Redondo Beach Municipal Code Ch. 1 Franchises

For the purposes of this chapter, the term "public place" shall be deemed to include any street, lane, alley, court or other public place in the City.

(§ 2, Ord. 1217)

No person shall exercise any franchise, permit or privilege enumerated in this chapter, except insofar as he may be entitled to do so by direct authority of the Constitution of the State or the Constitution or laws of the United States, in, upon, over, under or along any public place in the City unless he shall have obtained a grant therefor in accordance with the provisions of this chapter and the applicable provisions of the Charter. Nothing contained in this chapter shall be construed to invalidate any lawful franchise granted or to necessitate the obtaining of a new franchise for a use for which a franchise holder shall have a valid unexpired franchise.

(§ 1, Ord. 1217)

Except insofar as he may be entitled to do so by direct authority of the Constitution of the State or the Constitution or laws of the United States, no person shall exercise any of the following privileges unless he shall have been granted an appropriate franchise therefor:

(a) Construct, maintain or operate a street, interurban, underground or elevated steam or commercial railroad or other system for transporting or conveying passengers or freight (including any appurtenances which are a part of the system) over a fixed route along, upon, over, in, under or across any public place in the City;

(b) Construct, maintain or operate pipes, tubes or conduits along, upon, over, in, under or across any public place in the City for the purpose of transmitting or distributing water, gas, steam, oil, air or other substance or utility;

(c) Erect, construct, lay, maintain or operate poles, pipes, conduits, wires, cable or appurtenances upon, over, under, in, across or along any public place in the City for the purpose of transmitting or distributing power, heat, electricity or electric energy, or for communication by telephone, telegraph or other system; or

(d) Construct, maintain or operate any other plants or systems necessary or convenient for furnishing the City and its inhabitants with transportation, communication, water, light, power or other public utility service upon, over, in, across or along any public place in the City.

(§ 2, Ord. 1217)

Pursuant to its Constitutional Charter and statutory authority, the Council may grant franchises and privileges for all of the purposes enumerated in Sections 11-1.02 and 11-1.03 of this chapter to persons, whether operating under any existing franchise or not, upon such terms and conditions as are in the applicable provisions of the Charter, this chapter and any supplementary ordinances provided, and may in such franchises impose such other and additional terms and conditions not in conflict with the Charter or ordinances, whether governmental or contractual in character, as in the judgment of the Council are in the public interest.

(§ 3, Ord. 1217)

No franchise shall be granted without reserving to the City adequate consideration for the privilege conferred.

(§ 4, Ord. 1217)

Franchises may be granted either for a fixed or an indeterminate period.

(§ 4, Ord. 1217)

No franchise shall be deemed to grant the right to install public utility facilities in any public park or playground unless the franchise ordinance expressly so provides.

(§ 4, Ord. 1217)

An applicant for a franchise shall file with the Council a verified application which shall contain the following information:

(a) The name of the applicant;

(b) The purpose and term, whether definite or indeterminate, for which the franchise is desired;

(c) The amounts and/or percentages, if any, the applicant will pay to the City during the life of the franchise if granted;

(d) Any limitations as to time, place or type of service proposed by the applicant; and

(e) Any other terms or conditions which the applicant may desire, including the surrender of existing franchises, or parts thereof, or claims to such franchises or proposals to settle any litigation or controversies between the applicant and the City.

(§ 5, Ord. 1217)

Every application for a franchise, permit or privilege shall be accompanied by a cash deposit of not less than Five Hundred and no/100ths ($500.00) Dollars or by a certified check for such amount, payable to the City Treasurer and certified by a responsible bank in the City, as a fund out of which to pay all expenses connected with such application. The deposit shall be retained until the acceptance of the franchise and the filing of any bond or other security required or until the Council determines not to grant the franchise whereupon the remainder, if any, of the deposit, after the payment therefrom of all expenses incurred by the City in connection with the advertising, engineering, clerical work and awarding of such franchise privilege or permit, shall be returned. This section does not apply to franchises governed by Title 11, Chapter 4.

(§ 6, Ord. 1217, as amended by § 1, Ord. 3037 c.s., eff. July 16, 2009)

The Council may grant a franchise by ordinance without taking bids or may, in its discretion, advertise for bids for the sale of a franchise after a notice inviting bids therefor upon a basis, not in conflict with the provisions of the Charter, to be set out in advertisements for bids and a notice of sale; provided, however, that no bidding shall be had or required upon any renewal of a franchise, surrender of an existing franchise, or parts thereof, or in the settlement of litigation between the grantee and the City.

(§ 7, Ord. 1217)

Every franchise granted a transportation company shall specify the area in which the grantee shall operate, the public places and route to be followed by the tracks or vehicles of the grantee, which area, public places and routes shall be subject to the lawful orders of the Public Utilities Commission of the State. The franchise may also provide for the changing of such routes or for alternate routes provided such changed or alternate routes shall be subject to the lawful orders of the Public Utilities Commission of the State.

