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ORDINANCE NO. 536 N. S.
<br />(f) 'The phrase "con.stitutlonal expiration oaf each and every cal-
<br />C>RUINANCE G R A N T I N G TO
<br />franchise" shall mean the right
<br />endar ye'ax thereafter, a. duly
<br />PACIF,C GAS AND ELECTRIC
<br />acquired through acceptance by
<br />verified statement showing in de -
<br />COMPANY, ITS SUCCESSORS
<br />said g.untee or its predecessor
<br />tail the total gross receipts of
<br />AND ASCIGNS, THE FRAN-
<br />in estate of the offer contained
<br />such grantee during the preced-
<br />CHISE TO USE, FOR TRANS-
<br />in the pr:,vi:;i:,ns of Section 19
<br />ing calendar year, or such frac-
<br />MiTTING AND DISTRIBUTING
<br />of Ar-,_i::le XI of the Constits-
<br />tional calendar year, from the
<br />ELECTRICITY WITHIN THE
<br />tion of the State of California,
<br />saiA of electricity within said
<br />C,TY OF SAN LEANDRO FOR
<br />as said section, existed prior to
<br />city. Such grantee shall pay to
<br />ANY AND ALL PURPOSES
<br />its amendment on October 10
<br />said city within fifteen days a.f-
<br />OTHER THAN THOSE AUTH-
<br />1�)11, and new owned by said
<br />ter the time for filing such state-
<br />ORIZED UNDER SECTION 19
<br />grantee whit--h entitles it to use
<br />silent, in lawful money Of the
<br />OF ARTICLE XI OF THE CON-
<br />the public streets and thorough-
<br />Laited States, the aforesaid per-
<br />STITUTION OF THE STATE
<br />fares of said city and to con-
<br />centa.be of its gross receipts for
<br />C.F CALIFORNIA AS SAID
<br />st,,uct and use p,).les, wires and
<br />such calendar year, or such frac-
<br />SECTION EXISTED PRIOVI
<br />cunduAs therein: and connec-
<br />tional calendar year, covered by
<br />TO ITS AMENDMENT ON OC-
<br />tions therewith for distributing
<br />such statement. Any neglect,
<br />'OBER 10, 1911, ALL POLES,
<br />electricity and illuminaaing light
<br />omission or refusal by said gran-
<br />W,RES, CONDUITS AND AP-
<br />to the inhaaitants of said city.
<br />tee to file such verified state-
<br />r-u t. W H I C H ARE ✓
<br />Section 2. The franchise (a)
<br />meat, or to pay said percentage
<br />NOW OR MAY HEREAFTER
<br />to use, for transmitting and dis-
<br />at. the time and in the manner
<br />BE LAWFULLY PLACED IN
<br />tributing electricity within the
<br />specii ied, shall be grounds for
<br />THE PUBLIC STREETS, WAYS
<br />City of San Leandro for any and
<br />tho declaration of a forfeiture of
<br />AND PLACE-3 WITHIN SAID
<br />fJi purposes other than those
<br />this franchise and of all rights
<br />CITY, AND TO CONSTRUCT
<br />authorized under said constitu-
<br />of grantee hereunder.
<br />AND USE IN SAID PUBLIC
<br />tional franchise, all poles, wires,
<br />Section 6. This ordinance is
<br />STREETS, WAYS AND PLACES
<br />cunauits and appurtenances which
<br />granted under and in accordance
<br />:ALL POLES, WIRES, CON-
<br />now are or may hereafter be law-
<br />with provisions off said Franchise
<br />DUITS AND APPVRTENAN-
<br />,`a.ly placed in the streets within
<br />Act of 1537.
<br />C ES I NCLU D' NG COM M U N(I-
<br />said c.ty, and (1o) to construct
<br />Section 7. This ordinance shall
<br />CATION CIRCUITS NECES-
<br />,It, use in said streets all poles,
<br />become effective thirty days af-
<br />SARY OR PROPER FOR SAID
<br />wires, conduits and appurten-
<br />ter its final passage, unless sus-
<br />FURPOSES.
<br />antes. inc,uuinb communicaltion
<br />pended by a n efere patition
<br />The City Council of the City 01
<br />circuits, nuce4sary or proper for
<br />la
<br />filed as provided by law.
<br />San Leandro does ordain. as tot-
<br />said pu:p;,ses, is hereby granted
<br />Section 8. The Grantee of said
<br />lows:
<br />t,a pa,;i�.c (xas pad N lectni� Coni•
<br />franchise shall pay to the city
<br />Se.ctio;i 1. Whenever in this
<br />;zany. upon the terms and con -
<br />nition.s stt f,)rLh in the 1"ranchise
<br />a. sum sufficient to reimburse it
<br />ordinance the words or phrases
<br />hereinafter in this section defined
<br />,I- t Or 196,1 •
<br />nor all publication expense in -
<br />curred by it in connection with
<br />are used, they shall have the
<br />Section 3 Said franchise shall
<br />tha granting thereof; such pay -
<br />respective meanings assigned to
<br />be, for an indeterminate term or
<br />meat to be made within thirty
<br />them in the following definitions
<br />period from and aster the effective
<br />days after the city shall have
<br />Y
<br />(unless, in the given instance, the
<br />date hereof, teat is to say, said
<br />furnished such grantee with a
<br />context wherein they are used
<br />Lanchise shall endure in full
<br />written statement of such ex -
<br />shall clearly import a different
<br />force and effect until the same
<br />pense.
