SEC. 12-033. WORDS AND PHRASES DEFINED:
1. The word "grantee" shall mean Pacific Telephone and Telegraph Company, its lawful successors and assigns.
2. The word "City" shall mean the City of Stockton, a municipal corporation of the State of California, as defined by its corporate boundaries on May 19, 1905.
3. The word "streets" shall mean the public streets, ways, alleys and places as the same now or may hereafter exist within City, including state highways, now or hereafter established within City, and freeways hereafter established within City.
4. The phrase "poles, wires, cables, conduits and other apparatus and appliances, for telephone, telegraph and other communication purposes" shall mean poles, towers, supports, wires, conductors, cables, guys, stubs, platforms, crossarms, braces, transformers, insulators, conduits, vaults, manholes, meters, switches, communication circuits, appliances, attachments, appurtenances and, without limitation to the foregoing, any other property located or to be located in, upon, along, across, under or over the streets of the City and used or useful for communication purposes.
5. The phrase "construct, maintain and use" shall mean to construct, erect, install, operate, maintain, use, repair or replace.
SEC. 12-034. GRANT OF FRANCHISE — PURPOSES:
There is hereby granted by the City of Stockton (hereinafter sometimes designated as "the City") to The Pacific Telephone and Telegraph Company, a corporation, its successors and assigns (hereinafter designated as "the grantee") the right, franchise and privilege to construct, erect, place, lay, maintain and operate poles, wires, cables, conduits and other apparatus and appliances for telephone, telegraph and other communication purposes, in, upon, over, across and under the streets, alleys, avenues, thoroughfares, public highways, easements deeded to the City for the use of public utilities, public lands, waters and other public places within that portion of the area now embraced within the corporate boundaries of the City of Stockton, State of California, which was within the corporate boundaries of said City on May 19, 1905.
SEC. 12-035. CITY'S RIGHTS AND POWERS:
Nothing set forth herein shall be construed in any way to prevent the proper authorities of the City from sewering, grading, planking, rocking, paving, repairing, altering or improving any of the streets, alleys, avenues, thoroughfares, public highways, easements deeded to the City for the use of public utilities, or other public places in the franchise area, in or upon which the poles, wires, cables, conduits and other apparatus and appliances of the grantee shall be placed, but all such work or improvement shall be done, if possible, so as not to obstruct or prevent the free use of said poles, wires, cables, conduits or other apparatus and appliances. The grantee shall remove or relocate without expense to the municipality any facilities installed, used, and maintained under the franchise if and when made necessary by any lawful change of grade, alignment, or width of any public street, way, alley, or place including the construction of any subway or viaduct by the municipality.
SEC. 12-036. PAYMENT TO CITY:
In consideration of the right, franchise and privilege hereby granted, the grantee shall, during the life of this franchise, pay to the City two percent (2%) of the gross annual receipts of the grantee arising from the use, operation or possession of said franchise.
SEC. 12-036.1. PAYMENT — WHEN DUE AND PAYABLE:
The payment of said percentage shall commence with the granting hereof and shall be due and payable to the City on or before the thirty-first (31st) day of March of each year following a year or fraction thereof of operation under this franchise.
SEC. 12-036.2. IF PAYMENT DECLARED TO BE NULL AND VOID:
In the event that it should be determined finally by any governmental body having jurisdiction to regulate the grantee's rates or by the courts of this state that the payment of two percent (2%) of gross annual receipts of the grantee arising from the use, operation or possession of this franchise as provided in Section 12-036 hereof may not be properly paid by the grantee from operating expenses, said franchise shall be null and void as of the date of such final determination.