(§ 8, Ord. 1217)

The Council may require the grantee of any franchise to provide such bond or other security as it deems the public interest requires.

(§ 9, Ord. 1217)

Every application for a franchise, privilege or permit shall, before any action is taken thereon, be referred by the Council to the City Manager and City Attorney for their respective recommendations. Before making his recommendation to the Council, the City Manager shall obtain the recommendation of the Superintendent of Streets. If, in the judgment of the City Manager, the franchise, privilege or permit applied for should not be advertised for sale or granted, he shall so report, stating the reasons therefor. If, in his judgment, such franchise, privilege or permit should be granted, he shall recommend the terms and conditions upon which the same should be granted.

(§ 10, Ord. 1217)

Upon receipt of the City Manager's recommendation, the Council may pass a resolution declaring its intention to grant the franchise, stating the character of the same, setting forth a notice of the day, hour and place when and where any and all persons having any objection to the granting thereof may appear before the Council and be heard thereon, and directing the City Clerk to publish the notice in the official newspaper at least once within 15 days after the passage of the resolution. The time fixed for such hearing shall be not less than 20 nor more than 60 days after the date of the passage of the resolution.

Such notice shall state the name of the applicant, the character of the franchise, its term, whether definite or indeterminate, the amounts and/or percentages, if any, grantee shall pay to the City during the life of such franchise, any limitations as to time, place or type of service proposed and the amount and character of any bond or other security required, together with an outline of the other major provisions of the proposed franchise.

(§ 11, Ord. 1217)

At any time not later than the hour set for the hearing of objections, any person interested may make written protest stating objections against the granting of such franchise. Such protest shall be signed by the protestant and be delivered to the City Clerk. At the time set for hearing objections, the Council shall proceed to hear and pass upon all protests so made, and its decision shall be final and conclusive. The Council may adjourn the hearing from time to time.

If no protest in writing shall have been delivered to the City Clerk up to the hour set for hearing or such protests as shall have been filed shall have been heard and determined by the Council to be insufficient, or shall have been overruled or denied, the Council may grant such franchise. Such franchise shall be granted by ordinance adopted in the manner prescribed by the Charter for the enactment of ordinances.

(§ 12, Ord. 1217)

No franchise, permit or privilege granted by the City shall be, in whole or in part, leased, assigned or otherwise disposed of or transferred without the express consent of the City given by ordinance, and no dealings with any one on the part of the City to require the performance of any act or payment of any compensation by any one shall be deemed to operate as such consent; provided, however, that nothing herein shall be construed to prevent the grantee of such franchise, permit or privilege from including it in a mortgage or trust deed without such express consent.

The grantee of any franchise shall:

(a) Construct, install and maintain all tracks, pipes, tubes, conduits, poles, wires, instrumentalities and appurtenances in accordance and in conformity with all of the lawful ordinances, rules and regulations theretofore or thereafter adopted by the Council in the exercise of its police powers, and, as to State highways, subject to the provisions of general laws relating to the location and maintenance of such facilities therein;

(b) Pay to the City on demand the cost of all repairs to public property made necessary by any operations of the grantee under such franchise;

(c) Indemnify and hold harmless the City, its officers and employees from any and all liability for damages proximately resulting from any operations under such franchise; and

(d) Make such reports and permit such examinations of its records as the franchise may require.

(§ 13, Ord. 1217)

The grantee of any franchise shall, within 10 days after the franchise is granted, file with the City Clerk a written acceptance of the terms and conditions thereof and any bond or other security required by the Council.

(§ 14, Ord. 1217)

(a) Authorized. When the Council finds that an emergency exists and that the public convenience and necessity require it, a special permit may be granted to any applicant for a franchise to permit the applicant to proceed with the relocation, extension, alteration or other change in existing facilities, except repairs or maintenance changes, which relocation, extension, alteration or other change in existing facilities by reason of such emergency should be made before the securing of a franchise is possible. Such special permit shall only be granted to an applicant for a franchise under this chapter and after the filing of the application for a franchise as required by the provisions of this chapter.

(b) Application. An application for a special permit shall be filed in writing with the Council setting forth such information as will permit action thereon. Reference in such application may be made to the application for a franchise for a description of the proposed extension, alteration or other change in existing facilities.

(c) Granting. All such special permits shall be granted under the express condition that if a franchise under this chapter is not granted and accepted, all work done under such special permit shall be removed immediately at the applicant's expense, and the streets or alleys or other public places affected by such work shall be placed in as good condition as before such work was done all to the satisfaction of the Superintendent of Streets.

(d) Conditions. The Council may require, as a condition to the granting of such special permits, that a bond of a kind and in an amount determined by it shall be furnished by the applicant, conditioned upon the faithful performance of the terms and conditions of the permit and further conditioned that the applicant shall prosecute diligently to completion all work thereunder, including removal work as provided in subsection (c) of this section.

(e) Recommendation of City Manager and City Attorney. Applications for permits under this section shall be referred to the City Attorney and the City Manager in the manner provided in Section 11-1.13 of this chapter.

(§ 15, Ord. 1217)