San Rafael Municipal Code Art. XIV Franchises

The council shall have power to designate the terms, conditions and duration of all franchises, subject to the general laws of the state and provisions of this charter relating thereto; provided that no exclusive franchise shall ever be granted.

The grant of every franchise or privilege shall be subject to the right of the city, whether reserved or not, to make all regulations which shall be necessary to secure in the most ample manner the safety, welfare and accommodation of the public, including among other things the right to pass and enforce ordinances to protect the public from danger of inconvenience in the operation of any work or business authorized by the grant of the franchise, and the right to make and enforce all such regulations as shall be reasonable necessary to secure adequate, sufficient and proper service and accommodations for the people and insure their comfort and convenience.

The grant of every franchise or privilege shall be subject to the right of the city, whether reserved or not, to prescribed and regulate the rates, fares, rentals or charges made for the service rendered under such franchise. The grant of every franchise for a street suburban or interurban railroad shall provide that all United States mail carriers and all officials, policemen and firemen of the city shall at all times, while in the actual discharge of their duties, be allowed to ride on the cars of such railroad within the boundaries of the city, without paying therefor and with all the rights of other passengers.

Every grant of any franchise or privilege in, over, under or along any of the streets, highways or public places of the city for railway purposes, shall be subject to the conditions that the person, firm or corporation exercising or enjoying the same shall sprinkle, clean, keep in repair, and pave and repave so much of said street, highway or other public place as may be occupied by said railway as lies between the railway track, and between the lines of double track, and for a space of two feet on each side of said tracks.

Every ordinance granting any franchise shall provide that, at the expiration of the period for which the franchise was granted, the city, at its election, and upon the payment of a fair valuation therefor to be made in the manner provided in the ordinance making the grant, may purchase and take over to itself the property and plant of the grantee in its entirety; but in no case shall the value of the franchise of the grantee be considered or taken into account in fixing such valuation. Or it may be provided in the ordinance granting any franchise that the property and plant of the grantee shall, at the expiration of the period for which the franchise was granted, become the property of the city, without any compensation to the grantee.

Every ordinance granting any franchise may further provide that upon the payment of the city of a fair valuation in the manner provided in the ordinance, the plant and property of the grantee shall become the property of the city by virtue of the grant in payment thereunder, and without the execution of any instrument or conveyance. Or in case it is provided in the ordinance granting any franchise that the property and plant of the grantee shall, at the expiration of the period for which it was granted, become the property of the city without any compensation to the grantee; the property and plant of the grantee shall then become the property of the city by virtue of the grant and without the execution of any instrument or conveyance.