Santa Barbara County Municipal Code § 2-88 Where copies of article may be obtained

It is the intent of this article to exercise the power granted to the board of supervisors by section 26000 of the California Government Code to grant franchises for the construction of wharves, chutes, booms and piers, and for the taking and keeping of tolls thereon, and by section 26001 of the Government Code to grant franchises along and over the public roads and highways for all lawful purposes, upon such terms, conditions and restrictions as in its judgment are necessary and proper, and in such manner as to present the least possible obstruction and inconvenience to the traveling public, recognizing that the granting of franchises to public utilities in the exercise of such powers must follow procedures set forth in sections 6001 to 6017 of the Public Utilities Code of the state.

It is further the intent of this article to provide for the granting of franchises to persons, firms or corporations not engaged in performing services or furnishing commodities to or for the public or any portion thereof upon such terms, conditions and restrictions as the board of supervisors by resolution may deem necessary and proper and in such manner as to present the least possible obstruction and inconvenience to the traveling public, without following the procedures set forth in sections 6001 and 6017 of the Public Utilities Code of the state.

It is further the intent of this article to provide for the granting of franchises for the construction of community antenna television systems as provided in section 53066 of the Government Code.

It is further the intent of this article to establish standards for the granting of franchises along and over the public roads and highways in unincorporated areas of the county in order to provide a uniform policy and guide to the county officials and departments responsible for the administration and regulation of franchises.

(Ord. No. 2227)

Franchises granted under this article to use, cross or encroach into public roads and other public places in the unincorporated area of the county shall be granted by ordinance as to public franchises and by resolution of the board of supervisors as to private franchises and community antenna television system franchises regulated and administered in accordance with the following rules, regulations and standards.

It is the policy of the county that the right or privilege to occupy or use public rights-of-way and other public places in the unincorporated areas of the county in any manner herein described shall be granted by franchise. Franchises granted to persons, firms or corporations furnishing services or commodities to the public or any portion thereof shall be deemed "public franchises"; except, that franchises granted to persons, firms or corporations furnishing community antenna television services shall be designated "private franchises."

Public and private franchises may be granted only upon the terms, conditions and restrictions imposed by the board of supervisors pursuant to this article; provided, however, that in case of any conflict between any provisions of this article and provisions of state laws or regulations, the state laws or regulations shall prevail. It is further provided that this article is an alternative procedure to procedures provided by state law for the granting of franchises by counties, and nothing contained herein shall be deemed to abrogate or limit in any way the power of the board of supervisors to grant franchises under state law without complying with the provisions of this article.

(Ord. No. 2227; Ord. No. 3004, § 1)

(a) Definition. A "public franchise" is a right granted pursuant to the provisions of California Public Utilities Code Section 6201 et seq. (a.k.a. the Franchise Act of 1937), as such may from time to time be amended, and successor provisions, if any, to physically occupy and use public right-of-way or other public places in the unincorporated area of the county for the purpose of furnishing services or commodities and shall be granted by ordinance. Public franchises may be granted to any public utility, or to any person, firm or corporation, furnishing services or commodities to or for the public or any portion thereof, except that as used in this section, "public franchise" shall not include television services provided to the public or any portion thereof.

(b) Term. Unless otherwise stated in the granting ordinance, franchises granted under this section shall be for an initial term of twenty years, commencing on the day each franchise is accepted by the grantee of the franchise. Thereafter, the franchise may, by mutual consent, be renewed for additional five year terms under the terms and conditions of then applicable state and county laws.

(c) Necessity of Grant. No person, firm or corporation shall physically occupy and use, by placing over, on or under the surface of any public right-of-way or other public place in the unincorporated areas of the county conduits, poles or other facilities for furnishing services or commodities, except pursuant to a public franchise therefor.

