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61-252
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Last modified
1/3/2012 12:37:12 PM
Creation date
6/26/2003 10:27:34 AM
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City Clerk
Doc Type
Resolution
Doc #
61-252
Date
11/6/1961
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(8) <br /> <br />(9) <br /> <br />for which this franchise is awarded. The grantee of this franchise <br />s~all file with the Clerk of the City within three (9) months <br />after the expiration of the calend~r ye~r~ or fractional calendar <br />ye~r~ followin~ the date of the grant of this franchis% and <br />within three (5) months ~fter the expiration of each and every <br />calendar year thereafter~ a duly verified statement showing in <br />detail the total gross receipts of the grante% its successors <br />or assigns~ during the preceding calendar year, or such fractional <br />calendar year~ from the sale of the utility service within the <br />City for which this franchise is granted. The grantee sha]~ <br />pay to the City within fifteen (15) days after the time for filing <br />such statement, in lawful money of the United States~ the specified <br />percentage of its gross receipts for the calend~r year or such <br />fractional calendar year, covered by such statement. Any neglec% <br />omission or refusal by the grantee to file such verified statemen% <br />or to pay said percentag% at the times or in the msmner herein- <br />before provided~ sh~l 1 be grounds for the declaration of a <br />forfeiture of this franchise and of all rights thereunder. <br /> <br />Grantee sha~ 1 not permit any right or privilege granted by the <br />franchise to be exercised by another~ nor shall the franchise or <br />any interest therein or any right or privilege thereunder be in <br />whole or in part sold~ transferred~ leased~ assigned, or disposed <br />of without the consent of the City expressed by resolution; <br />provtded~ however~ that the provisions of the franchise shall not <br />require any such consent and no consent shall be required for any <br />transfer by grantee in trust or by way of mortgage or hypothecation <br />covering ~.~1 or any part of grantee's property, which transfer~ <br />mortgage or hypothecation shall be for the purpose of securing <br />an indebtedness of grantee or for the pttrpose of renewing~ extending~ <br />refunding~ retiring, paying or cancelling in whole or in part an~ <br />such indebtedness at any time or from time to time. Any such sal% <br />leas% assignmen% or other disposition of franchise for which <br />consent of the City is required hereunder shall be evidenced by a <br />dtuly executed instrument in writing filed in the office of the City <br />Clerk. <br /> <br />In the event the grantee shall fail to keep, ftulfi]_l or perform <br />any of the terms or conditions of the franchise and shs. U 1 fa~l to <br />remedy such default within thirty (30) days after notice from the <br />City~ the City Council may, at its option exercised by resolution <br />or orS~nanc% declare the franchise forfeited. Upon such declara- <br />tion of forfeiture the franchise shs.~ be deemed cancelled and <br />terminated and ali of the rights and privileges sttrrendered and <br />terminated s.na the City may therea2ter exclude the grantee from <br />further use of the public streets~ alleys and ways under the <br />franchise. <br /> <br />(10) The work of constructing~ maintaining~ operating~ renewing~ <br /> rep~iring~ changing the size or removing any pipe line, under <br /> the franchise shall, at a]_l times during the term of the franchise, <br /> in all respects comply with all of the rules~ regulation% ordinances <br /> and enactments of the City of Santa Aha and of such federal, <br /> state and county authorities as may have jurisdiction over said <br /> facilities; provided~ however~ that in each instance the paramount <br /> authority shall be binding on the grantee; and the City of Santa <br /> Ana hereby reserves ad~ regulatory power by law allowedto it over <br /> and with reference to the franchise and the exercise of rights~ <br /> power% and privileges under the same by the grantee. <br /> <br />(~l) The location of the proposed pipe line s~atl follow the route as <br /> generally designated in the plat attached hereto dated J~ly 5~ <br /> 1961~ number OB-~=~ Rev.=~ ~ and shall be subject to the approval <br /> of the City Engineer of Santa An% California. <br /> <br /> <br />
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