,be Charges of said 6rantee, his Cr its successors or assigns,, for gas furnished and distributed through said pipe and pipe lines, provided that the rates so to be fixed shall be roaaonablet That the grantee of this franchise$ his., its or their suncess- ore or assigns, ahall have the right to construct and maintRin ouoh traps or manholes as way be nenessary to afford proper acoeas to zaid pipes and pipe lines for cleaning and viaintai-nimr, tbs, ,,,,nznes and soid traps and manholes ohall at all tic,es be kept flush -nit'h the uurfaoe of tIhe hichway and so located as to conforM to any order of the Board-) of Trustees in ret.$ard thereto,, and not to interfere Nvith the use of the hilghway for travel The grantee of 'Whis franchise., his, its or their suooc,,, scrs or a:7.signs., shall have the right, subject to such regulations as are now, or may here- after be in force, to make all necessary ex-avatione in said highways for the oonstruction and- repair of said pine lines, traps and manholes* That every -rirc- Irtid or maintained under this franohise shall uhc' Board 0 be laid not peas than 18 inches underk,,rc-i)nUo c,Ld �lnlazn f Trustees shall otherwise dirsctj shall. be 'laid alone, the, oizlo of the hi,,,-,,b- way, and shall be 15 Poet from thr, prcrcr�Y li-r90 So feet or lose in width, andi, -within 5 feet Of the ourb 'Line in all other streets, and that during the layinS or repairing of any 6aa pipes, any .0 trench or excavation made for that PUTPOse shall, at night tL,,ies fX041 4-A sunset to sunrise,, be barrioada"* and rrotooted by lanterns r plRoed at distances, of not more than 100 feet apart alone a' oh tranch Or anoavat Ion. That on twenty (20) days notice by the Board of Trustees of the said City of Santa Arm, that a street to to be paveds whereon a gas main is already in riaces said grantee shall forthwith extend Its service pipes to the OUTb in front of each lot on sRid street, not already so suppl I ad. That when notified by the Board of Trustees 00 to do, said grantee shall extend, at its own expense, its gas simian -Tend service pipes a distance on one hundred (100) feat for one connur,,:erj, 2 two hundrea (200) feet for two nonoui,Xre., thzee hundred (ZKO) feet for tbree oonsuraers,,- four hundrelft (400) feet for four n.orzun.ers. Thel, the work of laying, or repairin.& any gn-.A pipe or other appliance, shall be conducted with the least possible hinderance to the use of the highway for purposes Of travel, and as soon as the laying or repairing of any pipe or other appliance is COMPIOtedt all POrtiOnO Of the highways which have been excavated or otherwise injured thorabys shall be Placed In as To ,,ondition as the same were in before the 1&ying of such pipes = other applianoess to the sat isfaotln-n Of the Board of Trustees of said City of 1,anta Anno nnci that any dau.-Rne Or jn�ury suffered by any percon,,, by reason of an excavation being improperly a�uarded during said work, ;iball be borne by the ,rantztn of this franohises his or its success- 21 ors or ass aigna, mat the (,'Ity of Santa Ann reserves the right to change the Q� grade of any highway over which thI% franobise io nd A, he ,antes ant *0 r 60 of said franchise, his or its auocessorso or a9zi7no$ shall at once char the location of all pipes and other apriiances tat laid hereunder,, so as to conforw to such khan of grade• 380rs Or aZqi9;n9 shall That if said grantee, his or its eu,,Ge, S fail to oomply with any Instructions of uacid Bond of Trunteas -rith re- spect to the loontion of any of said iran pipes or other applianoess or the repair of any daisago to highways, within ton dq_vs after the aerviae of 40 written notice upon said grantee,, Ilia zua06,:,Dors or asei�ns,, requiri,11o. compliance therewith, ther, 3aid Board of "Liusteas xay imraediately 40 whatever work Is necossary to carry out said instructions., -:i,t the cost and expenec of aaid grzntec, his or ita vuc�cczsorn or a6signs, which cost,v by i-ttonleptarce of this frannhise,, zaid grantoe't his or its Sua- ceizoro or assigns, a-rose to pay upon der,=4. WA i That no deposit for gas motere sh-rill be exactccl. or re- quired from the ov7nerz of dwellings, by the grantoo of tlliia ae security 'Jor tho retvirn -,,,)f C,-,riv metero, or as ef- ruritv, for tlie pay— merit of rates chnrZvd by snAe. rrE..nteo to s;,Ad owners of rroperty,, provideO ljowevcr, thaat said grvantce may exact a rceLe�onatble dero%it frz from routers of real property uzinrgm the gat of -aaid grzntee as security for ruster and Can rates . chow red, not exoecding 0- derooit of f. Z" "0 ' . That the said rrantee, ant its uzziann shall be liable for any damage to persons car property, caused by, or in the construction or maintaining of said gas pipe or plant, or layinc- to-F.Ad piric line Cr gas tA lines* and chall hold vivid City of 57anta Ana harr.Ic�r frov any and all damaZe to persons or property cocassionad tberoby. "'hat the nsid -rantee, ,-,.nd lhiz. or its vicoe� r a a a C.; a T lw� to �" .,),r a C, I n shall, alurin� the life of c�atd fr ,Pohieeq pay to th,J City of 9,,tr.t'- Ana in lawful znoney of -the 'United �!t�tea, two psr. ^cnt of t2 he �roek"l annual receipts of suoh -rantee,, r.ndl his or ita zuocezaora, or assigns, arising from the use,, operation and' po.,,raeeslon of zaid 'fraLchiae. Tate first r,.ayment Of sucb percentage shall be for the period :,f cria (1) year follo-wing the of thii Ordinance thia an ther,,�aftcr annually durin�- t1he life *j"' this frnnnhiae, V it be grp.ntedl to a Person or -.orpora-tinn exerniaing ri�-ht.'