(d) Application. Every applicant for a public franchise shall file with the clerk of the board of supervisors (hereinafter "clerk") a written application in seven copies, setting forth therein the name and address of the applicant (including the names and addresses of corporate officers, or of all partners or of all owners, whichever is applicable), the nature of its business or activity, the purpose and term for which the franchise is desired, a promise to pay all costs and charges for publication of the notice of sale of the franchise and for processing the franchise for which application is made, and a promise to pay an annual fee to the county in accordance with California Public Utilities Code Sections 6231, or 6231.5, whichever is applicable, as those sections and their successor sections, if any, may be amended from time to time. The application must be accompanied by a financial statement of the applicant showing its assets and liabilities and containing a statement of the applicant's experience and qualifications.

A copy of the application shall be transmitted by the clerk to the director of the county public works department (hereinafter "director"). Prior to consideration of the application by the board of supervisors (hereinafter "board"), the director shall determine whether the occupancy or use of the public places designated in the franchise will unduly impair the condition of such public places or unreasonably and unnecessarily obstruct or inconvenience the traveling public, and shall notify the board in writing of such determination. The board shall prescribe reasonable time for such notification by the director, and failure to make such notification within such reasonable time to the board shall be deemed to constitute approval of the application by the director.

Following receipt of the application, the board may pass a resolution declaring its intention to grant the franchise (hereinafter "resolution of intent"), stating the character of the franchise and directing the clerk to publish a notice of sale of public franchise at least once within fifteen days after passage of the resolution of intent in a newspaper of general circulation within the county. The notice of sale of public franchise (hereinafter "notice") shall set forth a notice of the day, hour, and place when and where all persons having any objection to the granting of the franchise may appear and be heard thereon. The time fixed for the hearing shall be not less than twenty days nor more than sixty days after passage of the resolution of intent. The notice shall state the fact of the application, that the proposed grantee and his assigns shall during the life of the franchise pay to the county two percent or more as may hereafter be provided by law, of the gross annual receipts of the grantee arising from the use, operation or possession of the franchise; the proposed term of the franchise, that the fees will be paid annually from the date of the granting of the franchise, and in the event that the fees are not paid, the franchise will be forfeited.

The grantee of the public franchise shall reimburse the county for all costs and charges for publication of the notice.

Prior to said hearing, any person may make written protest stating objections to the granting of the franchise by signing said written protest and delivering a copy of such to the clerk. The board shall consider the determination of the director and confirm publication by the clerk and shall hear and pass upon all protests of the franchise granting. If the board determines that it is in the best interest of the public to grant the franchise, it may adopt the ordinance containing the terms and conditions of the franchise. If the board of supervisors is of the opinion that it is not in the best interests of the public to sell or grant the franchise, it may announce under what terms and conditions, if any, the franchise would be granted, or may terminate the proceedings. The decision of the board shall be final and conclusive, subject to the right of referendum of the people.

Upon the granting of the ordinance, the clerk shall cause such ordinance to be published or to be posted at the chambers of the board of supervisors of the county.

A franchise granted hereunder shall not become effective until the grantee files written acceptance thereof with the clerk.

(e) Terms and Conditions Required of Public Franchises. No public franchise shall be granted except by an ordinance containing the terms and conditions set forth in the preamble and sections 1 through 16 of the following form:

ORDINANCE NO.___________

AN ORDINANCE OF THE COUNTY OF SANTA BARBARA

PUBLIC FRANCHISE

Granted by the Board of Supervisors of the County of Santa Barbara.

PREAMBLE A franchise is hereby granted to ___________ (a person, firm or corporation) its successors and assigns for a period of twenty (20) years from and after the effective date of the franchise, for the purposes described below, over, under or upon those certain public streets, ways, alleys or places in the following described unincorporated areas of the County:

(1) Purposes: (2) Franchise area:

The terms and conditions of the franchise are as follows:

SECTION 1 . SCOPE OF FRANCHISE. The facilities to be constructed and operated under this public franchise shall be built in a good and workmanlike manner and of good material. The work of constructing, repairing and maintaining the system shall at all times during the term hereof, in all respects comply with present and future rules, regulations and ordinances of such county, state, or federal authorities as may have jurisdiction over the system. The County of Santa Barbara reserves all regulatory power by law allowed to it over and with reference to the franchise granted and the exercise of rights, powers, or privileges under the same by the grantee, its successors or assigns.

