Monte Sereno Municipal Code Ch. 11.01 General Provisions

The grantee of any franchise granted under this Title 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, 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 governing all and any part of 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.

Before any use, operation or installation under any franchise shall be permitted, notification shall be made to the City Engineer. Nothing herein shall be Construed to mean that the grantee need secure approval of any such use, operation or installation, provided that reasonable regulations may be imposed by the City Engineer to protect the public.

The grantee of any franchise shall be responsible for and save the said City of Monte Sereno 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.

Every new pipeline laid or maintained pursuant to any franchise granted pursuant to this Chapter shall be laid at such depths under the surface of the public streets, roads, alleys and highways so as not to interfere with the public right of surface travel.

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 in the grantee's report a statement setting forth the following: that a notice was presented to the City Engineer 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 said report.

The City Manager, Engineer or designee 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. In event the grantee refuses any such request, either the said grantee or the said City Manager shall have the right of appeal to the City Council. The Council shall hold a hearing thereupon. The Council's decision as to the reasonableness of the City's inspection request thus obtained shall be final and binding upon the grantee and the City.

All payments for the preceding calendar year shall be due and payable annually. Should any annual payment not be made within thirty (30) days after the date said payment is due, the grantee shall further pay interest on said payment at the rate of one per cent (1%) per month from and after the date said payment was due.