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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