Grantee shall, immediately upon constructing, using or maintaining any poles, wires, conduits, and appurtenances including communication circuits, or any part thereof; shall at its own cost and expense place all public roads disturbed or altered as a result of grantee's actions under this franchise, or such part of the road as may have been damaged or altered, in as good order and condition as the road was in prior to being disturbed or excavated for the purpose of constructing, using or maintaining any poles, wires, conduits, and appurtenances including communication circuits.

Grantee shall relocate, without expense to county, any poles, wires, conduits and appurtenances, including communication circuits, constructed, maintained or used under this franchise, if and when made necessary by any lawful change of grade, alignment or width of any public roads by county.

The terms and conditions of this franchise shall also apply to any pipes, tubes, conduits, poles, wires or other facilities which may subsequently be acquired by the grantee and which are located within the right-of-way of any county highway at the time of such acquisition by the grantee, whether or not they were theretofore subject to a franchise granted by the County of Santa Barbara.

Grantee shall not permit any facilities authorized herein to be used by any third parties for the benefit of such third party, without the prior written consent of county. For purposes of this franchise, "third party" shall be any person or organization of any type, which does not have a bona fide business relationship with grantee apart from the rights, which are the subject of this franchise.

Franchises granted pursuant to this ordinance shall be non-exclusive.

SECTION 2. ACCEPTANCE. This public franchise is accepted as binding on the parties when the franchise is awarded by the board and accepted by the grantee. Grantee shall within thirty days after the adoption of the ordinance granting the franchise, file with the clerk written acceptance of the terms and conditions of this franchise. Such written acceptance shall constitute a continuing agreement by the grantee that if and when the county later annexes, or consolidates with, additional territory, all franchises, rights and privileges owned by the grantee therein shall be deemed abandoned within the limits of the additional territory. Should grantee fail to file written acceptance within thirty days, any franchise rights or privileges shall automatically terminate.

SECTION 3. PERMIT. The grantee may, subject to such regulations as are now or hereafter may be in force, make excavations in and place obstructions upon county roads within the area covered by this franchise for the purpose of constructing, maintaining, operating, and removing any franchise facility or property. No excavation in or obstruction of any county road may be made unless and until a road encroachment permit therefor is obtained from the county, in accordance with, and if required by, the provisions of Chapter 28 of the Santa Barbara County Code, and any amendments and successors thereto. In addition, grantee shall at all times comply with all applicable federal, state and local rules, restrictions and procedures related to construction, safety and environmental issues as may be in effect upon the granting of the franchise, or which may become effective during the term of the franchise, including any amendments or replacements thereof.

SECTION 4. COMMENCEMENT AND COMPLETION. The work to construct the facilities necessary to fulfill the purposes of this franchise shall be pursued diligently and in good faith within not more than four months from the effective date of this franchise, and if not so commenced within such time, this franchise shall automatically be forfeited. For good cause shown prior to the expiration of the four-month period, the board of Supervisors may by resolution extend the time for commencement of construction.

Failure to commence work to construct the facilities necessary to the purposes of this franchise within the required time, or to pursue the work diligently and in good faith shall result in forfeiture of this franchise.

SECTION 5. ASSIGNMENT. The grantee shall not transfer or assign this franchise, or any of the rights or privileges granted hereby, except with the written consent of the board. A mere change of name or of the nature of the grantee entity without more than fifty percent change in ownership of grantee shall not require such consent, but a merger with another entity, or a change of ownership of grantee or its stock in excess of fifty percent shall require such consent of the board. Before the board will consider consenting to such transfer or assignment, the proposed assignee shall submit a financial statement of its assets and liabilities and a statement of experience and qualifications. No consent shall be effective until the proposed assignee files with the board and the board approves its bond of the type and in the amount required by this franchise, if such bond is required.

The grantee shall, within thirty days after any sale, transfer, assignment or lease of the franchise or any part thereof, or any of the rights or privileges granted thereby, provide the county with written evidence of such transaction.

