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