Franchises 1913-1934 - Laserfiche WebLink

Home Browse Search

F F* SECTION 3: Said franchise shall be indeterminate, that is to say, said franchise shall endure in full force and effect until the same shall, with the consent of the Railroad Commission of the State of California, be voluntarily surrendered or abandoned by the possessor thereof, or until the State or some municipal or public corporation thereunto duly authorized by law shall purchase by voluntary agreement or shall condemn and take under the power of eminent domain, all property actually used and useful in the exercise of said franchise and situate in the territorial limits of the state, municipal or public corporation purchasing or dondemning such property, or until said franchise shall be forfeited for noncompliance with its terms by the possessor thereof. SECTION 4: The grantee of said Franchise shall, during the term hereof, pay to said city, during the life of the franchise a sum annually which shall be equivalent to two percent (2%) of the gross annual receipts of said grantee arising from the use, operation or possession of said franchise; provided, however, that such payment shall in no event be less than a sum which shall be equivalent to one -half per cent (1/2 %) of the gross annual receipts derived by grantee from the sale of electricity within the limits of such city under said franchise and said constitutional franchise. SECTION 5: The grantee hereof shall file with the City Clerk of the City of Santa Ana, within three (3) months after the expiration of the calendar year, or. fractional calendar year, following the date of the granting of this franchise, and within three (3) months after the expiration of each and every calendar year thereafter, a duly verified statement showing in detail the total gross receipts of said grantee, its successors or assigns, during the preceding calendar year, or such fractional calendar year, from the sale of the utility service for which this franchise is granted and from said Constitutional franchise. It shall be the duty of the grantee to pay to the City of Santa Ana within fifteen (15) days after the time for filing said state- ment, in lawful money of the United States, the specified percentage of its gross receipts for the calendar year, or such fractional calendar year, covered by said statement. Any neglect, omission or refusal of said grantee to file said verified statement, or to pay said percentage at the times or in the manner hereitlbefore pr shall be &rftn.de for the declaration of a forfeiture of this franchise and of all rights hereunder. SECTION 6: This ordinance is granted under and in accordance with provisions) of said Franchise Act of.1937. SECTION 7: This grant is made in lied of all other franehiseq, rights, or privileges owned by the grantee, or by any successor of, the grantee to any rights under this franchise, for transmitting and distributing electricity f6r all purposes not included in said constitutional f ranchise.within the limits of the City, as said limits!, now or may hereafter exist, and the acceptance of the franchise hereby granted shall operate as an abandonment of all such other franchises, rights and privileges within the limits of this City, as such limits now or may hereafter exist, in lieu of which this franchise is granted. SECTION S: The franchise granted hereunder shall not become effective until written acceptance thereof shall have been filed by the grantee thereof with the Clerk of the City. When so filed, such acceptance shall constitute a continuing agreement of the grantee that if and when the City shall thereafter annex or consolidate with, 629