SECTION 6. FRANCHISE FEES. In the event of an initial grant of franchise or franchises that renew, extend or continue previously granted franchises, a processing fee to cover departmental costs, including publication expenses incurred in connection with the granting of this franchise, shall be paid by grantee in an amount to be established by the county from time to time. In addition, the grantee and its successors and assigns, shall during the life of this franchise pay to the County of Santa Barbara, in lawful money of the United States, franchise fees according to California Public Utility Code Sections 6231(c) and 6231.5, whichever is applicable, as those sections and their successor sections, if any, may be amended from time to time. Such fees shall he subject to increase to the maximum rate established by any amendment or successor section(s) of the California Public Utilities Code. In the event that such increases should occur, the county shall provide the grantee with ninety days written notice of any increase prior to its application to this franchise. The applicable provisions of Sections 6231(c) and 6231.5 currently read as follows:

6231(c) That the applicant if granted the franchise will pay to the municipality during the life of the franchise two percent of the applicant's gross annual receipts arising from the use, operation, or possession of the franchise, except that this payment shall be not less than one percent of the applicant's gross annual receipts derived from the sale within the limits of the municipality of the utility service for which the franchise is awarded. If the application is for a franchise complementary to a franchise derived under Section 19 of Article XI of the California Constitution as that section existed prior to its amendment on October 10, 1911, then the applicant shall pay annually, if the application is for an electric franchise, two percent of the applicant's gross annual receipts arising from the use, operation, or possession of the franchise, except that this payment shall be not less than one-half of one percent of the applicant's gross annual receipts from the sale of electricity within the limits of the municipality under both the electric franchises; or, if the application is for a gas, oil pipeline, or water franchise, two percent of the applicant's gross annual receipts arising from the use, operation, or possession of the franchise, except that this payment shall be not less than one percent of the gross annual receipts from the sale of gas or water within the limits of the municipality under both the gas franchises or both the water franchises.

6231.5 (a) An applicant for a franchise to build and operate a pipeline system transmitting oil or products thereof. . .will pay to the municipality an annual fee computed as follows:

The length of pipe expressed in feet located within the franchised area shall be multiplied by the applicable base rate, as adjusted pursuant to subdivision (d), in accordance with the following schedule:

For pipelines with an internal diameter not listed above, the fees shall be in the same proportion to the fees of a twelve-inch-diameter pipe as the diameter of the unlisted pipe is to twelve inches.

(b) The annual payment for each lineal foot of pipeline shall be computed and revised each calendar year as follows:

(1) The applicable base rate shall be multiplied by the Consumer Price Index for the area, as published by the United States Department of Labor, Office of Information for the month of September immediately preceding the month in which payment is due and payable, and divided by the Consumer Price Index for June 30, 1989, which is declared to be 100.0. Under no circumstances shall the multiplying factor be less than one.

(2) If the United States Department of Labor, Office of Information discontinues the preparation or publication of a Consumer Price Index for the area, and if no translation table prepared by the Department of Labor is available so as to make those statistics which are then available applicable to the index of June 30, 1989, the municipality shall prescribe a rate of payment which shall, in its judgment, vary from the rates specified in this section in approximate proportion as commodity consumer prices then current vary from commodity consumer prices current in December 1988. On this point, the determination by the county shall be final and conclusive.

The franchise fee shall be paid annually during the life of the franchise. Franchise fees shall be paid on all pipelines not removed or abandoned in place in accordance with Section I5, REMOVAL OF FACILITIES, hereof.

SECTION 7. STATEMENT OF GROSS RECEIPTS. Within one hundred twenty days after the termination of each fiscal year in which franchise fees are payable, the grantee shall file with the county a statement, verified by the oath of the grantee or the manager or other responsible officer of the grantee, showing in detail the total gross receipts arising from the use, operation or possession of this franchise within the County of Santa Barbara during such fiscal year. Within fifteen days after the time for filing the statement, the grantee shall pay to the county the percentage fixed by the board of supervisors of the gross annual receipts arising from the use, operation or possession of this franchise.