-1 alr,7rdy on the at 3tracto of said. City, pr the renewal of a 4'ranlohias elready grant 6d, Otherivise said payn. onto nil I 714-ra zz"*ttr he :-ranting 4- of said franihiae to any peraon or corporation nfuer the passage of an ordinance zrantin.r, said franchise, and annually thercafter during the lifetime of acid franchise. The amOunt' Of the t-'ross roccipts of .`4-k11 o person or corpora. tion to vthom this franchioe is granted or aioruru'ed., arising, from, its use, operation or roaaoi-sion,, be owoz.,iea ,-,,,na understood to bu the t a l , .,ro.33 uarntng* ocililacte4 or receive%! ax Iii any i�;annf,--r gained or dexive-A' by thi. rant of thin 41-A.,anchiao,, or Its auoaeasoru or aozlens, frol"I gas olharges or rated aharZed for the sale an4 consumo ion. of gas or gas product, uzed rtnd conau o" within the corporate !U-Uta of than City of Santa Ana, 1 4v- 4hall be; the duty of th�; &r ant - ce,, Its oucceasors or aavignz, when such peroontage IV-oco,wes payablos, to 4"i1v 'ith the Clwjr Clark of t.L'%: City of Surtta Anap ut tht expiratic),11 Uf one ',16 ax frOyll the puuioagpe &-.'tnd pu-Ulcation of uaid Ordinanoe 6, rant inV, avti4, frainchise, and at 1'.:ie expiration of eaoh 4ad. every year thuruaXter the III&C of 4;4icl fxa%nohioes' a *tFlUakent veriffied, by *�!'Ca C8waYr U'1' t"'I'le proper officitale of iirid gx;�.nl-ooeq itu successors or assi&nu, chowing the groso receipts =1 qxoi3s earningu oollectea or rec' ivcdi, or in. any manner gained or derived by said rantes, its successors or nneigns# during this preoced-ing -twelv � L�onthx,, lrot,; Safi aM tales of Sao cla iz a oonsu,,"u4 I.,y this oustol""Grs of "r'ante's arxi inaoi4ss or arq other usinQ4* done L'y gr4ztee or its sucocasors or aosi5ris In con- neat'it:n with -*he buuine4s io.overed 1)y this franchise in the City of Santa Ana; a a Aithin fifteen (16) driyb after the for filir4-t, of the aforea;*ij statement, it shall be the �,Iuty of *,aii.,,", '-rzantcc, ita z�uaw- oa�iooro ank! as ins, %610 pay to the Trea5urar of City of Santa Ana, the aggregate, sum of such peraenta,,;e upon the ax.-.o unt of tha grows annual receipts art3ing frow tho use, operation ancl. ponsession of said franohise 11 1 ,, and whiah r,,�ay -at tha time biD o-ain,; to he zaid grayrtas froi.,, any auoh souses, deti,.exi4ined or co4eputou" '111 "'.1-ric '.anrt", ht;rainbefore rr Ovid ml and uran any xieglat;t., wioaiz�n, or r�fuzal by said Grantee, or its suucva3orG or azaigns, to file said veri"Liad ata teak ent, or to pay said percentage of the said grtx)s annual receipts, this franchise shall therwupon terminate, and all rights thereunder granted by acid City, ahall thereunon ceaues, but ,Zhe right of t-ha ; City to en.Z'Grce the collection Olt 81101 Perce-ntag"e zBell TartAin, ax4 "U,_- acoordic-, ,cc law, i Thpil&; the asaid .Irant6a, its suoosaaora or aasigno aLail within days &fter said franabise is awttrded,, file with the Board of Trustees of thq C-16ty of 31 tnta Ana,, a bond runnlpiZ; to the City with good and nufficient curet y, to be ariproved by the Doatrd ref Trusteeas in the anz�,.l juii of T gent y—fiva Hha,,dr#,-U Dol-LLrz-, that R;-I.id :,ranlvtxel ita U1100assoru cw aasi-na �4hall ;roi;,11 an"" truly ob- serve and fulf ill and ?,parf orli . etiah an"d every t,:rL, a. xui coudit ion of szUd frano,hise,, Yhole L',.,r.ount of th�;rein riw4ad Shull 16 taken and deer. ,ca liquidat&a dv.,kii Gus, .Ln6 bMtll bo r000vuxuble frori the prinoipa and sureties upon said bond* If said bond Le not so filed the award of riaid franchise will Le oet rasidem anal any morey pRid therefor will be forfeited. That this franchito shall not in any i4anraer be coazidared an exclusive franchise. That aa.id gra.ntee,, cx hi a = itro G,Ucee� or or aoai&n,3, shall not tell,, tranafer or aEesi4,;n said fran,.-;hioo, e,;r any of tkia xij;Ita or T.,rivile,,as granted theraby without th-_ arrroval of amid Zoara of Trustees, and no suolh oula ahall be con zu".-ateds, excoopt icy a duly ex- eoutel inatrument in writine,, filed in the office of the Boaz d of Trustees of thD City of Saata Ana; and nuthing, in aai" frano4izcs oon- tained olhall be oonatruel to &r�nt the zaia Zrantc;a, or hi p. or its succek4bcza or aui;igna, and right to sell,, transfer or assign 6aia franob.ise, or aLny of the ri�hts or privilege thj_-,%wLy aranted, excetit in tl'ie iurzner aforesaid. Thato neny negloots failure or refusal to comply PI'L-,h any of the conditicno of 11aid fr-nchic504 3h,L11 thOreuPOr' iuir.,�cdintelyj ipso facto effect a forfeiture thereof, and the City Of Manta Ana, by its Board of Trustees, mny therefor a dealare Said franchise forfeited, and may exclude said grantee or his ar its nu,.voaacsora or assigns from further use of the highways of said city of canto Anap under frsr, phi ii8*9 grantee or his or its succezoorg or ai.aigns, naj. �� P, ,,, � , - frr ��u r-d immediately surrender all Tiv;�'hts in mn, -! to "l-ha *ana eWI58j% tnii sips ld.fren- ,a -) "), chise shell be deemed, Rr-I shnij reri�ir. nnull., rnB PM -1 , no J�otjoe ie alno bereby IIATSn t116-t 0C--,'RIktrI b1tiG W'rt I'Vir be received at the office of ls-ho City clerk Of," h.e citir of Santa AM for said -fran0hise IT "OC' the 11OU7 0'& ?:'0 of ,rhat the bids 'r-111 hc C'r,"± r-t at t'n"'"- all bids mat be for the rayment of , it United �tn.tss; and thlt the frsnihi%r- vTill t-' -,truok off, roll and ' awarded to the person or cornoratior, w.t.