Pasadena Municipal Code Art. XI Franchises

The City Council may grant a franchise to any person, partnership, corporation or other legal entity capable of exercising the privilege conferred, whether operating under an existing franchise or not, and may prescribe the terms, conditions and limitations of such grant, including the compensation to be paid to the City. The City Council may, by the affirmative vote of six members, prescribe by ordinance the method for granting franchises, together with additional terms and conditions for making such grants. In the absence of such provision, the method provided by the general laws of the State of California shall apply.

(Sec. 1101 amended by vote of the people 11-3-1998: Sec. 1101 amended by vote of the people 3-9-1993.)

No franchise shall be granted for a longer period than twenty years, unless there be reserved to the City the right to take over at any time the works, plant, and property constructed under the grant at their physical valuation and without compensation for franchise or good will.

No franchise or grant of a franchise shall in any way or to any extent impair or affect the right of the City to acquire the property of the possessor thereof by purchase or condemnation, and nothing therein contained shall be construed to contract away or to modify or abridge, either for a term or in perpetuity, the City's right of eminent domain with respect to the property of the possessor of any franchise. Every franchise granted by the City is granted upon the condition, whether expressed in the grant or not, that such franchise shall not be given any value before any court or other public authority in any proceeding of any character in excess of any amount actually paid by the grantee to the City at the time of the grant.

Before granting any franchise, the City Council shall adopt a resolution declaring its intention to grant a franchise and stating the name of the proposed grantee, the character of the proposed franchise, and a general summary of the terms and conditions upon which it is proposed to be granted. Such resolution shall set forth the day, hour, and place when and where any person having an interest in or objecting to the granting of such franchise may appear before the City Council and be heard. Said resolution shall be published at least once, not less than ten days prior to said hearing in a newspaper of general circulation in the City. After hearing all persons desiring to be heard, the City Council may, by ordinance, grant the franchise. No ordinance granting a franchise shall be adopted as an emergency measure, but shall be subject to the referendary power reserved to the people.

(Sec. 1104 amended by vote of the people 3-9-1993.)