If such payment is not received by the county within fifteen days, the grantee shall pay, without any requirement of notice by county, a one-time late charge equal to ten percent of such overdue amount or one dollar, whichever is greater. Notwithstanding the above, any neglect, omission or refusal by grantee to file such verified statement or to pay franchise fees at the times or in the manner herein provided shall be adequate grounds upon which the board of supervisors may, by resolution, declare this franchise and all rights of the grantee hereunder terminated.

SECTION 8. BOND. The grant of this franchise is effective only upon the further condition that the grantee shall file within five days of the granting of the franchise, and at all times during the life of the franchise, keep on file with the board of supervisors, a bond running to the County of Santa Barbara and to any successor to any of the rights of the County of Santa Barbara under the terms of this franchise in a penal sum to be determined by county, with sureties to be approved by the board of supervisors, conditioned upon the grantee well and truly observing, fulfilling and performing each and every term and condition of the franchise, and in case of any failure by the grantee to perform any term or condition of the franchise, or in case of any breach of any term or condition of the franchise by the grantee, the entire bond shall be recoverable, and the principal and surety shall be jointly and severally liable for such performance or for any damage, expense, loss or injury directly or indirectly suffered therefrom by the County of Santa Barbara. This bond shall not be deemed to be the bond required by Sec. 28-7 of the Santa Barbara County Code.

No bond shall be deemed adequate unless it is valid for the entire term of the franchise plus one year and all bonds shall contain provisions that the bond shall remain valid until at least thirty days after notification by the surety to the board of supervisors that the bond is about to be cancelled, expire or not be renewed.

Nothing herein shall insulate grantee from liability in excess of the amount of the bond or shall be construed as a waiver by the county of any legal remedy against the grantee for any breach of the terms and conditions of this franchise, or for any damage, loss or injury suffered by the County of Santa Barbara in case of any damage, loss or injury suffered by any person or property in grantee's exercise of this franchise.

SECTION 9. FORFEITURE. Any failure or refusal of the grantee to comply with any term or condition of this franchise or of the bond shall be adequate ground for a termination hereof and the board of supervisors may thereupon declare by resolution an automatic forfeiture of this franchise and may exclude the grantee from further occupancy or use of all county property authorized under this franchise. A termination shall not of itself operate to release the bond. Upon declaring a franchise terminated, the board of supervisors may elect to take and accept the bond as liquidated damages therefor or to pursue any other legal remedy for any damage, loss or injury.

After forfeiture of the franchise the bond shall remain in full force and effect for a period of one year unless exonerated by the board of supervisors. No bond shall be exonerated unless a release is obtained from the director. The release shall state whether all excavations have been backfilled, all obstructions removed, and whether the substratum or surface of county roads occupied or used have been placed in a good and serviceable condition. The release shall not constitute a waiver of any right or remedy which the County of Santa Barbara may have against the grantee or any other person for any damage, loss or injury suffered by the county as a result of any work or activity performed by the grantee in the exercise of this franchise.

SECTION 10. PAYMENT OF TAXES.

If, at any time during the life of this franchise, the holder becomes delinquent in the payment of any taxes or fees to the County of Santa Barbara or to any special district operating within the county the franchise may be forfeited by resolution of the board of supervisors. Taxes shall not be deemed delinquent hereunder, even though unpaid when due, if grantee has notified county that it contests the validity or legality of all or part of such taxes and grantee thereafter diligently pursues a determination of such validity or legality.

SECTION 11. TITLE TO PROPERTY.

Title to all real or personal property placed on, imbedded in or buried under the substratum or surface of county property by the grantee in exercise of this franchise shall remain in the grantee; provided, however, that title thereto shall, at county's affirmative election, transfer and vest in the County of Santa Barbara if such property is not removed within one hundred and eighty days, or such further extensions as the board may grant, after date of expiration or termination of the franchise and no renewal or replacement franchise has been granted. Such transfer or vesting of title shall not constitute a waiver of any right or remedy which the County of Santa Barbara may have against the grantee or any other person for any damage, loss or injury suffered by the county as a result of any work or activity performed by the grantee in the exercise of this franchise.