<br />meaning) :
<br />(a) The word "grantee" shall
<br />shall. with the consent of the
<br />lLaijrcad Commission of the State
<br />Section 9. Within ten days after
<br />mean the corporation to which
<br />o, California, be voluntarily sur-
<br />the passage and publication of
<br />the franchise contemplated in
<br />rendered or abandoned by tiie
<br />this ordinance the grantee shall
<br />rile the City Clerk a writtenl
<br />this ordinance is granted and its
<br />grantee, or until the stake c,r some
<br />with
<br />lawful miccessors or assigns;
<br />iiiunic:pal or puolic corporation
<br />acceptance of said franchise.
<br />Section 10. This ordinance shall
<br />(b) The word "citY" shall
<br />Lhe-reunto duly a'athorized by law
<br />be attested by the Clerk and
<br />mean the City of San Leandro,
<br />shall purchase by voluntary agree-
<br />a municipal corporation of the
<br />n„e-nt or ahail condo. -mu and take
<br />published by one insertion in the
<br />State of California, in its pres-
<br />under the power of emin:;nt do-
<br />San Leandro News, a newspaper
<br />otf cire'alation, printed,
<br />ent incorporated form or in any
<br />main, all property actually used
<br />general
<br />and circulated in the
<br />later reorganized, consolidated,
<br />and useful in the exercise of said
<br />published
<br />City of San Leandro and which
<br />e, n 1 a r g e d or re -incorporated
<br />franchise and situate in the ter-
<br />is hereby designated for that pur-
<br />form;
<br />ritorial limits of the state, muni-
<br />(c) The word "streets" shall
<br />.ipal or public corporation pur-
<br />pose.
<br />mean the public streets, ways,
<br />chasing or condemning such prop-
<br />Introduced by Councilman
<br />lanes, alleys or courts or other
<br />erty, cr until said franchise shall
<br />Groves this 17th day of January,
<br />public places (exclusive of
<br />{pe iorceited for noncompliance
<br />1938, and passed and adopted this
<br />parks) as the same now or may
<br />w'Alh its terms by the grantee.
<br />24th day of January, 1938, by the
<br />hereafter exist within said city:
<br />Section 4. The grantee of said
<br />foilowing called vote:
<br />(d) The phrase "poles, wires,
<br />�,
<br />franchise shall during the term
<br />Ayes: C o u n c i 1 ine n Groves,
<br />conduits a n d appurtenances"
<br />thereof pay tc said city two per
<br />Lawrence, Orendorff,
<br />(5)
<br />Shall mean poles, towers, sup-
<br />cent cf the gross annual re eipts.
<br />Thomas, Derry ........................
<br />ports, wires, conductors, cables,
<br />of said grantee arising from the
<br />use, operation or possession of
<br />Noes: Councilman --------------------(0)
<br />Absont: Councilmen __..-------_----(0)
<br />guys, stubs, platforms, cross-
<br />tranformers, in-
<br />said franchise; provided, however,
<br />Approved this 24th day of Jan-
<br />arms, braces,
<br />sulators, conduits, ducts, vaults,
<br />that such payment shall in no
<br />uary, 1933.
<br />manholes, rseters, cut-outs.
<br />event be less than a sum which
<br />EARL DE.RRY, Mayor.
<br />communication cir-
<br />shall be equivalent to one-half
<br />Attest' E. F. HUTCHINGS,
<br />-switches,
<br />cuits, appliances, attachments.
<br />per cent of the gross annual re-
<br />City Clerk.
<br />appurtenances and any other
<br />ceipts derived by grantee from
<br />the
<br />I, E. F. HUT'CHINGS, hereby
<br />located or to be locat-
<br />the sale of electricity within
<br />certify that the foregoing ordin-
<br />property
<br />ed in, upon, along, across, under
<br />limits of such city under said
<br />ante was passed and adopted by
<br />the streets of the city,
<br />franchise and said constitutional
<br />the City Council in meeting duly
<br />or over
<br />and used or useful in the trans-
<br />franchise.
<br />and z•eb�ularly assembled on the
<br />and
<br />mitting and/or distributing of
<br />Section 5. The grantee shall
<br />said city,
<br />day of January, 19 and
<br />electricity;
<br />file with the clerk of same correctly states the
<br />within three months after the ex-
<br />The �e phraseyeathe
<br />construct
<br />(e) adconstruct.
<br />to con-
<br />Oration the calendar
<br />vote thereon. E. F. HIT rCHINGS,
<br />use" shall mean
<br />install, lay, oiler'
<br />fractionalof
<br />calendar year,fallowing
<br />City Clerk of the City of
<br />struct, erect,
<br />ate, maintain, use, repair or re-
<br />the date of the granting hereof,
<br />within three months after the
<br />San Leandro.and
<br />place.
<br />ff
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