HomeMy WebLinkAboutCC Reso No 1965-1158
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RESOLUTION NO.
A RESOLUTION OF THE CITY' COUNCIL OF THE CITY OF
Elsinore. California
URGING ITS STATE LEGISLA'l'IVE
REPRESENTATIVES TO SPONSOR AND SUPPORT A CONSTITUTiONAL
AMENDMENT WHICH WILL PEill.lIT CITIES IN CALIFORNIA TO LEVY
2% GROSS RECEIPTS TAX ON TELEPHONE COMPANIES DOING BUSINESS
'mEREIN
WHEREAS, municipalities are prohibited by California Constitution,
Article XIII, Section 14, from taxing telephone companies at a higher rate than
they tax mercantile, manufacturing and business corporations; and
WHEREAS, municipalities may require mercantile, manufacturing and
business corporations to compensate them for the use and occupancy of city streets
and ways; and
WHEREAS, municipalities may not require telephone corporations to
compensate them for the use and occupancy of city streets and ways, except in
areas within the 1905 boundaries of a city which in May, 1905, had a freeholdersl
charter giving it power to grant franchises to such telephone corporations; and
WHEREAS, telephone companies, unlike mercantile, manufacturing and
business corporations, use and occupy city streets and ways for the major portion
of their distribution systems within cities, including poles, overhead wiring,
junction boxes and exposed equipment which obstruct the view of persons traveling
on adjacent highways and interfere with the rights to light, air and view of
adjacent property owners; and
WHEREAS, it appears reasonable and just that telephone companies
should be required to pay a fair compensation to municipalities for the use and
occupancy of city streets and ways, as mercantile, manufacturing ,and business
corporations are required to do under identical circumstances.
NOW, THEREFORE, the City Council of the City of Elsinore
resolves as follows:
Section 1. That State AssembLymen W. Craig ijiddlp
eIrtY
///////////////////// is ~hereby requested and urged to sponsor and support
in the 1965 Legislative Session an amendment to Section 14 of Article XIII of the
(1)
state Constitution which would permit municipalities to levy a 2% gross receipts
tax on telephone companies doing business therein, such tax to be in lieu of any
telephone franchise fee charged by such municipality.
Sec. 2. That State senator,;;"i~ ~~ is hereby
requested and urged to support in the 1965 Legislative Session the foregoing
constitutional amendment.
Sec. 3. The City Clerk is hereby directed to transmit certified
copies of this resolution to state Assemblymen W. Craig Biddle
~fJ.~
/////////////////////////////pnd to State Senator Gordon Colognp
i" Sec. 4.' The City clef shall certi1 to the pas~ge of' t~ J>\.
resol ion, shall ost it in th~ consPiCUOUS~laces and s~ reso~ion ~ll~
the "eupon take "---""
I hereby certify that the foregoing resolution was adopted by the
City Council of' the City of'
E 15 i no re
at its meeting
of
April 5
, 1965, by the f'ollowing vote:
Ayes:
Councilmen:
Noes:
Councilmen:
Absent;
Councilmen:
City Clerk
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