SECTION 12. RIGHT LIMITED TO PUBLIC EASEMENTS.

This franchise shall confer upon the grantee only the right or privilege to enter upon the public easement or fee interest in county roads and shall not be construed to authorize any invasion of property rights of abutting owners.

SECTION 13. EFFECTIVE DATE OF FRANCHISE.

This franchise shall become effective upon grantee's filing of written acceptance of the terms and conditions of this franchise with the clerk, in accordance with Section 2, ACCEPTANCE, herein.

SECTION 14. CHANGE IN STATUS OF PUBLIC AREA.

If any of the area covered by this franchise is included in an incorporated city, the city shall as to that area succeed to all rights of the county under this franchise.

If and when made necessary by any lawful change of grade, alignment, or width of any public street, way, alley, or place by the county, grantee shall remove or relocate any facilities installed, used, and maintained under this franchise, without expense to the county.

SECTION 15. REMOVAL OF FACILITIES.

Within ninety days after termination or expiration of this franchise when no renewal or replacement franchise has been granted, the board of supervisors may require the grantee to remove, without expense to the county, all facilities maintained pursuant to the term of this franchise in county roads. If such removal is not completed at the expiration of the ninety-day period or any additional period granted by the board of supervisors, then the board may provide for the removal of the facilities or any part thereof and grantee agrees to pay for the costs of such removal.

Notwithstanding anything contained herein, the board may by resolution authorize the grantee to abandon in place any pipe, pole or other facility which grantee has installed and maintained in exercise of its rights under the term of this franchise. The request of the grantee to abandon in place any facility shall be deemed an offer of transfer of such facilities to the county and by resolution authorizing grantee to abandon any facility in place the county shall succeed to all right, title and interest of grantee to the facilities.

SECTION 16. INDEMNIFICATION and INSURANCE.

Grantee shall defend, indemnify and save harmless the county, its officers, agents and employees from any and all claims, demands, damages, costs, expenses (including attorney's fees), judgments or liabilities arising out of this franchise or occasioned by the performance or attempted performance of the provisions hereof; including, but not limited to, any act or omission to act on the part of the grantee or his agents or employees or other independent contractors directly responsible to him; except those claims, demands, damages, costs, expenses (including attorney's fees), judgments or liabilities resulting from the sole negligence or willful misconduct of the county.

Grantee shall notify the county immediately in the event of any accident or injury arising out of or in connection with this franchise.

In addition, grantee shall procure and maintain insurance in an amount and type approved by the county's risk manager. This insurance requirement shall be subject to periodic review by county and may be revised from time to time to include additional types of coverage and limits. In the event that grantee is self-insured, such self-insurance shall be deemed to meet the requirements hereof when it has been approved by the county's risk manager, which approval shall not be unreasonably withheld.

(Ord. No. 2227; Ord. No. 4485)

(a) Definitions. A franchise granted to physically occupy and use for a fixed period of time public rights-of-way or other public places in the unincorporated areas of the county for private purposes or any purpose other than to furnish services or commodities to the public or any portion thereof is a "private franchise" and shall be granted by resolution.

(b) Exceptions. Private franchises need not be obtained where:

(1) Occupancy or use of public rights-of-way is temporary or minor.

(2) Unusual circumstances exist, or hardship would be created and the board of supervisors, upon application, has granted an exception to franchise requirements.

(3) Where water is to be transported by pipeline across or along public rights-of-way and:

(A) The water is not for sale or purveyed for any consideration;

(B) The water is not to be utilized in any commercial operation other than agriculture.

Notwithstanding the above exceptions to franchise requirements, an excavation or encroachment permit must be obtained for any occupancy or use of the public easements as provided in chapter 28 of this Code.

