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CA TV <br />Page 9 <br />(b) Pay to the City on demand the cost of all repairs to the <br />public property made necessary by any of the operations of the <br />grantee under such franchise; <br />(c) Indemnify and hold harmless the City and its officers from <br />any and all liability for damages proximately resulting from any <br />operations under such franchise; <br />(d) Rei:,ove and relocate v.ithout expense to the City any facil- <br />ities installed, used, and maintained under the franchise if and when <br />made necessary by any lawful change of grade, aligr_ment, or width <br />of any public street, %,,ay, alley, or place that is not a free�,ray to <br />which all rights of access have been acquired by the State of Calif- <br />ornia, including the construction of anv sub�,a_y or viaduct, or if the <br />public health, comfort, welfare, convenience, or safety so demands; <br />(e) Pay to the City during the life of the franchise a percentage, <br />to be specified in the grant, of the gross annual receipts of the <br />grantee �,ithin the limits of the City, or such other compensation as <br />the City Council may prescribe in the grant. <br />Section 1305. Exercise of Privilege j-ithout Franchise. <br />The exercise by any person, fire, or corporation of any privilege <br />for which a franchise is required, without possessing a valid and <br />existing franchise therefor, shall be a misdeleanor and shall. be <br />punishable in the same manner as violations of this Charter are <br />punishable and each day that such condition continues to exist shall <br />constitute a separate violation. <br />Section 1306. Eminent Domain. <br />No franchise grant shall in any way, or to any extent, impair or <br />affect the right of the City to acquire the property of the grantee <br />thereof either by purchase or through the exercise of the right of <br />eminent domain and nothing herein contained shall be construed to <br />contract away or to modify or to abridge, either for a term or in <br />perpetuity, the City's right or eminent domain with respect to any <br />public utility. <br />Section 1307. City- O:�ned Utilities. <br />In the event that any public utility shall be taken over by the <br />City, by purchase or through the exercise of the right of eminent <br />domain, the franchise shall have no value. <br />