-c shell. k bid therefor; rrovicie,',! onlyl that, .t +hc. of ope.,ni and responsible person, fire, or corporation present or rcT"rccntedp bid for said franchise a Bum not loco than ton rerient above the biglhest `,)# 0 sealed bid therefor, Pnd that eaid, bid so mt"NI.P1 t �-� n t, lc than ten percent by eny other, rcoroniible 1,-Jdder, ;;;id bildin,3 lri"My be so continued until finally the spid, Fran -hila b0 Off$ sold and arraTdei by nryid- ISORVI of Tr�jqteei, to tip iii l-tlleot in gold coin of the United Vtn�tcs- "-Iitl", OIT it nc,�rtific,-;. Each zeala.'! bid z,,',UIt bc _ , 1-1�N for the check payable to the City Trrasurer of the CW' Of ",ntR An full arnount of said bid,, -,,nd no i-nalerl be 9-aid cash or 'took is enclosed th-re!"ith; -1ro,i, the 1 '0 3 (' ,ha r1ity *11.crk 41 41 1- derosit P-t least ten rornent (Irr thc' 'Mncunt 0 # 'ru of said City of Santa Ana, beffore sr7id frlrtn-lhi�,?(� hire, and if he shall fnil tc Itkc' zuoh Aerosit 10is 10if! 1ril I not be received, and be aon-,'Oderlml an void,, 4 J,,a e I than and .-pars be again offered, for to thj�- nMR0 th.0 highest aash bid therefor, GIIIIJect to thO came Gor.61tions as to derosit as above mentioned* said rroceadure will be hj. .d un4il said fronohise is strut off, '. 'Ir th"', 11'eat"Gzary ,, sold and awq�rded to "' I J), ctd iii I o-n�'-.tt t , , T" "r r "': n � '� , � -�� ' ',� -I " !-�' i '�- 1) " d lie re I a pr 0— i t TiiL tiw (,,,4 ty raeric -,itzin ro. Y— xft.'.Ar holirti after 1,11E of hio bid, the rem,Uning ni noty J-1 he or it faila tO c' 1) Q I t-+�I---- n 1 0' i "I oa i tho re, of ore vii 11 , be f or f si tods and the alWard of said frmilhiju will be void, ftd said franchise will then and there$ by zaii Boarcl of Truatoes, b-- nglain of-ferol'J. 'Lor .3ale to thf) I � 10 r 00 Y I ,,, c' ' t i ons hi,x in Ih(-. ,heis as ore lirovidcd, -Rn.1 in fall-,i "'I'th t ho Cl i y 3 1, o r k t a e r c.-., i; r- n,-, n I niit-y '.;nA fVill lliSIJ will be, , ho "I rloa i t I e tc) 0-x- e ,,,iii 'o,3 orriiteap and no "urthor -proj I codj��-jp "or ---hf,, wnlo v" VIACI 0 a'r U franchioe will be hlJ until th(j '3'me iah'all of rc—advortiaoa 7rHERV70 By or,Ier of said Board of Trustees d!.I-c of have hereunto subacribed nni� O whit -i- k am' k Ex—cffioio Clerk Of tha W, F,anta Pmaq c;�,nrcrnia- Mr. J. C. Burke, City Clerk, Santa Ana, Calif. Dear Sir:- Los Angeles, Sept. 17th, 1912. I herewith enclose you petition to your Bonorable Board of Trustees, for franchise in the city of Santa Ana. Our Attorney has gone over the copy of the franchise that you gave me F. R. BAIN, Prssaroex r — Orr— NI —A..x approved of Oaxrxcxce C. FI. AINI.EI', lax V-- Pnmammxr advise us the amount of - 1FS -(117 Trrx.xc I—xxn— Bvxc—. W. F. BOARDNIA \', 2vv V— -p—m— z.oe - 'Gets. FREDERICK N. 11--t wx. 13 13--- WALTER S. M.FAREAND, S.c•t- wnxrrxsxa, cnzxaozlvcn SOUTHERN COUNTIES GAS COMPANY Mr. J. C. Burke, City Clerk, Santa Ana, Calif. Dear Sir:- Los Angeles, Sept. 17th, 1912. I herewith enclose you petition to your Bonorable Board of Trustees, for franchise in the city of Santa Ana. Our Attorney has gone over the copy of the franchise that you gave me last week, and approved of the same. Please advise us the amount of the cost of advertising and we will send you check to cover. rRB/B 1 -nci Very truly yours, President. 0 f t TO 12111E HO110RAB1E BOARD 01" TRUSTZZ3 OF 1" IE CITY 02 31111Th li1IA- Gentlemen: - The Southern Counties Gas Company has received, throu�-,h. W. P. Heathman, Esq., City Attorney, notice to appear before your honorable Board at 7:30 P. 1d. ors the 17th da,V, of June, 1:%12, then and there to snow cause why t should '.'lot Oe required to tai:e out a franchise for tide privile�-e of usin €; tine streets of said city in la,yinL mains for the sale and distribution of E;as to the inhaAtants thereof, and to pay for ttie use of said street:> from October 10, 1911. The Company, throueh its President and General naE;,er is now before you in response to that notice. Section 11j, Article XI, o2 the state constitution, a., orininally enacted, provided follows: "In any city where there: are no public works oared and control, led by the munici alit,; -, for ,•ap,_l;yizi the same with :rater or :-3. rtificial lio'ht, any individual, or any co..ipany duly incorporated for ::uch pur po�-e udder and by authority of the lags of this state, shall, under the direction of the superintendent of streets, or other officer in control thereof, and ii_nder such general regil- lations ao, the manicipality iii�,y =)reUcribe for and inde.a.nity for dair;a -es, hc,ve the �rivil.et_-e of usin�- the - public streets and thiorou-hfares thereof, and of ].a -,,- ing davvn pipes and conduits therein, and connection;., there - vith, so far a:, may be nece ,sa.ry :".'or introducing; into and : upplyin[; suc�� city and its inhabitants either with E as- li�.ht or other illuminatinE� light, or ciith frea« ,eater for domestic and all other mi,rposes, upon t;I e c onuition that -the .iunicr n1 o rerr�rner�t h._ve tI c i ?n t t;; reC,ulate the ct-uar�es thereof." In 1885 this section was amended to read as follow2: "In any city where there are no public works o-v�ned =tnd controlled by the munici ,a.lity for sni� ,plyinC: the with water or artificial light, any individual.., or any company duly incorporated for such purpose, under and by authority of the la.vis of thitis state, shall, under the direction of the superinten_ent of streets, or other officer in control