Chapter 5.68
FRANCHISES
Sections:
5.68.020 Authority of Council in granting franchises.
5.68.040 Notification of superintendent of streets when use or operation is begun.
5.68.050 Responsibility of grantee.
5.68.060 First annual payment—Report to finance director.
5.68.010 Required.
Any person or corporation, except those granted special privileges by law of the state, desiring to make use of any city street or city highway within the city for the purpose of erecting or installing therein or thereon any facility shall be required to obtain a franchise authorizing such use unless the same has been previously obtained. (Prior code § 12A.1).
5.68.020 Authority of Council in granting franchises.
Every franchise or privilege whatsoever hereafter proposed to be granted by the City Council shall be granted subject to the laws regulating the activity of the applicant therefor and the laws granting the franchises or privileges by the City Council, and the grantee of any such franchise or privilege shall have the right as against all persons to make use of the city streets and city highways as provided in the franchise or privilege granted by the City Council to the full extent of the lawful authority of the city to permit such use. (Prior code § 12A.2).
5.68.030 Transfer or sale.
The grantee of any franchise granted by this City Council shall not sell, transfer or assign any franchise or any of the rights or privileges granted thereby except by a duly executed instrument in writing; provided, however, that no such sale, transfer or assignment may be made without the consent of the City Council thereto, except that no provision of any franchise shall require any such consent and no consent shall be required for any transfer by the grantee in trust or by way of mortgage or hypothecation covering all and any part of the grantee’s property, which transfer, mortgage or hypothecation shall be for the purpose of securing an indebtedness of grantee or for the purpose of renewing, extending, refunding, retiring, paying or cancelling in whole or in part any such indebtedness at any time or from time to time. (Prior code § 12A.3).
5.68.040 Notification of superintendent of streets when use or operation is begun.
Before any use, operation or installation under any franchise shall be permitted, notification shall be made to the city superintendent of streets. (Prior code § 12A.4).
5.68.050 Responsibility of grantee.
The grantee of any franchise shall be responsible for and save the city free and harmless from all damages or liability arising from the use, operation or possession of the franchise and from use, operation or maintenance of the facilities erected, constructed or maintained thereunder. (Prior code § 12A.5).
5.68.060 First annual payment—Report to finance director.
The first annual payment provided for in any franchise shall be made by submitting two copies of a report, verified by the oath of a duly authorized representative of the grantee, setting forth the length of pipelines in the public highways and the total amount due insofar as such information is known to the grantee. In the event new pipelines have been laid in public highways subsequent to the previous report, there shall be included with the grantee’s report a statement showing the fact that a notice was presented to the superintendent of streets as provided herein, the date the pipe was laid, the feet specified in the notice and the feet laid. A complete computation of the license fee shall also be submitted with this report.
The finance director or his deputies or agents shall have the right to inspect the maps, records and physical properties of the grantee necessary to determine the number, location, extent and the period of maintenance of such pipelines. Such officers may, upon reasonable notice being given, inspect at the offices of the grantee reports or maps which reasonably affect any franchise, and the grantee shall promptly supply the same; provided, that in the event the grantee refuses any such request, the grantee or the finance director shall have the right of appeal to the City Council and the decision as to the reasonableness of such request thus obtained shall be final and binding upon the grantee and the city. (Prior code § 12A.6).
5.68.070 Date payment due.
All payments for the preceding calendar year shall be due and payable annually on or before the first day of April following such year. (Prior code § 12A.7).
5.68.080 Applicability.
(a) This chapter shall apply to any and all existing franchises or persons desiring to obtain a franchise from the City, except cable or video service providers, unless otherwise indicated herein.
(b) This chapter shall apply to Matrix Cablevision Inc. and TCI Cablevision of California, Inc., each of which are an existing cable franchisee within the City.
(c) This chapter shall apply to any person that was not a cable or video franchisee in the City on January 1, 2007, and that applies, on or before December 31, 2007, for a local franchise from the City.
(d) This chapter shall not apply to any cable or video service provider from and after the date that all cable operators and video service providers operating in the City have state franchises granted by the California Public Utilities Commission. (Ord. 956 § 2, 2007).