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1952 Charter
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1952 Charter
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City Clerk
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Minutes
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Clerk of the Council
Date
12/8/1952
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vide this It shill endure in full force ind effect until the same, with the <br />consent of the Public Utilities Commicslon or Its successors of the State <br />of Califorole, or the Inter. State Commerce Commission as the else may <br />be, shall be veluntarlly surrendered or Ibandoned by its pOSsu~SQm, or <br />until the Stele of California, or some municipal or public corporation, <br />thereunto duly authorized by law, shill purchise by voluntary agree. <br />ment or shill condemn and take, under the power of eminent domain, <br />all property ~.ctually used and useful in the exercise of such frlnchlse <br />and situate within the territorial limits of the State, municipil, or public <br />corporition purchasing or condemning such property, or until the fran- <br />chise shill be forfeited for noncompliance with ifs terms by the pOsses- <br />sor thereof. <br /> Section 1302. FRANCHISES: GRANTS TO BE IN LIEU OF ALL <br />OTHER FRANCHISES. Any franchise grinted by the City with respect <br />to any given utility service shall be in lleu of all other franchises, <br />rights, or privileges owned by the grantee, or by any successor of the <br />grantee to any right under such franchise, for the rendering of such <br />utility service within tile limits of tho City os they may now or hereafter <br />exist, except any franchise derived under Section 19 of Article XI of the <br />Cnnstilution of the Stile of California as said section existed print to <br />amendment thereof adopted October 10, 1911. The acceptance of any <br />franchise hereunder, shill operate cs an abandonment of all such fran- <br />chise, rights, snd privileges within the limits of the City ss such limits <br />shill at any time exist, In lieu of which such franchise shsll be granted. <br /> <br /> Any franchise granted hereunder shall not become effective until <br />written icceptlnce thereof shall have been filed by the grsntea thereof <br />with the Clerk of the Council. Such acceptance shill be filed within <br />thirty days after the adoption of the ordinance granting the franchise, <br />or any extension thereof granted by the City Council, and when so filed, <br />such acceptance shall constitute i continuing agreement of such grantee <br />that if and when the City shall thereafter annex, or consolidate with, <br />additional territory, any and all frlnchises, rights, lad privileges owned <br />by the grantee therein, except · franchise derived under said constilu- <br />lionel provision, shall likewise be deemed to be abandoned within the <br />limits of such territory. <br /> <br /> Section 1303. FRANCHISES: RESOLUTION OF INTENTION, <br />NOTICE, AND PUBLIC HEARING. Before granting any franchise, the <br />City Council shall pass a resolution declaring its intention to grant the <br />same, stating the name of the proposed grantee, the character of the <br />franchise, and the terms and conditions upon which it is proposed to be <br />granted. Such resolution shall fix and set forth the day, hour, and place <br />when and where any parsons having any interest therein, or any obiec- <br />lion to the granting thereof, may appear before the City Council Ind be <br />heard thereon. The City Council shall direct the Clerk of the Council lo <br />publish said resolution at least once within fifteen days of the passage <br />thereof, in the official newspaper. Tho time fixed for such hearing shsll <br />not be less thin twenty nor more than sixty days after the pissage of <br />said resolution. At the time set for the hearing, the City Council shall <br />proceed to hear and piss upon Ill protests and its decision thereon shall <br /> <br /> <br />
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