thereof, and under such general regu- lations as tYle r:;unicipalit I T may )rescribc, for da.ria-;es and inder pity for damaEes, have the privileve of usinE the public streets and thorouLhfares tl creof, `}.rd of layinE doi'n pipes arid conduits therein, and connection, thlerewith, ,o far be nece ssary for introducing It This provision was an invitation to individuals and do- mestic corporations organized for the purpose to enter cities having no public works owned or controlled by the municipality, and lay pipes for the distribution of gas in the public streets, under the direction of the supperintendent of streets, and under such general regulations as the municipality might pre s�cribe for damages and indemnity for damages. The distributing mains of the Company were laid in your streets in strict compliance with this constitutional provision, and under the direction of your superintendent, and in accordance with the general regulations for damages and indemnity for damages prescribed by your honorable Board. And it has been by the supreme court of this state held that an act of the legislature requiring municipalities to sell such right or franchise to the highest bidder is unconstitutional and void, as being contrary to the right granted under this con- stitutional provision. (Persia v. Irallace, 129 Cal. 397.) October 10,. 1911, section 19, Artiole XI, was again amended to read as follows: "Any municipal corporation may establish and operate public works for supplying its inhabitants with light, water, power, heat, transportation, telephone dervice or other means of communication. Such works may be acquired by original construction or by the purchase of existing works, including their franchises, or both. Persons or corporations may establish and operate works for supplying the inhabitants with such services upon such conditions and under such regulations as the muni- cipality may prescribe under its organic law, on con- dition that the municipal government shall have the right to regulate the charges thereof. A municipal corpora- tion may furnish such services to inhabitants outside its boundaries; provided that it shall not furnish Vany ddrvice to the liahabitants of n otiha samecs�rvit$ to owning or operating works supplying 1. IL 1 Ica, into and supplying such city and its inhabitants either with gaslight, or other illuminating li`h ' , or wi th fresh water for domestic and all other purposes, upon the condition that the municipal government shall have the right to regulate the charges thereof." This provision was an invitation to individuals and do- mestic corporations organized for the purpose to enter cities having no public works owned or controlled by the municipality, and lay pipes for the distribution of gas in the public streets, under the direction of the supperintendent of streets, and under such general regulations as the municipality might pre s�cribe for damages and indemnity for damages. The distributing mains of the Company were laid in your streets in strict compliance with this constitutional provision, and under the direction of your superintendent, and in accordance with the general regulations for damages and indemnity for damages prescribed by your honorable Board. And it has been by the supreme court of this state held that an act of the legislature requiring municipalities to sell such right or franchise to the highest bidder is unconstitutional and void, as being contrary to the right granted under this con- stitutional provision. (Persia v. Irallace, 129 Cal. 397.) October 10,. 1911, section 19, Artiole XI, was again amended to read as follows: "Any municipal corporation may establish and operate public works for supplying its inhabitants with light, water, power, heat, transportation, telephone dervice or other means of communication. Such works may be acquired by original construction or by the purchase of existing works, including their franchises, or both. Persons or corporations may establish and operate works for supplying the inhabitants with such services upon such conditions and under such regulations as the muni- cipality may prescribe under its organic law, on con- dition that the municipal government shall have the right to regulate the charges thereof. A municipal corpora- tion may furnish such services to inhabitants outside its boundaries; provided that it shall not furnish Vany ddrvice to the liahabitants of n otiha samecs�rvit$ to owning or operating works supplying 1. IL 1 v ; G�i r y such inhabitants•, without the consent of such other municipality, expressed by ordinance.'" This gives to the municipality the power to construct gas works or purchase existing works, including their "franchises'". And as their only "franchise" is the right to use the streets, it would seem that this section recognizes that the extent of the right of the municipality over an established plant is to purchase it, at least as to existing mains. It may be that the municipal - ity has power to require a franchise to be procured for extensions; but,whether it has such power or not, we do not desire to raise that question, and express a perfect willingness to acquire a franchise covering extensions of our plant in your city; but do not think that the city should ask us to pay for past use of the streets. The constitutional amendment in question does not contemplate a power in the Council to interfere with property rights acquired under the constitution as it existed prior to that amendment. To desire to meet the Council in a spirit of absolute fairness, and do not ask or expect the Council to grant us any favors; but we do earnestly urge upon the Council to give careful consideration to the effect to be given the constitutional pro- vision under which the rights of the Company were acquired. Respectfully submitted, SOUTHERN COUNTIES GAS COMPANY, By Its president. 