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HomeMy WebLinkAboutcc min 1925/05/14 MINUTES OF A SPECIAL JlEEi'ING OF THE BOARD OF TRUSTEES, CHULA VISTA, CALIFORNIA, HELD MAY 14,1925. (' The Board met}n speoia1 session, in the Counoi1 Chamber Of the City Hall, on the above date, upuruant to the following call Of the Presidentl "A Speoia1 Meeting of the Board of Trustees of the City of Chu1a Vista is hereby oa11ed and ordered to meet in the Counoi1 Chamber, in the City Hall Of said City, on Thursday, May 14,1925, at 9100 o'olook a. m., for the purpose of rescinding the action Of said Board of Trustees, rejecting the app1ioation for a franchise of the Pacific Telephone and Telegraph Company, in said city, taken on the 17th day of February, 1925, by said Board Of Trustees, and to declare said app1ioation for such franchise by said COIIIJNI.IIY, pending and in force; and to order proceedings taken for the sale according to law, of a te1ephohe and telegraph franchis in said'oity. ".H. PETERS, President of the BeaN. of Trustees of the City of Chu1a Vista, California." President Peters presided and oa11ed the meeting to order at 9100 a.m. Present Trustees Peters, Lyons, Wentworth, Bent. Trustees Shaw was absent. TELEPHONE FRANCHISE I Upon motion b;r Jho. Wentworth, seconded b;y Mr. Lyons, it was decided to rescind the following motion; whiohwas ~passed and adopted by the Board of Trustees of the City of Chula Vista, on the 17th day of February, 19251 "The city attorney reported on the status of the matter Of a franchise Of the Telephone Company, citing the case of the City of Tur1ook, California, which is similar to the one in this city. The case of Tur1ook has been tried in the Superior Court, and the city was deteated, but t.he case has been appealed to the Supreme Court, upon permissi~"o!.the Attorne;y General of the State. In the diw- oussion, upon motion b;y Mr. ~.-seconded by Jho. Wentworth, it was decided that the app1ioation for a franohis~ from The Paoifio Telephone and Telegraph Company, received for file by the city, on April 2, 1923, be rejected..:'for:theraas~, among others, that the franchise sought by the Company, doD not provide for the ~ent of 2% of the gross receipts, annua11;y, to take effect upon the granting of the franchise, as the Board of Trustees understands Section 3, of Act 1229, of the General Laws, to mean. .118'0, the authority given the company to continue the use of the streets of the city without a franchise, in letter, dated April 3,1924, is hereby rescinded. and the provisions of Ordinance No. 23, becomes effective upon the rejection of the application for the above-mentioned franchise. The motion carried by the following vote, to-Witl AYES I Trustees Shaw, Lyons, Wentworth, Bent. Peters. NOES I None. ABSENTI None" and hereby aeolare said app1ioation for said franchise in force and pending, also, the city olerk is hereby authorized and directed to publish a notice of sale of franchise for use of the streets for telephone and telegraph service. The notice to be according to law as prescribed in the Broughton Aot of the State Legislature. The motion oarred by the following vote. to-witl AyES I Trustees Wentworth, Bent. Peters, Lyons. NOESI None. ABSENT I Trustee Shaw. The city attorney reported that he had in his office, anagreementwith the telephone company, wherein the oit;y will be authorized to inspect the books of the telephone company, at any time. if not satisfied with the statement sup- plied by the company concerning the amount of the annual gross receipts. .~ ADJOURNMENTI Upon motion by Mr. Lyons, seconded by Mr. Wentworth, which carried, the Board adjourned. ~ City Clerk. .-- ,