Chapter 7 — FRANCHISE PROGRAM

Section

• 14.0701 Findings.
• 14.0702 Intent.
• 14.0703 Administration.
• 14.0704 Enforcement and Monitoring.
• 14.0705 Severability.

The Board of Supervisors of the County of San Bernardino hereby finds and determines: (a) That the County of San Bernardino, pursuant to provisions of the Government Code and Public Utilities Code, is authorized to grant franchises along and over public roads and rights-of-way for all lawful purposes, upon such terms, conditions and instructions as the Board of Supervisors may deem necessary and proper; (b) That such franchises may be granted with respect to the furnishing of services or commodities to the public or any portion thereof; (c) That there are numerous utility and non-utility providers within the unincorporated areas of the County which are utilizing public roads and rights-of-way without franchise agreements in effect; (d) That existing franchises need to be administered and monitored in order to insure that franchisees are in full compliance with current agreements. (Ord. 3702, passed - -1997)

It is the intent of the Board of Supervisors to require that there are franchise agreements for those service providers using the public roads and rights-of-way within the unincorporated areas of the County of San Bernardino. (Ord. 3702, passed - -1997)

The Special Districts Department, through its Franchise Unit, shall perform whatever tasks are necessary to accomplish the directives set forth in this Chapter. All recommendations for action and proposed agreements/ordinances shall be reviewed by the Administrative Office and County Counsel, subject to final approval by the Board of Supervisors. (Ord. 3702, passed - -1997)

(a) All current franchise agreements/ordinances shall be carefully examined, monitored and audited to determine whether all applicable requirements are being met. (b) The Special Districts Department shall investigate and determine which service providers are operating without franchise agreements in order to insure that such providers enter into appropriate agreements with the County. (c) Any ordinance granting a franchise, or any notice or resolution pertaining to a franchise, shall be subject to the terms and conditions approved by the Board of Supervisors. Such terms and conditions shall include, without limitation, provisions relating to: construction; maps and data to be furnished to the County; compensation to the County; bonding and insurance requirements; assignment and successors; default; and other necessary and proper considerations. (d) The franchise agreement may provide for a discount of up to 15 percent of the first year’s periodic franchise fees, for the prepayment of such fees. (Ord. 3702, passed - -1997; Am. Ord. 3734, passed - -1998)

If any portion of this Chapter is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Chapter. (Ord. 3702, passed - -1997)