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SECTION 4. DURATION OF FPANCHIiE: No franchise, granted by the City
<br />Council under this Ordinance, shall be for a term longer than twenty (20) years
<br />following the date of acceptance of such ~rmncnisa by the grantee or the renewal
<br />thereof. Any such franchise may be terminated prior to its date of expiration
<br />by the City Council in the event that said Council shall have found~ after notice
<br />and public hearing, that (a) the grantee has failed to comply with any provision
<br />of this Ordinance, or has, by act or omission, violated any term or condition of
<br />any franchise or permit issued under this Ordinance; or (b) any provision of this
<br />Ordinance has become invalid or unenforceable, and the Council further finds that
<br />such provision constitutes a consideration material to the grant of said franchise;
<br />provided, however, that the grantee shall be given at least thirty (30) days'
<br />notice of any proposed termination proceedings.
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<br /> SECTi~t 5. FRANCHISE PAYMENT: Any grantee granted a franchise under this
<br />Ordinance shall pay to the City, during the life of such franchise, and at the
<br />times hereinafter specified, a sum equal to two (2) per cent of the monthly total
<br />gross receipts of the grantee. Such payment by the grantee to the City shall be
<br />in lieu of any occupation tax, license tax or similar levy, and shall be paid
<br />monthly or as directed by the City.
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<br /> ll%e grantee shall file with the City, within thirty (30) days after the
<br />expiration of any calendar year during which such franchise is in force, a finan-
<br />cial statement prepared by a certified public accountant showing in detail the
<br />total gross receipts, as defined herein, of grantee, its successors or assigns,
<br />during the preceding calendar year. It shall be the duty of grantee to pay to the
<br />City, within fifteen (15) days after the time for filing such statements, any
<br />unpaid balance for the calendar year covered by such statements. In any year, or
<br />portion thereof, commencing with the beginning of the fourth (dth) year following
<br />the effective date of said franchise, during which payments under this section
<br />amount to less than One Hundred Dollars ($100.00) per month, grantee agrees to
<br />pay the City the minimum amount of One Hundred Dollars ($100.00) per month.
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<br /> The City shall have the right of inspection of the grantee's records
<br />shov~.ng its gross receipts.
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<br />SECTiOII 6. LIMITATIONS OF FRANCHISE:
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<br />(a) Franchise granted under this Ordinance shall be nonexclusive.
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<br /> (b) No privilege or exemption shall be granted or conferred by any
<br />franchise granted under this Ordinance except those specifically prescribed herein.
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<br /> (c) Any privilege claimed under such franchise by the grantee in
<br />any street, or other public property, shall be subordinate to any prior lawful
<br />occupancy of the streets, or other public property, and shall be in conformance
<br />with Section 53066 of the California Government Code.
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<br /> (d) Any such franchise shall be a privilege to be held in personal
<br />trust by the original grantee. It cannot in any event be sold, transferred, leased,
<br />assigned or disposed of, in whole or in part, either by f¢.rced or involuntary sale,
<br />or by voluntary sale, merger, consolidation or otherwise, without prior consent
<br />of the City expressed by resolution, and then only under such conditions as may
<br />be there~n p~escribed. The said consent of the City may not be arbitrarily re-
<br />fused; provided, however, the proposed assignee must show financial responsibility
<br />and must agree ~o comply with all provisions of ~his Ordinance; and provided,
<br />further, that no ~uch consent shall be required for a transfer in trust mortgage
<br />or other hypoth~cation as a who!e: to secure an indebtedness.
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<br /> (e) The grantee shall have no recourse whatsoever against the City
<br />for any koss~ cost, expe~se~ or damage, arising out of any provisions or require-
<br />ments of ~his Ordinance or its enforcement.
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<br /> [f) '27, e gra:~cee is subject to all requirements of the City ordinan~:
<br />rules, ragulagzo~s and ~pecificationo ef the City heretofore or hereafter enacted
<br />or established, including, but not limited to, those concerning street work, street
<br />excavations, use, removal and relocation of property within a street, and other
<br />street work.
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<br /> SECTION 7. RIGHTS RESERVED TO %%{E CITY: There is hereby reserved to the
<br />City every right and power ~nich is ~quired ~o be herein reserved or provided by
<br />any ordinance of the City, and the grantee, by its acceptance of any franchise,
<br />agrees to be bound thereby and to comply with any action or requiremen~s of the
<br />City in its exercise of such right or power, heretofore or hereafter enacted or
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