(c) Necessity of Grant. No person, firm or corporation shall physically occupy and use by placing over, on or under the surface of any public right-of-way or other public place in the unincorporated areas of the county, conduits, poles or other facilities for transmitting oil, gas, water, sludge, electricity or other substances for private use by the grantee or a special group of persons, except pursuant to a private franchise therefor.

(d) Application. Every applicant for a private franchise shall file with the clerk of the board of supervisors a written application in five copies, setting forth therein the name and address of the applicant (including the names and addresses of corporation officers or all partners or all owners, whichever is applicable) the nature of its business or activity, type of franchise applied for, an offer of fees or compensation to be paid to the county for such franchise and the method by which such fees will be calculated and such other information as the application or the board may deem necessary and proper. The application must be accompanied with five copies of the "resolution granting a private franchise," three copies of the "offer and bid" for the franchise and the bond.

A copy of the application and the "resolution granting a private franchise" shall be transmitted by the clerk to the road commissioner and the county counsel. No application shall be considered by the board until the road commissioner notifies the board in writing that the occupancy or use of the public places designated in the franchise will not unduly impair the condition of such public places, nor unreasonably and unnecessarily obstruct or inconvenience the traveling public, and until the county counsel notifies the board that the requirements prescribed by this resolution have been met.

If the board of supervisors concludes that the sale and grant of such franchise would be in the best interests of the public it may grant the franchise. If the board is of the opinion that it would not be in the best interests of the public to grant the franchise, it may announce under what terms and conditions, if any, the franchise would be granted or may terminate the proceeding. It is within the discretion of the board to fix fees or compensation according to one of the following formulae:

The application, if granted the franchise, will pay to the county during the life of the franchise either (1) a specified percentage agreed to by the applicant and the county of the gross annual receipts of the applicant arising from the use, operation or possession of the franchise; or (2) an annual fee in an amount agreed to by the applicant and the county; or (3) an annual franchise fee to be not less than an amount computed by multiplying the sum of one cent times the nominal internal diameter of the pipe expressed in inches times the number of lineal feet of such pipe within the public streets, ways, alleys or other public places within the county.

Should a uniform franchise fee schedule for private franchises be adopted by this board in the future, the board hereby reserves the right to change franchise fees to conform to such uniform fee schedule.

The board of supervisors reserves the right to review the measure or amount of franchise fees at the end of each five-year period of the franchise. If the board of supervisors desires to change the measure or amount of franchise fees, they shall provide for a hearing.

The franchisee shall be given ten days notice of the hearing and shall be provided with a copy of the proposed change in franchise fees.

(e) Terms and Conditions Required of Private Franchises. No private franchise shall be granted unless it contains, in substantially the same form as that required for public franchises the following:

(1) A title, the preamble and sections 1, 3, 4, 5, 6, 7, 11, 12, 13, 14, 16 and 17, of the form required for public franchises, supra, except, that the term "private franchise" shall be substituted for the term "public franchise," wherever the latter appears therein, and the last sentence of the first paragraph of section 6 shall read as follows: "The work hereunder shall be prosecuted diligently and in good faith."

(2) Note. The following shall be substituted for section 10 (Bond) and the franchise bond shall be so conditioned:

The grant of this franchise is effective only upon the further condition that the grantee shall, at all times during the life of the franchise, keep on file with the Board of Supervisors a bond running to the County of Santa Barbara and to any successor to any of the rights of the County of Santa Barbara under the terms of this franchise in the sum of ___________ ($_______) with sureties to be approved by the Board of Supervisors, conditioned upon the grantee well and truly observing, fulfilling and performing each and every term and condition of the franchise, and in case of any failure by the grantee to perform any term of condition of the franchise, or in case of any breach of any term or condition of the franchise by the grantee, then the principal and surety shall be jointly and severally liable for such performance or for any damage, expense, loss, or injury directly or indirectly suffered therefrom by the County of Santa Barbara.

No bond shall be deemed adequate unless it is valid for the entire term of the franchise plus one year or it contains provisions that the bond shall remain valid until at least thirty days after notification by the surety to the board of supervisors that the bond is about to be cancelled, expired or not be renewed.