3. CI W-Ow J 03 N U • LLI ka z 0 < a. 0 C9 P, 13 i4WW 1'1 11 Z k) 0 L U T 1 0 N. 2 Ij A resolution of Gho .3oard of TrurtoeE; t)f the �Ijty of 3 1:11 '--,intn Ana, granting perviisSi011 to the Pacific +�;Iectric 111- .,Jlvrj,y .i 4 Company to operate ,.L portion of, tiio Louthern Pacific RriUroad track on Lecond Ltreet with electricity. (3 a3l!; IT 11'ZOLV-D, by the warri of Trusts. .-,e: oi, tli,� city of 7 Y ramrit e d aita Ana, that pormiecion be, !4.nrl the ss-voe hvrel,., is, 8 to the !'.--).Cific -,lectric Raillmay Company, to operate by e.loct- ricity that portion of' tree r;iilroqd of tiv ',,outhern Pnl.cific ic 11 12 13 14 lb 16 17 18 19 20 21 22 23 24 25 26 7 28 2-0 30 31 ,92 ii Rv;ilroarl ("orapany rlescrib.,)d !1s follows:- beginnin;, at a point 320 feet east of the eo.vt line of TWer,creen Avnjue, t1leMCO weuterl�y 't 0e center line of :second ►Itreet to the east line of Bush Ltreet; torether vrith all neceoc&r.- turnoutr The City Clerk Eball certify to the of t1,,i.S 4 resolution &nd crwse ti-w wlrie to be filaO Qaaong the records. 14 I hereby certif- t1—,,1,1, resolu-%ion .w- S a,lopted b'-r the wtirrl of Tm itee� off' A S Cit,; O"L, inta na at a I'ay of City Clerk, Approved this dqy 0m XSY4, -,re.oident f Trustees of the" Ci of Lnnta . m Lou Angeleo, 19 To the Honorable Board of Trastees Gentlemen:- of the jity of 3anta Ana, walifornia. The andaraigned, PAMIj QWUi hereby makes application tee your Honorable Body for n frunchllsTle to oonstriat, maintain and operate an MOM WNW along Fourth Atroot, along private right aP way ani acraou all later- aectinS stroate and pablin places in the Wity of Santa ana ovor the roato more particularly deacribou as follow, Beginning in the east boundary line of the jity of iouta ina, jounty of Orange, ,gate of jaliforniu, point of being betweon the north and mouth lines of loarth Street in oaiii city of Oraita- when ouid north and south linos of Tourth Street are prolonged easterly to interseot "'ho avid oaotcrly boundary line of sai! My of Vanta "qw; thanoe weatcrQ along s`ii Sourth Street W acroBo all interseotinF atrents aw"., pla e2, to and across artesia Areot; thonQe ti eoto&7 and northwesterly avor private right of way ind across ail, istarseVing atreets und pablio places, crocning Afth Orest approximately six hundred sixty (660) feet nest of iallivan, 5treet, to a point In the weeterly boandary line of said its, of 6anto Ana. and youx putitioner presents herewith a draft of Notioe of Sale of Mactrij Railroad Tranuhise advertisinn zaid fran jUios for aale. ;)y 031'fico of tto ;il,-,y 0--9 t Ih r,� ,li ty 0 C JutltU 1:1 a TO '.1oHOM IT M�Y NOTIjI& is hereby Liven that, ua Ilals, been :� , f w-t.,� na d�e Vc t'll e B 0 ar G* 01 v)s ol, 4, J, of ;,nu Toy c r t4 i ., 'r jjj 0 300 -1-r'U"O't for -uli c; r"ericki of fifty ye, -ci3 rui I. - 1" 9, in �-At, t-lr s or it,3 or3 o—r t r o f h i h �J. U 4 1) O-.r vzt I n pu-bl �,3 ';r-:, ct i SFIiUl Ci t�7, �lt3 h and erpin after JLao end it is proposed by the said. Boaro of Traoteos VA offer for sale �ind a ,rxwit to the lAghe.,A iblddor wi,,, Afran- ��hise upon tliieoterLw arid --ondit-lona here inzi llltoz �L.rlrlticlno�- " i t . -1 - 0RD1NA-NA;.N1' No. -0( )0 AN OR"'DINAIJ-1 TO ITS �j I' G!,-4 .4 T i :;�' -"TTIT To 0-PEltITY P01" 011,0 1,0TY Y".A�P"'o '�4..'Ji 'j, 1 -7,.1 0;.,j D U 110 1,1 U �.'J .-ERTAIN PUB-A,,; -'ITY �J`UA TOG TI"'1111i 7,'.' w�ITA i as ORANGE, 37AIT' OF OA 1? 4")'j�21T The Board of Trustees of the V'ity of .13aiita Aaa ei,.-) ordain. as follows: �eotion 1> granted to That the right, privileg.,e and frafiaf,.ii,,v, ii- hereby' , a to Its sa000ssori I and assigns, to construct, maintain and operate for the ypriod of fifty years, an electric railromi 'ivith a sin'�'!P- oZ, trozo-A 5 in whole or in part, at the option of the herGo.-IL, or its successors or assigns, over the ro-Ate t'inmi alon�,,, and. upon am"'. acrom3 the streeto or portions of etreets 3.nd aver private pro- perty in said city, described as follo-vs, Beginning in tho east bolvidary of tiv, ',At.'-, taT 2manta 'uut, CJ 11 -Ity of Orztmso, ;,tato of Jali-ooraia, imid point ofx lboginninf-,-, beiaj� betwoor. the north a.W sautla lines o"L' Foxrth strf)�t i:!'l said P "ity of Santa 'vilion zi,-iid north and noi"Ii linc',�i of dPolarth "4-r(, arc prci. ,,nged Gaiiterl; to intorseat the 0r1'sterly boundary line of said uity of -anta Ana; 10,11e nce along said *;!",-)'irtia and acroos all intore>�+cting atr�ot-,-,3 und pabliu plaaes, to and across f".rtesia 'Areat; 1"All � -a oo weis t ii r y and north-westorly ovor private riff- W ,,ht of way and aerca as all intersocting, streets and publij plzaces, arossit-t- Fifth, '.treat �z aPproximately six hundred sixty (660) fr;smt east of '3auivan -treet, to a point in -thn westerly boandary line W." sai," kity of 5,1anta lina. PC �OC!P-4 o get he r -avith tho right �1 to construct curvev trzd wmitolies any o�pur traa1ts into private property, also ooane--Ldions -'vith Other lines of railroad trac"r-'s than that herein described, power houses a all other appliances, pronerty, A stractares —1 