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<br />owned by the grantee, or by any successor of the grantee to any rights under this
<br />franchise, For transmitting and distributing gas within the limits of the City, as said
<br />limits now or may hereafter exist, and the acceptance of the Franchise hereby granted
<br />shall operate as an abandonment of all such franchises, rights and privileges within
<br />the limits of this City, as such limits now or may hereafter exist, in lieu of which
<br />this franchise is granted.
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<br />SECTION FIVE
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<br /> .The franchise granted hereunder shall not become effective until written
<br />acceptance thereof shall have been filed by the grantee thereof with the Clerk of the
<br />City. When so filed, such acceptance shall constitute a continuing agreement of the
<br />grantee that if and when the City shall thereafter annex or consolidate with, additional
<br />territory, any and all franchise rights and privileges owned by the grantee therein,
<br />except the franchise derived under the aforesaid Constitutional provision, shall likewis
<br />be deemed to be abandoned within the limits of such territory.
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<br />SECTION SIX
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<br /> The franchise granted hereunder shall not in any way or to any extent impair
<br />or affect the right of the City to acquire the property of the grantee hereof either
<br />by purchase or through the exercise of the right of eminent domain, and nothing herein
<br />m~ntatned shall be construed to contract away or to modify or abridge, either for a term
<br />or in perpetuity, the City's right of eminent domain in respect to the grantee or any
<br />public utility. Nor shall this franchise ever be given any va~ue before any cour~ or
<br />other public authority in any proceeding of any character in excess of the cost to the
<br />grantee of the necessary publication and any other sum paid by it to the City therefor
<br />at the time of the acquisition thereof.
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<br />SECTION SEVEN
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<br /> The grantee of this franchise shall file a bond, running to the City, with at
<br />least two good and sufficient sureties, to be approved by the legislative body thereof,
<br />in a penal sum of $1,000.00, conditioned that the grantee zhall well and truly observe,
<br />fulfill and perform each and every term and condition of this franch~e, and that in
<br />case of any breach of condition of said bond, the whole smonnt of the penal sum therein
<br />named shall be taken and deemed to be liquidated damages and shall be recoverable from
<br />the principal and sureties upon said bond. Said bond shall be filed with the
<br />legislative body of the City within five (5) days after the date of the granting of this
<br />franchise; and in case said bond shall not be so filed, or shall not receive the approva~
<br />of the legislative body, this franchise shall be forfeited and any money paid to the
<br />City in connection therewith shall likewise be forfeited.
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<br />SECTION EIGHT
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<br />Th~ grantee of this franchise shall
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<br /> (a) construct, install and maintain all pipes and appurtenances in accordance
<br />with and in conformity with all of the ordinances, rules and regulations heretofore or
<br />hereafter adopted by the legislative body of this City in thc exercise of its police
<br />powers and not in conflict with the paramount authority of the State of California, and,
<br />as to State highways, subject to the provisions of general laws relating to the location
<br />and maintenance of such facilities;
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<br /> (b) pay to the City, on demand, the co~t of all repairs to public prcperty
<br />made necessary by any operations of the grantee under this franchise;
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<br /> (c) Indemnify and hold harmless the City and its officers fr~m any and all
<br />liability for damages proximately resulting from~any operations under this franchlse~
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<br /> (d) remove or relocate, without expense to the City, any facilities installed
<br />used and maintained under this franchise if and when made necessary by any lawful
<br />change of grade, alignment or width of an~ public street, way, alley or place, including
<br />the construction of any subway or viaduct by the City; and
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<br /> (e) file with the legislative body of the City within thirty (30) days after
<br />any sale, transfer, assignment or lease of this franchise, or any part thereof, or of an
<br />of the rights or privileges granted thereby, written evidence of the same, certified
<br />thereto by the grantee or its duly authorized officers.
<br />
<br />SECTION
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<br /> The Engineer shall have power to give the grantee such directions for the
<br />location of any pipes and appurtenances as may be reasonably necessary to avoid sewers,
<br />water pipes, conduits or other structures lawfully in or under the streets; and before
<br />the work of constructing any pipes and appurtenances is commenced, the grantee shall
<br />file with said Engineer plans showing the location thereof, which shall be subject to
<br />-the approval of said Engineer (such approval not to be unreasonably withh~ld); and all
<br />such construction shall be subject to the inspection of said Engineer and done to his
<br />reasonable satisfaction. All street coverings or openings of traps, vaults, and
<br />manholes shall at all times be kept flush with the surface of the streets; provided,
<br />however, that vents for undergro,~_ud traps, vm~lts and manholes may extend above the
<br />surface of the streets when said vents are located in parkways, between the curb and the
<br />property llne.
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<br /> Where it is necessary to lay any underground pipes through, under or across any
<br />portion of a paved or macadamized street, the same, where practicable and economically
<br />reasonable shall be done by a tunnel Or bore, so as not to disturb the foundation of such
<br />paved or macadamized street; and in the event that the same cannot be so done, such work
<br />.shall be done under a peEnit to be granted by the Engineer upon application therefor.
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