SEC. 12-037. REARRANGEMENT OF WIRES, ETC.:
Whenever it shall become necessary temporarily to rearrange, remove, lower or raise the wires, cables, conduits or other apparatus of the grantee, for the crossing thereof or of the line thereof by any building, machinery or other object or work, the grantee shall temporarily rearrange, remove, lower, or raise its wires, cables, conduits or other apparatus as the necessities of the case require, provided, however, that the person or persons desiring to remove 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, lowering or raising, and shall, in advance of such moving or work, deposit with the grantee, or with the City Clerk of the City, as in the ordinances of the City in such cases made and provided, cash, or a good and sufficient bond to pay such cost, as estimated by the grantee, and said person or persons shall indemnify and agree to save the grantee free and harmless from any and all damages or claims of whatever kind or nature, direct or consequential, caused directly or indirectly by such crossing, passage or work or by the temporary changing, altering or removing of said wires, cables, conduits or other apparatus so as to permit such crossing, passage or work.
1. The grantee shall be given not less than five (5) days written notice by the City or by the person or persons desiring to accomplish such crossing, passage or work, or of his or their intention so to do, which notice shall detail the route of movement of such building, machinery or other object or describe such work and specify the time when the rearrangement, removal, lowering or raising will be required and said notice shall be accompanied by a cash deposit, or 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 the City or such official of the latter as the City may designate.
2. In moving said building, machinery or other object, or the doing of such work, the route taken or the manner of doing such work shall be as in said notice specified, and such moving or work shall be accomplished with as much speed as possible, and shall not unnecessarily interfere with or delay telephone or other service by the grantee, or cause the grantee unnecessary expense, loss of time or interruption of service, and shall be done in accordance with such other regulations as the City may by ordinance prescribe.
3. Nothing in the foregoing provisions shall be understood as altering in any way the provisions of Section 12-035 hereof.
SEC. 12-038. GRANTEE'S BOND:
The grantee shall within five (5) days after said franchise is awarded to it file with the said City Council a bond running to the City in the penal sum of one thousand dollars ($1,000.00), with good and sufficient surety or sureties, to be approved by said City Council, conditioned that the grantee shall well and truly observe, fulfill and perform each and every term and condition of said franchise, and that in case of the breach of any condition of said bond, the whole of the penal sum herein named shall be taken and deemed as liquidated damages and be recoverable from the principal and surety or sureties upon said bond. In case such bond shall not be filed the grant of said franchise will be set aside and any moneys theretofore paid therefor will be forfeited.
SEC. 12-039. CITY'S AUTHORITY TO GRANT FRANCHISE:
This franchise is granted subject to the provisions of Sections 7, 10, 11, 12, 13, 14, 15, 20, 21, 22 and 32 of Article XXIX of the Charter of the City of Stockton.
SEC. 12-040. PAYMENT OF COSTS FOR REPAIR OF PUBLIC PROPERTY:
The grantee shall pay to the municipality on demand the cost of all repairs to public property made necessary by any of the operations of the grantee under the franchise.
SEC. 12-041. LIABILITY OF GRANTEE FOR DAMAGES:
The grantee shall indemnify and hold harmless the municipality and its officers from all liability for damages proximately resulting from any operations under the franchise.
SEC. 12-042. TERM:
The right, franchise and privilege hereby granted shall continue and be in force for a period of twenty-five (25) years from and after the date of the passage of Ordinance 2585.
SEC. 12-042.1. CITY'S RIGHT TO TERMINATE:
The City, however, shall have the right to terminate this franchise within a period of five (5) years from the date of final passage of Ordinance 2585. If within said five-year period, there is a final decision of an appellate court of this state which would:
(a) require the grantee, if the City so specified, to extend the area of the franchise granted herewith to those portions of the present City which were not within the City limits as they existed on May 19, 1905;
(b) permit the City to charge a reasonable rental for the use, operation or possession of the franchise without being limited by the principles set forth in County of Tulare v. City of Dinuba (1922) 188 Cal. 664; or
(c) a combination of (a) and (b).
SEC. 12-043. EFFECTIVE DATE:
Ordinance 2585 granting this franchise shall take effect from and after sixty (60) days from its final passage.
Stockton, CA 
