Anaheim Municipal Code Ch. 1.03 Franchise Applications

Applications for franchises and transfers of franchises, including applications for approval of changes in control of franchises, shall be submitted in writing to the City Clerk. (Ord. 5213 § 1 (part); April 16, 1991.)

Upon receipt of such an application, the City Clerk shall refer said application to the City Manager. The City Manager, or the designee thereof, shall perform the following tasks in relation to said application:

(a) The City Manager shall make a determination of the projected cost to the City of processing said application including, but not limited to, all engineering, legal, printing, publication, and staff costs which will be incurred by the City in processing said application.

(b) The City Manager shall review said application and determine what additional information, if any, is required by the City to process, review and act upon said application.

(c) The City Manager shall make a written request to the applicant for such additional information as the City Manager has determined to be necessary pursuant to subsection (b) above. (The "Request for Information" or RFI).

(d) The City Manager shall, in the exercise of his discretion, either refer said application, the completed response to the RFI, and any other information which the City Manager determines to be necessary to the City staff or to an outside consultant for the purposes of evaluation and preparation of a report and resolution of intention to grant a franchise to be presented to the City Council concerning the application. (Ord. 5213 § 1 (part); April 16, 1991.)

The City Manager shall provide to the applicant a written statement of the estimated costs of processing the application as determined pursuant to paragraph 2(b) above. The applicant shall, within ten working days tender to the City Clerk cash, a certified check, or other good funds in said amount to be utilized by the City to defray the City's costs in processing said application. Said amount shall constitute a nonrefundable deposit by the applicant to be retained by the City to offset the City's actual processing costs irrespective of the ultimate approval, conditional approval, withdrawal, or denial of the application by the City. (Ord. 5213 § 1 (part); April 16, 1991.)

The applicant shall diligently respond to the RFI and provide to the City Manager such additional information as the City Manager shall request in such format as designated by the City Manager. (Ord. 5213 § 1 (part); April 16, 1991.)

Upon receipt of the application, the deposit, the completed RFI, any additional information requested by the City Manager, a report prepared by the City staff or the City's consultant, the application and the proposed resolution of intention to grant the franchise shall be placed on the City Council agenda for consideration by the City Council. The failure of the applicant to pay the processing fee, complete the RFI, or to provide additional information requested by the City Manager shall stay processing of the application. The City Manager shall not place the application on the City Council agenda prior to the applicant's submittal of all of the items described in this chapter. If the applicant fails to complete the RFI, or fails to provide all of the additional information requested by the City Manager, or otherwise fails to cure any defect in the application, within sixty days following the date of the written request by the City Manager, the application shall be deemed denied without prejudice and no further action shall be taken with regard to such application. (Ord. 5213 § 1 (part); April 16, 1991; Ord. 5774 § 11; July 24, 2001.)

In determining whether to grant, conditionally grant, or deny a franchise for a service currently provided in the City by either the City or by private or other public entities, the City Council shall consider and weigh, among other things, the following factors:

.010 The adequacy of existing service within the City;

.020 The likely effect of the proposed franchise on the existing providers in the City in terms of deterioration of customer base and ability to adequately provide safe, reliable, economic service to their remaining customers;

.030 The term and proposed service territory of the requested franchise;

.040 The ability of the applicant to provide economic, reliable service to its proposed customers;

.050 The ability of the applicant to provide service under the requested franchise without duplicating existing distribution or transmission lines or other facilities within the City or otherwise unduly interfering with existing facilities located in or under public streets or otherwise using the public streets or rights-of-way;

.060 The effect of the proposed ordinance on the financial obligations of the existing service providers and the effect on such providers' ability to obtain future financing (e.g., effect on bond ratings);

.070 The short and long term benefits of the proposed franchise to the customers to be served by the applicant; and

.080 Any other factors affecting the health, welfare, or safety of the City and its residents. (Ord. 5364 § 1; April 17, 1993.)

The City Council may, upon reviewing all relevant evidence and determining that the applicant (and the current holder of the franchise, if applicable) is in strict compliance with the Charter of the City and all applicable laws, approve, disapprove, or conditionally approve the application and adopt the resolution of intention to grant said franchise and establish the date for the hearing on the proposed franchise ordinance. (Ord. 5213 § 1 (part); April 16, 1991.)

The requirements of this chapter shall not apply to any franchise for which a different procedure is expressly established by any other provision of this Code. (Ord. 5772 § 6; May 15, 2001.)