Hidden Hills Municipal Code Art. A General

This Chapter regulates the granting of franchises by the City for the purposes enumerated herein. This Chapter may be referred to as the City's Franchise Regulations.

(Ord. 177, 8-19-85)

The following terms are defined for the purposes of this Chapter:

Building Official: The Building Official of the City of Hidden Hills.

City: The City of Hidden Hills.

Council: The City Council of the City of Hidden Hills.

Customer: Any person or entity within the City receiving service from the grantee.

Grantee: The person, firm or corporation to whom or to which a franchise is granted by the Council pursuant to the provisions of this Chapter and the lawful successor, transferee or assignee of such person, firm or corporation.

Subscriber: A person who obtains services from a grantee under a franchise.

(Ord. 177, 8-19-85; 1994 Code)

A. Any persons desiring to obtain a franchise under this Chapter shall make application upon forms provided by the City Clerk.

B. The Building Official shall review the application and present a report with recommendations to the Council.

C. The Council shall conduct a public hearing to consider the Building Official's report and recommendations and shall approve, deny or conditionally approve the application. The decision of the Council shall be final.

(Ord. 177, 8-19-85)

A. Ordinance or Resolution Required; Conditions of Effectiveness: No franchise shall become effective until an ordinance or resolution granting the franchise has become effective and all things required in this Chapter are completed. In the event any of such things are not completed in the time and manner required, the Council may declare the franchise null and void.

B. File Acceptance of Franchise: Within 20 days after the effective date of the ordinance awarding a franchise or within such extended period of time as the Council, in its discretion, may authorize, the grantee shall file with the City Clerk a written acceptance of the franchise, in a form satisfactory to the City Attorney, together with the other documents required by this Chapter and an agreement to be bound by and to do all things required by the provisions of this Chapter and the franchise. Such acceptance and agreement shall be acknowledged by the grantee before a notary public and shall be in form and content satisfactory to and approved by the City Attorney.

C. Term: No franchise granted by the Council shall be for a term longer than 30 years following the date of acceptance of the franchise by the grantee.

D. Renewal: Franchises shall be renewable at the application of the grantee, in the same manner and upon the same terms and conditions as required by the provisions of this Chapter for obtaining the original franchise, except those which are by their terms expressly inapplicable; provided, however, the Council, at its option, may waive compliance with any or all of the requirements of an ordinance granting the franchise.

(Ord. 177, 8-19-85; 1994 Code)

A. Nonexclusive: Any franchise granted pursuant to the provisions of this Chapter shall be nonexclusive.

B. No Implied Privileges: No privilege or exemption shall be granted or conferred by any franchise except as specifically prescribed in this Chapter.

C. Subordinate Privileges: Any privilege claimed under any franchise by the grantee in any street or public property shall be subordinate to any prior lawful occupancy of the streets or public property.

D. Transfer of Franchise Restricted: Any franchise shall be a privilege to be held in personal trust by the original grantee. Such franchise cannot, in any event, be sold, transferred, leased, assigned or disposed of, in whole or in part, either by forced or involuntary sale or by voluntary sale, merger, consolidation or otherwise without the prior consent of the Council, expressed by resolution, and then only under such conditions as may therein be prescribed. Any such transfer or assignment shall be made only by an instrument, in writing, a duly executed copy of which shall be filed in the office of the City Clerk within 30 days after any such transfer or assignment. The consent of the Council may not be arbitrarily refused; provided, however, the proposed assignee shall show financial responsibility and shall agree to comply with all of the provisions of this Chapter, and provided, further, no such consent shall be required for a transfer in trust, mortgage or other hypothecation, as a whole, to secure an indebtedness.

E. Time of Essence: Time shall be of the essence of any franchise. The grantee shall not be relieved of his obligation to comply promptly with any of the provisions of this Chapter or by any failure of the City to enforce prompt compliance.

F. Rights and Powers of City: Any right or power in, or duty impressed upon, any officer, employee, department or board of the City shall be subject to transfer by the City to any other officer, employee, department or board of the City.

G. Recourse for Loss or Damage: The grantee shall have no recourse whatsoever against the City for any loss, cost, expense or damage arising out of any provision or requirement of this Chapter or of any franchise or because of the enforcement of the provisions of this Chapter.

H. City Laws to Govern: The grantee shall be subject to all City laws, rules, regulations and specifications heretofore or hereafter enacted or established.

I. Refusal of Service: No person in the existing service area of the grantee shall be arbitrarily refused service; provided, however, the grantee shall not be required to provide service to any customer who does not pay the applicable fee or monthly service charge.

J. Additional Terms and Conditions: The Council shall impose additional terms and conditions for the granting of a franchise as are necessary to implement the provisions of this Chapter, including but not limited to provisions concerning the facilities of the grantee and operational standards. These additional terms and conditions shall be set forth in the ordinance or resolution granting the franchise.

(Ord. 177, 8-19-85; 1994 Code)

A. Nothing contained in this Chapter shall be deemed or construed to impair or affect, in any way, to any extent, the right of the City to acquire the property of the grantee, either by purchase or through the exercise of the right of eminent domain, at a fair and just value, which shall not include any amount for the franchise itself or for any of the rights or privileges granted, and nothing contained in this Chapter shall, in any way, modify or abridge the City's right of eminent domain.

B. There is hereby reserved to the City every right and power which is required to be reserved or provided by the provisions of this Chapter or by any law of the City, and the grantee, by its acceptance of any franchise, agrees to be bound thereby and to comply with any action or requirement of the City in its exercise of such rights or powers heretofore or hereafter enacted or established.

C. Neither the granting of any franchise nor any of the provisions contained in this Chapter shall be construed to prevent the City from granting any identical or similar franchise to any other person within all or any portion of the City.

D. Neither the granting of any franchise nor any provision of this Chapter shall constitute a waiver or bar to the exercise of any governmental right or power of the City.

E. No provision of this Chapter shall be deemed or construed so as to require the granting of a franchise when, in the opinion of the Council, it is in the public interest to restrict the number of grantees.

(Ord. 177, 8-19-85; 1994 Code)

A. The Council may do all things which are necessary and convenient in the exercise of its jurisdiction under the provisions of this Chapter and may determine any question of fact which may arise during the existence of any franchise.

B. The City Manager is hereby authorized and empowered to adjust, settle or compromise any controversy or charge arising from the operations of any grantee under the provisions of this Chapter, either on behalf of the City, the grantee or any subscriber, in the best interests of the public. Either the grantee or any member of the public who may be dissatisfied with the decision of the City Manager may appeal the matter to the Council for hearing and determination. The Council may accept, reject or modify the decision of the City Manager, and the Council may adjust, settle or compromise any controversy or cancel any charge arising from the operations of any grantee or from any provision of this Chapter.

(Ord. 177, 8-19-85; 1994 Code)