1& — 0 and attachmonts, that may be neoessary for the purpose of oporat ing said road and enabling it to be as effective as they bent eleatrie railroad; provided, hownvor, that no spur trao'IC L,,to private prck.)orty shall be built within five handred (.500) feet of any spur tra,--k LilreaIy constrauted ander said f0ranahisn Wi t h_. out first ale wariag proj,,nr oonsent of the Board, of Tru,,,ttens of the ,'ity of Santa Ana. Section 2. That the terms and cmditions apon this fra,aahise is �,ire the to-v.d.t: 'i rst; Th:j t the naUroad to be _,,onstructei arA4 o ldc, pera,:31. under this fraa,-.h ise slri 11 be aBed :o or ttie trans,-,,o, rtation of passer,6,ers, baggage, United. States mail, ;Exal:#dt, ex,,.ross ;,�ztvter and such other aoa,.odities as can be convoniently b;andled by an eleatrio railroad, pro,7ided, thti,t cars o'..'finr than closed ones, of a neat and attractive ('Iesigxn shall only be conveyo,'. over sja'id road betreen the hoary of 10 p.m. of oach day wad C a.m. o� tho follo-ziing titw; also for sazh material as i,,, ai_-ied in tkLo con- straction and naintenanao of railways. That the tracks to be laid under this franchice shall be placed as noaT equi--distant froi-n the or,.-3tor of the street as possible, and where said 'road is doal)"Le tro.Qlzed, c�s nec,�ir oaoh other as a pro;per regard for safety vvill allow. ',';Ieoond*. That said grantne or its saooessors aal, rzasxgns, sluill use good material in thin construction of euiid road, adl sali road shrill be built in a good and vorkmanlilfl.e ma.an�r And that said gr,,_,i,,iAec aad its sacoesclors aj-,U' shall nt its or their own cost and expense, oil and re- -oil, have or maoada - mite t ho wi id road between the railo, bet,;;oon V-Le ,ind for two feet on each sido theroof, ,,iith the samp mloterial used by the pity aria =Ier the same specifiofltion in the same manner as upon the streets ova: ,r which said road ran o respeatively, and shall keep samo cionstarttly so paved or r.Puf.uAazAzed and in —2— repair flush with saie, stroets iand provided .;ith sill-, itia b 1. cro",,- ings, and shall makip,, raa"Abed jonform at all tli� nn to Vh�o ot,�Aab lished gprade of said stroets., provided hovmvor, vvherp any of the above named str,,)ets inave been g A, prior to th.c s ti Yb of t'hio, frawhi,�7,p , s s Ut roa`bPd raj. In .Mall conform to and be flash aith the eurfs-.ion ol' said g,.radod or otherAvic-m improved stroot or qtroots, wlanthnr sur?aoe be abovo or below Vie offi,-A1,Al grade of xvt,F strqs3t or stre.et.o, axi,,"I on to I I other s r0 of a r o. trento thin ra. a, 1- oadbeel 'rall 'I. t.) .iha 1,1 a a.-L f o = to v, i x:�; h, o i a I Pg r a �4 , s a. It"o r e zsrt I d ; Asaik b e t w e e a t h n ;�oathern .72a�Afi,,_, traQ.!,,u zAn,'i the amity Limits, th"'I Skaid durinz the first 10 years of the o2 this gra 'to Sa-_,Oessora and asoi , s, Ab *400wp grant e a , I gn M-aendazy'rAno MMUC 11i'i'"hway U�..Vol by ite, traol�s, btv;(jon tho rails and! orushe4 rock qr for tvio foe l', on eaeh ni.io th�,�roo-f, zith t,'i gora�vnj. surface not A less tiui �4AV* inoth in thickness. oilcj(�i mui :rlolleli , to IC0,Pt in good re %ir ami flash vrith sai 91-4rool; Said points si A u _if " 1. S) 11. � 11 in case tilie said rantoe or its fall to ooilply with VII i(1ritV10"jo,at-� Cjv-n 'For w., "a repairs, for tqn dajs al Ned. oarvic,,,) ,-4' notij(,: thereof ap-f)-n Or .x. nu ge r of sa 1, .1 f, I e u t ri ra i Ir OiAd , t =hen tho B 0 ax'! 0_' Xr',10 te'0qV 0f the �Aty of Santa z1na ""zy, ",e,ith saitable outer a.pon said elactric rat Iroad or any porltlon tA,`Icrri.iof, and do lfljho V70rIC aTA the proper material u.ol eop, itoralzed zaca nt 32 the by cost thnreof,, walijh said or the *,aoev f., 4_�" h. o ptanon of this to Pf-),Y xc',,.,,0 4i�.:�!toly V) tO of xo;ln 'IUIIN,(. aaccu�nt to tho Superitltazvdoat ar PTovi del, fttrther, t-liat tx"ie cars I)c run, over tdillrl roa,"i oonstraoted andor said frtn-whAao, every 6,s1 _v sin ¢ 4a�:, i)rov,,Aed by the 010MGrTtS, riots, SIV'rik08, (r ax avoidab'LP of--iosos, PTOI;id0d, alf-,o that ct:trs shall b -run over nnd apon SUA-4. VD&I, fit interv,,4-13. c� of not more than two (2) hours from 7 o'clook a.rsn. until 10 oljjoak pm. of each day, an.41 as muc�h oftono-z- as tay bo > ,.cosary to prop,,orly aacoar,,adata uU. TV10 a�jlJy ',07- over said road, except in tl.,At.) of oxtraordinar-y allcl uri,�.`Orancn amounts of travel. Z,rovided, furthor, th.,�t said j! an, its -0-0 assigns shall have the right to excavate and remove portions of said streets necessary to properly oenstruct said road, and to erect needful apparatas, boilers, engines and other applianoos to properly eqaip and ran said road, provided, farti.or, that the Jity of Santa Ana in granting said franchise, expressly reserves the right, to pave*maoadamize, renew or sewer any of said streets or to lay gas, water or ot'hor pipes theroiti, said work to be done so as to interfere with said road as little as possible. It is further provided that said grantee and its sluooesoDrs and assigns shull construct all necessary flumes and oalverts for the free passage of viator under this of said railr,,-jad whenever and wherever necessary and that till sash flumes and cul- verts shall be jonstr►cted in accordance v;ith plans and speci- fioations appIroved by the Vitt' :1zgineer. Third; That the rate of fare fog~ .