San Mateo Municipal Code Ch. 15.08 Franchise—general Provisions

For the provision of the City Charter regarding the granting of franchises see Section 5.26.

Whenever, in Chapters 15.08 through 15.16, the words or phrases hereinafter defined in this section are used, they shall have the respective meanings assigned to them in the following definitions unless in the given instance, the context wherein they are used clearly imports a different meaning:

(1) "Construct and use" means to construct, erect, install, lay, operate, maintain, use, repair or replace;

(2) "Gas" means natural or artificial gas, or a mixture of natural and artificial gas;

(3) "Grantee" means the person to whom the franchise contemplated in Chapters 15.08 through 15.16 has been granted, and his or her lawful successors or assigns;

(4) "Poles, wires, conduits and appurtenances" means poles, towers, supports, wires, conductors, cables, guys, studs, platforms, crossarms, braces, transformers, insulators, conduits, ducts, vaults, manholes, meters, cutouts, switches, communication circuits, appliances, attachments, appurtenances and any other property located, or to be located, in, upon, along, across, under or over streets of the City and used, or useful, in the transmitting and/or distributing of electricity, or in the transmission of telephone or telegraph messages;

(5) "Streets" means the public streets, ways, lanes, alleys, highways and similar places as the same now, or may hereafter, exist within the City.

Prior code § 120.01

Before any grantee shall have the right or privilege to lay and use, or construct and use, any telegraph or telephone wires, or to operate street or interurban railroads, or automobile bus services, or to construct and use, or to lay and use gas pipe, for the purpose of carrying gas or light, heat or power, or to erect poles, wire, conduits and appurtenances for transmitting electricity for lights, heat or power, along or upon any street, or to exercise any other privilege whatever for which a franchise may be granted, the City shall be required to demand from such grantee the payment of a franchise fee as hereinafter set forth, and the observances by the grantee of all of the terms, provisions, and conditions to be set forth in the ordinance granting the franchise, as hereinafter indicated, and proceedings must be had under the provisions of either Chapters 15.12 or 15.16.

Prior code § 120.02

The procedure for the granting of franchises hereunder is set forth in Chapters 15.12 and 15.16. The procedure indicated in Chapter 15.12 shall apply to franchises applied for, for all purposes indicated in Section 15.08.020.The procedure for the granting of franchises hereunder as set forth in Chapter 15.16, is an alternate procedure which may be used with reference to the application, hearing and granting or denial of franchises to construct and use, or to lay and use, gas pipe for the purpose of carrying gas or light, heat or power, or to use, or construct and use, poles, wires, conduits and appurtenances for the transmitting of electricity for all purposes, under, along, across or upon the streets of the City, and either the procedure set forth in Chapter 15.12, or the procedure set forth in Chapter 15.16, may be used at the discretion of council for such purposes.Chapter 15.12 substantially adopts the provisions of the Statutes of 1905 of the state of California, page 777, as amended, known as the "Franchise Sales Law."Chapter 15.16 substantially adopts the provision of the Statutes of 1937 of the state of California, known as "The Franchises Act of 1937."

Prior code § 120.03