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bo final end conclusive. Thereafter, It may grant, or deny, the franchise, subEect to tho right of referendum of the people. Section 1304. FRANCHISES: DUTIES OF GRANTEES. By its acceptance of any franchise hereunder, the grantee shill covenant and agree to perform end be bound by each end all of the terms and condi- t/oas imposed in the grant, or by procedural ordinance, and shell further agree to: ia) Comply with all lawful ordinances, rules, end regulations thoretofore or thereafter adopted by tho City Council in the exercise of its police power govornlng the construction, maintenance, end operation of tho grantee's pleats, works, or equipment; (b) Pay to the City on dumand tho cost of ell repairs to the public property made necessity by any of tho operations Of tho grantee under such franchise; lc) Indemnify end hold harmless the City end its officers from any end all (iabiitiy for damages proximately resulting from any operations under such franchise; id) Remove and relocate without exponse to tho City any facilities installed, used, and maintained under the franchlee if and when mede necessity by any lawful change of grade, alignment, or width of any public street, way, alley, or piece that is not i freeway to which all rights of eccecs have been acquired by the State of California, including the construction of any subway or viaduct, or if tho public health, com- fort, welfare, convenience, or safety so demands; (e) Pay to the City during th· life of the franchise a percentage, to bo specified in the grant, of the gross annual receipts of the grantee within the limits of the City, or such other componsition as the City Council may prescrlbo in the grant. Section 13Q5. EXERCISE OF PRIVILEGE WITHOUT FRANCHISE. The exercise by any person, firm, or corporation of any prlvllego for which a franchise is required, without possessing i valid and existing franchise therefor, shall be · misdemeanor end shill be punishable in the same manner as violations of this Charter are punishable end each day that such condJtlon continues to exist shall constitute a separate violation. Section 1306. EMINENT DOMAIN. No franchise grant shell in any way, or to any extent, impair or effect the right of the City to acquire the property of the grantee thereof either by purchase or through the exercise of the right of eminent domain end nothing herein contained shall be construed to contract sway or to modify or to abridge, oithar for e term or in perpetuity, the City's right of eminent domain with respect to any public utility. Section 1:307. CiTY.OWNED UTILITIES. In the event that any public utility shall be taken over by the City, by purchase or through tho