Portola Valley Municipal Code Ch. 12.04 Street Franchises

Any person or corporation, except those granted special privileges by law of the state, desiring to make use of any town street, road, alley or highway within the town for the purpose of erecting or installing therein or thereon any facility, shall be required to obtain from the town a franchise authorizing such use. Each such person or corporation shall make application to the council for the privilege or franchise he or it desires to exercise or enjoy.

(Ord. 1965-54 § 1, 1965)

Every franchise or privilege whatsoever hereafter proposed to be granted by the 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 council, and the grantee of any such franchise or privilege shall have the right as against all persons to make use of the town streets, roads, alleys and highways as provided in the franchise or privilege granted by the council to the full extent of the lawful authority of the town to permit such use.

(Ord. 1965-54 § 2, 1965)

The grantee of any franchise granted by the 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 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 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.

(Ord. 1965-54 § 3, 1965)

Before any use, operation or installation under any franchise shall be permitted, notification shall be made to the engineer and street superintendent of the town.

(Ord. 1965-54 § 4, 1965)

The grantee of any franchise shall be responsible for and save the town 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.

(Ord. 1965-54 § 5, 1965)

Every new pipeline, main, or other improvement or facility under any franchise, shall be installed, laid and maintained in such manner or at such depth as will not cause injury or damage to, or interfere with the use of, the surface of the street, highway or public way under which it shall have been installed, laid or maintained, for public travel, or otherwise.

(Ord. 1965-54 § 6, 1965)

Except as otherwise provided in any franchise, the first annual payment provided for such 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, or such other information as may be required, and the total amount due, insofar as such information is known to the grantee. In the event new pipelines have been laid or other facilities have been installed 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 engineer or street superintendent as provided in this chapter, the date the pipe was laid or the facilities were installed, the feet specified in the notice and the feet laid or installed. A complete computation of the license fee shall also be submitted with this report.

(Ord. 1965-54 § 7 (part), 1965)

The town treasurer, 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 or facilities. 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 town treasurer shall have the right of appeal to the council of the town and the decision as to the reasonableness of such request thus obtained shall be final and binding upon the grantee and the town.

(Ord. 1965-54 § 7 (part), 1965)

Except as otherwise provided in any franchise, all payments for the preceding calendar year shall be due and payable annually on the anniversary of the effective date of any franchise granted pursuant to this chapter. Should any annual payment be not made within thirty days after the date the payment is due, the grantee shall further pay interest on the payment at the rate of one percent per month from the date the payment was due.

(Ord. 1965-54 § 8, 1965)