HomeMy WebLinkAboutReso 1914-8-D RESOLUTION #8-D
Original Resolution Missing
Excerpt from minutes of Board of Trustees Meeting of
March 14, 1914
The following Resolution was introduced and read, and
on motion duly seconded, was adopted by the following vote,
to-wit:
Ayes: Austin, Barnes, Boltz, Rogers, Smith
Noes: None.
Absent: None.
"Whereas, the Pacific Telegraph and Telephone Company,
of San Diego, and the Home Telephone Company, of San Diego,
have heretofore constructed and since maintained, and do now
maintain poles and wires in the public streets of this city,
which poles and wires are placed outside the curb line of
said streets as fixed and established by ordinance #33 of
said city, passed and adopted on the 13th day of October,
1913; and whereas, on the 23rd day of December the Board
of Trustees by resolution duly passed and adopted, required
the said Pacific Telegraph & Telephone Company and the Home
Telephone Company, of San Diego, and each of them, to
remove their poles from the space outside the curb line in
said streets to a point inside the curb line thereof, a
certified copy of which resolution was duly served on each
of the said companies on the 24th day of December, 1913, as
more fully appears from the affidavit of the city clerk of
said city, showing due service on each of said companies
to have been made on the 24th day of December, 1913,
which affidavit is now on file in the office of said city clerk;
And whereas, on the 28th day of January, 1914, a
contract was duly awarded to the C.L.Hyde Construction Company,
of San Diego, and thereafter on the 3rd day of February, 1914,
a contract was duly made and entered into between the City
of Chula Vista and the C.L. Hyde Construction Company, for
the grading of the streets mentioned in the said notice
and the placing of said streets to official grade as
heretofore established by said city, which contract calls
for the grading of said streets to the full width thereof
between the established curb lines on each of said streets
within the period of ninety working days from the date of
said contract.
And.,whereas, the C.L.Hyde Construction Company, commenced
said work under said contract on the 18th day of February,
1914, as provided by law and said contract;
And, whereas, the said City of Chula Vista, by its
officers and agents, has repeatedly urged upon the said
companies heretofore named and each of them the necessity
of removing said poles in conformity with said notice, and
although the representatives of said companies have appearing
in response to said notice, and have received all the
required information from the city engineer of said city
relative to said matters, the said companies have wholly
failed to comply with said notice;
And whereas, it is deemed by this Board that said
companies and each of them have had ample and reasonable
notice of the requirements of said Board that said poles
be removed to a point inside the curb line of said streets;
And,whereas, said poles still remain outside the curb
lines of said streets, and hinder, delay and prevent the
said contractor from performing his contract to properly
grade said streets and each of them;
And whereas, the City Attorney of said city has advised
this Board that it has full power and authority in the
premises to remove said poles from the space outside the
curb lines in said streets wherever they interfere with the
proper street grading thereof;
Now, therefore, Be It Resolved, by the Board of Trustees
of the City of Chula Vista that the further maintaining of
said poles or any of them outside the curb line of said
streets or any of them is hereby declared to be a public
nuisance; and the Superintendent of Streets of said city
is hereby authorized, empowered and directed to cause such
of said poles to be removed, under the direction of the
City Engineer, from the space outside the curb line of
said streets at all places where the same interfere with the
proper grading of the streets by said contractor,
with as little damage to said poles and wires as possible.