HomeMy WebLinkAboutOrd 196-1938 A~51~l~, ~ F~AN~HISE TO USE, FOR ~~~-
T~ ~ D~~INO ~IOI~ '~IT~I~ THE
C~ 0F S~~~ FOR ~ ~ ~
S~TION 19 0F ~ICLE ~ 0F ~ C0~~I~
.0Y ~ STYE 0F C~I~A ~ S~ S~ION
~~ ~ T0 ~S ~~ 0N ~0B~ 10
1911~ ~L P0~ W~s C0~S ~ ~-
~~ ~CH ~E N~ 0R ~Y ~~ BE
~ P~ ~IN S~ 'C~ ~ T0 CON~T
P~-aC~ ~ P0~, ~R~, C0~~ ~ ~-
T~~ I~L~I~ C0~CA~0N CIRCUS
~~Y 0R PROP~ 'F~ Sl~ P~~.
The Cit7 Council of the Clt]~ of ~ lan ~
6oes ordain as follows:
Seotlon lo ~en~er in ~his or~tnanee the wor~s
or phrases hereina~er in this seetion ~efined are use~, the~
shal~ ha~e the resp~tive ~in~s aSsi~n~ to them tn the
~olloei~ ~efinitions (~less, tn the ~$ven instance, the con-
te~ eheretn the~ are use~ shall el~rly impo~ a difffferent
(a) ~e wo~ "6rantee' sh~l mean the cor-
poration to which the franohtae oon~emplated tn
this ordinance Is ~ante~ an~ its lawful sueoes-
(b) The wo~ 'eXt,& shall mean the CXt~ of
~he S~a~e 0f California~ in its present Xnoorporate~
fo~ or ~ any later reorganize, oonsolXda~ed~
enlar~ or re-inoorpora~ fora;
(e) ~e word 'streets' shall mean ~he publie
streets, ways, alleys ~ plaees as the same now
or ~ herea~er ex[st within sai~ eity~
NTRALRECOE6~
(d) Se p~rase "~oles, wires, eon4uits an~
appurtena~oea" shall mean ~les, ~owera. su~o~s.
wires, oon~uotora, aablea, ~s, s~ub., ~la~-
fo~, ~8s~, braces, ~r~sfo~era,.inau.
pltaa~es, a~ae~a~s, a~eaaaoes a~ ~y o~er
prope~y loea~e~ or to be looa~eG
aoross, ~er or over the
an~ use~ or useful tn the t~~tl~ ancot
~istributl~ of electricity
~e~ ~e phrase 'oonstru~ ~d use' ah~l
me~ to const~e~, erect, inst~l, lay, opera~e,
~ln~ain, use, repair or ~pla~.
{f~ The phrase 'oons~ltution~ f~nchiae'
shall mean the right aequir~ t~o~ acceptance
by aal~ grantee or its pre~eoessor In estate of
the offer 'eontaine~ in the ~o~istons of Section
19 of ~lele ~ of the Constitution of the
State of~alffo~ia, as sat~ section existed
prior to its ~~ent on O~ober 10, 1911.
Section 2. ~e franchise (a~ to use, for trana-
~tting and distri~ti~ eleetrici~2 wlShin ~he ~lt2 of
~b ~ ~ for any an~ all purposes other
than ~hose authoriz~ ~der sal~ constitutional fmnehiae,
· 11 poles, sires, conduits and appu~enaneea which now
or may hereafter be lawfully placed in the streets within
said city, and (b) to construct and use in said streets
all poles, wires, conduits and appurtenances, including
ooumunieation circuits, necessary, or proper for said pur-
poses, is hereby granted to . FteAfXe ~ta aaa F. loet~e
~ upon the terms and conditiOns set
forth in the F~.anehtse Act of 1957.
Section 3. Said franchise shall be indeter-
m~nate, that is to say, said franchise shall endure in
f~l' force and effect until the same shall, with the
°°neent of the Rallroa~ Ccanaission of the State of Cali-
fornia, be ~oluntarIXy surrendered or abandoned by the
~antee, or until the state or some municipal or public
e~rporetion thereunto duly authorized by law shall purchase
by voluntary agreement or shall condemn and take under
the power of eminent do~ain, all property actually used
and u~efuX in the exercise of said franchise and situate
in the territorial li~ts of the state, municipal or
public corporation purchasing or eonde~ning such property,
or until said franchise shall be forfeited for noncom-
plianee with its terms by the grantee.
Section 4, The grantee of said franchise shall
during the term thereof pay to, said wit7 a sum enntlally
which shall be ~quivalent to two per went of the gross
annual receipts of said grantee a~istng from the use, op-
eration or possession of said franchise; provided, h~ever,
that such payment shall in no event be less than a sum which
shall be equivalent to one-half per cent 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 shall file with the clerk
of said city, within three months after the expiration of
the calendar year, or fractional calendar year, following
the date of the granting hereof, and within three months
after the expiration of each and every calendar year there-
after, a duly verified statement showing in detail the total
gross receipts of such grantee during the preceding calendar
year, or such fractional calendar year, from the sale of
electricity within said city. Such grantee shall pay to
said city within fifteen days after the time for filing such
statement, in lawful money of the United States, the afore-
said percentage of its gross receipts for such calendar
year, or such fractional calendar year, covered by such
statement. Any neglect, omission or refusal by said grantee
to file such verified statement, or to pay said percentage
at the time and in the manner specified,.shall be grounds
for the declaration of a forfeiture of this franchise and
of all rights of grantee hereunder.
Section 6. This franchise is granted under and
in accordance with the provisiQns of said Franchise Act of
1937.
Section 7. This ordinance shall become effective
thirty days after its final passage, unless suspended by a
referendum petition filed as provided by law.
4:
8eotion 8. The grantee of 8aid franohise
shall pay to the oity a sum of money 8uff~oient to
reimburse it for all publioation expenses ~no~red by
~t ~ oo~eot~on with the g~ant~ thereoff; suoh ~e~
~o be made w~th~n t~r~y days after the
~i~ed euoh ~ntee ~th a ~ttten stat~ent off suoh
e~enseo,
~eot~on 9. ~e ~oh~oe ~ranted hereby
not ~o~ effeotive ~til ~itten aooeptance thereof
8~1 have boon f~lod b7 the ~toe ~th the City Clerk.
Seotion ~0. ~e C~ty Clerk ~ ca~e this
ord~n~oe to be published onoe wi~n fifteen (~) da~
Francisco ~ourn~[,
a n~spa~r of ~ener~ o~ation published ~d oircu~ated
First road at a ros~lar meetin~ of the 'Ctt~
Counoil of said oity held on the ?~ day of ~
end finaZly adopted end ordered publ~s~d et a
~e~ meeti~ of n~d Co.oil held on the ~ day ~
~~: Co~o~ ~~
_ ,mi