-_-'r `Astanae, over m-tid road or its branches within 'the present Wit. limits one way shall not exceed five oents for one passen,,cr. That the grantee shall and will issue to and receive from passengers goinj. in one direo- tion on local cars, transfers ood for continuous passa e -;.,ithin s the present city limits. Thai person candor th - i eighteen years who attend the pablio schools of saki city shall be re- quired to pay but half fare, provide�'.' that stAd papils shall purchase their ti.,:kets in quantities of at least one dollar's worth at a time, such tiokets to be available only betwee;.i the hours of ei,*,ht a. n,. and six a.m, in actual passage to ,.,jya from school, and the said grantee and its successors and assiSnz., shall sell each tic' ats w.henever requestod so to do, when s,'ohools are in session, by a papil vdio shall present a uerti- ±ioato from a teacher, approvod by the principal of sash school, that he or she is a papil of the Daid school* providod, farth("r, that said grantee. Its sa;:ioessors or assigns. shall oarry,-'Cree on sai6L cars 'die Aty Marshal and deputies and all re 0-ilar police offtoors and firemen of said city, when on duty, aalll 'the Board of Trustees and lotter carriers, subject at all timae to the rules of the road. -4- Fourth: That the said grantee and its saaaessors 'Irld a30i,;nv shall daring the life of said franohiBb pay to the MY of Santa Ana in lawful money of the United Oates, two per sent. ol the groas annual reoMpts of such grantoo and its oanannsors anu, assiGns arising from the uzo, operation or pooses61on of SO,,! franchise. No percentage Mall be paK for Vo first five years, zuaceVing the date of soii franchise, but tharsaftear such per- centaSn shall be paynblo 4nnan.111_y; provIand, however, that as to, Vzo portion, of said frano hire lkicy area 4 renewal Of- rigntin " X ), ,- , C,' Iroady-In-Glatence, the payment of said porcentagn of groso receipts shall begin Immediately after the date of grWins of said franchise, nnq A Make tho payments ja h sa ie,'i f Yt�, no hi se said franohi so is to be 'ArKA"ed by f ilarr ProvidW A, Provided, tJ"pt r is granted shall bm an. oxtension of an exist- ing ayatem Di admMOP railroad, then the gross receipts shall M estimated to be one-half of the proportion of On totaL 3rOG,,,, rocnipts of avid Ojotem which tho mile16e of ouch exteauiOn boars to the iotal milea6o of the whole MtOl, sas alsh e0ti ste shall bo sonaluoivo as to the amount of Or groso reneipto of 3aid extengion. And it shall be the daty of the grantee of anio franchinee, and ita saaaessore an ansignu, to file with the jity w.Lord of the jity of Santa Ana at the expiration of one year from date of too granting of said franchise, anA at the eKpiration of oach unG v3l.vory year thereafter, a statomont, verified b7 We oath of said, grantee, or its nacoe=ors or aseiga", or by thn oath of tho man- ager or presiding of finor of saw4 Frantnq, or j to qneos3arn "ndl assigns, showing the total grons rennipto anO gross earni wax: s zollented or reanIved by said grantso or ito nocoosoors or aoWtus, during the preueding twelve months, from all traffic ovnr Mac,, portions of the line for the construction and avoyntion of nhial,, said franchise is granted which are ronewals of rignts ulready in existence, or over any part of the uystom of railroad of whish -6- I it Mfly b8 an axtension, and to fl La witd su J#'Iork of thti 'it,r of ;,,3u4ta Ana at the ex!�J.ratlo-1 of tAX yeors froo tho datoo of the gruntin.�,;,- of said fr4aikirc, a.,jd ivt the expiration o1" 9 ci ch and. evory your thereafter, a statoxint verified as aforesaid showing the total gross rooei,,11.,ts and gross GarrnLrik,.--s aolleAite,.14 or mooivod by said gLruntae or its dray .'.inc trio prece Angz twelve months, froM all tl7nM3 over any part of' the line for thO uonstruotion and oporL ti :,n ,)"C wiiiQh sai-1 frawrl- ohiso is grant a, or over part Of the Syetern ol-` --ailroad of it May be a extension, and within toy l (WYS a"�tnr t4e t1t.,.,io for filing tho aforesaid sluull bc the I uty of aqid grariteo, and iti ",tw4nesorr, uncl, assie-ins, pay t�, t1j°� W,,il;y Treasarer of saia ke"ity, the ui;6rregate our- 0.1, poroon�,age the Wa0wit of -tho gross a.11nual rocoiQto, arini K,,�7 ass* a-cdorut'lkon or posao� sion of mid fn-111-hirl*, detar.n"ine.e.1 .1nui. oomputed in the manner herein fora provided, And allY ne,&,leat, omi3alin or refasal bg si,,tic] grrivitoo, itn saaaessors or assigas, to file said vorifind statoaio,.'Its, or to J)uy the w-l"d peroentagn of the said gross wlnuril, rocoi.,--tq ,.1,t the t ime a or in the wawcni,° kvreinbnforo proviomd, si-jall ipso .1facto work a forfalture of suld frunt hi.t-,ie Mzldor, to the pity of Santa Ana. 3ifth- Vwt the work of aoie road o'h,"k1l bo 000WICM004 in 900d faith within not izoro th,,,in Pozur moritils, Crr,)m tho date of tlic of thiS fr,%nollitl'v,, lnd be proso- -fated thereafter in good f-,:4i,th a,-Id without mnnccct,��,- J jary or avoi,,1 - ab.'w into n or doLiy and said eighteen months 1. - shall el OOMPIOtOi -vilthia not zmoro tivin M XAJ1;A2L t ro ,,I ft c r sai- - ivo -'Ic ho no," 210 CO' LOnOOd oDffil! I.Elt*d %vith-in the 41 time, "r In tho, ma,,mor speoified, this fra-au.6.1vie si-icAl b ea. Sixth: That all Poles ased in the c0ylstrWtion alld Op,er.