0191RESOLUTION NO. 191
A RESOLUTION OF THE CITY COV11N'CIL OF THE CITY OF
ROUING, HILLS �7RGING rTS STATE LEGISIATIVE
REPRESENT1ATIVES '10 SPONSOR AND SUPPORT A CONSTI-
TUTIONAL ADENIMNENT WHICH WILL PERMIT CITIES IN
CALIFORNIA TOILEVY .2% GROSS RECEIPTS TAX ON
TELEPHONE . -CO10TANIES'DOING BUSINESS THEREIN
WHEREAS, municipalities are prohibited by California
Constitution, Article XIJI,, Section 14, from taxing telephone compa-.n.11
at a higher rate than. they tax mercantile, manufacturing and bu'stress
corporations; -and
'WHEREAS, municipalities may require mercar,,tile, 'manufacturing
and business corporatio,ns to compensate them for the use and 'occupancy
of city streets and ways; and
WIRERE,AS, municipalities may not require telepho-,.e corporations
to compensate them f -or the use and occupa-ncy of city streets a-,rud ways,
except in- areas with -in. the. -1905 boundaries -of -a 'city which. in.'May, 1905,
had � freeholders" charter giving it paw'er't6 giant franchises to such
telephone corporations*; 'and
WHEREAS*, tel&phone companies, urn.like''mercantile, mar.ufacturing
and business corporation.s, use and occupy city streets and ways for the
major portion, of their. distribution systems within cities, Lncludir,,g
poles, overhead wiring, junction, boxes and exposed equipment which
obstruct the view or'persons traveling on adjacent
nt highway-s',4nd interfere
with the.:rights to -Fight-, air' 'an,.d view of adjacent property owners .; and
-7-
WHEREAS, it appears reasonable and justthat telephone com-
panies.,should be required to pay a fair compensation. to municipalities
for the use and occupancy of city streets and ways, as mercantile,
manufacturing and bu*si,-qess corporations are required to do under iden-
tical circumstances.
NOW, THEREFORE,, the City Council of the City of Rolling.Hills
resolves as follows'.
Section. 1. That State Assemblymen Charles Chapel and
Vincent Thomas are hereby requested and urged to sponsor and support in.
the 1965 Legisiacive Session an. amendment to Section 14 of Article X111
of the State Constitution which would permit municipalities to levy a
2% gross receipts tax on telephone companies dcing business therein, such
tax to be in lieu of any telephone franchise fee charged by such
municipality..
Section 2.. That State Senator ThLomas M. Rees is hereby r.
requested and urged 'to suppo-rt -i*p- the .1.965 Legislativ4 Session the
foregoing constitutional amencEaent,.
Section 3. The City Clerk is hereby directed to transmit
certified copies of this resolution to State Assemblymen Charles Chapel
and VincentThomasand to St -ate SerW-o:c Thomas M. Rees.
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PASSED, APPROVE, ,FyAND ADOPTED , this 26th day of April, 1965,
Mayor of the City of Rolling Hills
ATTEST:
City Jerk
D AS TO FORM-,
City Attorney
STATE OF CALIFORNIA )
)
COUNTY OF LOS ANGELES )
)
CITY OF ROLLING HILLS )
1, TEENA CLIFTON, City Clerk of the City of Rolling Hills,
do hereby certify that the foregoing Resolution being Resolution No, 1.91,
was passed and adopted by the City Council of said City of Rolling Hills,
California, signed by the Mayor of said City and attested by the City
Clerk all at a regular meeting_ thereof held on the twentylsixth day of
Apr il, 1965, and that. the same was passed and .adopted. by the following
vote, to wite
AYES: Councilmen Klein, Goodman, Fay and Mayor Tourtelot
NOES: Councilman. Van Note
ABSENT: None
City Cle t