28 - Laserfiche WebLink

Home Browse Search

— 2 freeway within the purview of Section 703 of the Streets and Highways Code of the State of California, or any corresponding pro— visions of law. Section 4. Said franchise shall be indeterminate, that is to say, said franchise shall endure in full force and effect until the same shall, with the consent of the Public Utilities Commission of the State of California, be voluntarily surrendered or abandoned by grantee, or until the state or some municipal or public corporation thereunto duly authorized by law shall purchase by voluntary agreement or shall condemn and take under the power of eminent domain, all property actually used and useful in the exercise of said franchise and situate in the territorial limits of the state, municipal or public corporation purchasing or condemning such property, or until said franchise shall be forfeited for noncompliance with its terms by grantee. Section 5. Grantee of said franchise shall during the term thereof pay to city two per cent of the gross annual receipts of grantee arising from the use, operation or possession of said franchise; provided, however, that such payment shall in no event be less than one per cent of the gross annual receipts of grantee derived from the sale of gas within the limits of the city. Section 6. Grantee shall file with the Clerk of 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 thereafter, a duly verified statement showing in detail the total gross receipts of grantee during the preceding calendar year, or such fractional calendar year, from the sale of gas within city. Grantee shall pay to city within fifteen days after the time for filing such statement, in lawful money of the United States, the aforesaid percentage of its gross receipts for such calendar year, -or such fractional calendar year, covered by such statement. Any neglect, omission or refusal by 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 7. Said franchise is granted under the Franchise Act of 1937. Section 8. This ordinance shall become effective thirty days after its final passage unless suspended by a referendum petition filed as provided by law. Section 9. Grantee of said franchise shall pay to city a sum of money sufficient to reimburse it for all publications expenses incurred by it in connection with the granting thereof; such payment to be made within thirty days after city shall have furnished grantee with a written statement of such expenses. Section 10. The franchise granted hereby shall not become effective until written acceptance thereof shall have been filed by —2—