<Iti�n of said electric road shall be placed within the curb line of the streets herein designated as offioially established by the Board of Trustees of the Jity of Janta lira, and the outer edge of poles shall in all oases be set as near the inner edge of the oarb as practicable when not otherwise dirootod by said Board oil 'A"rustees, a,-Lid the wires suspended from said poles shall not at any point be lose than aineteen (19) foot above tho top of the rail; aaid poles shall 'be smooth, straight, and p Unted. in uni- form oolor. jeotion 3. That any negleat, failure or rofaaal to comply with any of the conditions of this franw hioo uhall- thoraapaz immediately ipso facto effect a forfaitare thsr^of, and. 11-hn srai.d :pity, by its Board of Trustees, may thoro-upor. aeclarn this franohise fort"eited and may axelude wxidl or Ite sti^- oessors and assigno, from the further use n-f thf) street of, said ander said. franchise and said. grantee and its saccessors and assigns Fit a,ll theroupon and immediately ourronder all ricr.hts in and to tho samo, and this fraachise sbn.11 be 4oemadmd shall remain null and void and of no affect. $eotion 4. The .."ity Jlerk shall cerW7 to the passage, of 0-1 this ordinance and shall cause the same to be published onop In a newspaper of gqnmrsl 3i.rcalation published -vicl circulated in said pity of 6anta Ana, and thirty days thereafter it shall take effect ana be In force. PresiaeR of Fho Board of Trasioes of the 11'lity of ;Santa i*s.na. Approved this day of Uity o f 3anta Ana. Pi7*sIdent of the Bo&�d--of---rr—u—sleea Of "he amity of ounta Ana. -W 7— I hereby certify that the farogoing—ordinanne waa intro- Me& on the dq; o f 1910, an! was passed by thn Board of Trustees of the Wity of Santa Anq an(L signea by its iresident at a reguEir 'w-ptin; of sail Ward hold in, vote: eye -- Trustees Noes -- TrastooR'* , 1913, by 00 follow- Absent -- 'arc steeo &I IT 010 FIT 0-T-A-0 -5, t' Santa "na, Sal. -010- UOTIVE is alao hero cby given that sealed bid in writin6 will be rojeived for said franchise until will be opened at that tlma; that all b payment of a otated sum in gola coin of M- of MY 1.1in bids re,::r,ived ids mast be for the tKO inited statoo; and that the franwhise will be struok off, ,,col d n& awarded to the porson, firm or uorporation who Auli ivaAi Lho highest cauh bid thorofbr; providcl, o0y, that nt tho Own of Oponing said bids, any r.. s_.. poroon, fW or w cal jorutlor 3 re6ent or rgpre- ann=, may W fur suio fr3nuW3(, i Lii.uii noo woo than ten (lo) per oont. above the hiGneLt ucaled bju therefor, and that sail bid 00 made mug bO MIOOu nut less than ton (10) per cant. by any other responaihio biauor, aia M! biduing any so ounjinue ,latil finz)I1,17 Slrlid franahian shall be straik off, sold ana a- warded by said Board of Truotoos to the higheat bidder therefor -a- in gold 00in of tho United WNW. AW soaled ,gust be accompanied with ash, or a aertified oAvQA payabLe to the Sity Treasurer of thp city of junta ana for tto f111,1 Wc-unt of sa bid, and no ana led M will be considered an>St Wid cash or ohook is enulosed thorewith; and th, vajoessful bidder must deposit at loast ton (19) per QW. of the nma;nh oV hic or ito bid with tho Nity alork More said franchl in will be Arack of to him or it, and if to or it shull W.i to make such do- POSIt ixme Mate ly, his or Ito bin M. Not bn rannimod no will be aonsidnrW un void, ana saia franuhino will than ana thorn be again of fared A r as le t a th a bi dd ir wh o ",.'ao hl"v'h - oat ansh bid therefor, subjeus to the ainc oindItLu"s aj to deposit as abovn mentioned. Said pr000darc oil! be had antil said franchise !a struck off, 501d and awarded tc a bidder who ShVIli the necessary depocit of at least on (101 per ,.Went. Of the aimoilnt of his or Its bid as herein provide 6. Said saosoes- fal bidder shall deposit with the My -;1-o& - ,dthln tweraty- four hoarn Ktor the asieptanue of his or its bido the remainix-, n1noty (91) par zcqt. 02 M amoint thqrgof, qna in uaBo he or it WHO to 10 ac, thon Lhe said deposit therytafjrr maue ill be fort"citea, and tho award of said franahWo will Mon an(� then ind thor,-� there be void, and tho . said franc hies will/by said anard of Trustees be again of;. orad fir We to the MEMO bidder there- for in thr, saiw;, manner und andor the eats rostrictions as herein- before provided, and, in case said bidier fAK to anponit wit.11 thn jit,' . 1,E�x ;E ti'vn remaining ninety (901 Pi r wont. of ski 6 or its bid within twenty-four hoaro after its injoitanco, thn award to him Or it of said franwhiso will be sot asido, an$ the deposit therotofors made by hi, or it will be forfeiinn, and no further proceeding8 for tho all of said Vanchiso will be had until the same shall be re-advortisod and again offered for sajo. NOME is alao, hereby given that thG sucoesufal bidder for Sa U f ruaimi ao muot , .a in _j v, Z W Uf wa V said i.. .., SWA x is murlou to big gr it, 21 witQ M jo6ru of lra6tow runnire to 6r v j, ty in tA_ "th Ot "ust twC 990d unu P=Kou n 9� upprain. 01 010 Boom of Mutoos, a0aditi4nev tVt wil binner nil A. =11 and truly observe, fulfiii a.n d Mob an" wgry tcrl' ana wonAtIon of Said xrannriw, 100 =0 OZ an, Much W aan V,3a of S&id wt ona the N of' ia nwim, oy t"r puasl theref. j, b.+ _ad vll Ue t"&N on& aevauu to in Liquinatod a"- Aha,L bo rcuovoruLle fro, jhc prjU01p, said bond. ir so iu scan AU act 0A A 1j"t no nyarw of SaW.!. lrua,Mo wi LI oe sot be Arfaltv . J vs 1:6 rk 6i - -I,-,h-F--7T _7 777 1 T _io - zI,,_O_ql 1 2 3 un Ile :c� i_- c';, ", , A- T."', - � �L - � C, C t C c- u , "- .- - 5 -D 0 j (3 4 L 7 1,0- r t f 9 10 11 12 13 m 3:2 < z 0 15 .1 J, W, W oz u w -C z 0 < < u m 0. 0 17 18 19 20 21 22 23 24- 25 26 27 28 29 30 31 32 -C 'I'l line 4 - -,: C.., .1 - c t c 0 4. c u c L L I U Vi c