Nothing herein shall insulate grantee from liability in excess of the amount of the bond or shall be construed as a waiver by the county any legal remedy against the grantee for any breach of the terms and conditions of this franchise, or for any damage, loss or injury suffered by the County of Santa Barbara in case of any damage, loss or injury suffered by any person by reason of any work done or any activity conducted by the grantee in exercise of this franchise.

(3) Consent to assignment of franchises heretofore granted shall be conditioned upon assignee meeting bond requirements as set out herein.

(4) Sections fixing franchise fees and setting forth a procedure for calculating payments, filing reports and forwarding payments pursuant to one of the formulae set out in subsection (d), supra, and in similar form to that required for public franchises in sections 8 and 9 of section 2-82, subsection (d), supra. The franchise, if granted, shall include a section reserving the right to the board to change franchise fees to conform to a uniform fee schedule for all private franchises, should such schedule hereafter be adopted. Such franchise shall also include a section whereby the board of supervisors reserves the right to review the measure or amount of franchise fees at the end of each five-year period of the franchise.

(5) A section stating that franchise fees are payable from the effective date of the franchise.

The terms and conditions upon which the franchise is requested shall be set forth in the "resolution granting a private franchise." The resolution shall be in substantially the same form as the resolution granting a public franchise, supra, with substitution of the term "private franchise" for "public franchise" where applicable.

(f) Offer and Bid. Every application for a private franchise must be accompanied by three copies of the applicant's "offer and bid" for the franchise and a certified check payable to the county for the full amount of the bid. The offer and bid shall be in substantially the same form as the offer and bid for a public franchise, supra, with substitution of the term "private franchise" for "public franchise" where applicable.

(g) Amendments. Private franchises may be amended, altered or terminated by agreement. An amendment, alteration or termination shall be effective and binding upon the parties upon adoption of a resolution by the board of supervisors.

(h) Approval of Bond. The clerk of the board of supervisors shall transmit all bonds submitted by applicants to the county counsel for approval as to form and legal sufficiency. Unless provided for to the contrary herein, bonds shall meet the requirements set forth for bonds for public franchises, supra.

(i) Term of Franchise. A private franchise shall be granted for a term of twenty years unless, at the time the board of supervisors considers the application, a specific showing is made as to why a different period of time is appropriate.

(j) Franchise Area. The area for which a private franchise is granted shall be limited to that general geographical area of the county in which the grantee intends to construct facilities within a reasonable time after grant of the franchise. The boundaries of the grant area shall be described with particularity.

Description of the area for which a private franchise is granted may be accomplished by reference to the various census tracts as the same have been developed by the planning department of the county.

(Ord. No. 2227)

Until such time as the State Public Utilities Commission or other state agency exercises jurisdiction over privately owned sewage disposal systems, the imposition of regulations and controls on the connection charges, monthly service rates and other matters related to the establishment and operation of such systems shall be considered hereafter in the granting of any franchise to use county roads for maintaining sewage disposal facilities. Such franchise shall contain a section substantially similar to that set forth in section 2-85(c).

(Ord. No. 2227)

The terms of this franchise article shall not apply to facilities owned by the state or any local public entity.

(Ord. No. 2227)

(a) Definitions. A franchise granted to physically occupy and use for a fixed period of time public rights-of-way or other public places in the unincorporated areas of the county for the purpose of furnishing community antenna television services to or from the public or any portion thereof is designated as a "community antenna television system franchise" and shall be granted by resolution. "Community antenna television systems" shall not be deemed to include "master television antenna systems" as defined in Ordinance No. 661 of the county unless a franchise is desired for any "master television antenna systems."

(b) Necessity of Grant. No person, firm or corporation shall physically occupy and use, by placing over, on or under the surface of any public right-of-way or other public place in the unincorporated areas of the county, wires, conduits and appurtenances for a community antenna television system except pursuant to a community antenna television system franchise therefor.

(c) Procedures and Terms. The grant of such franchise shall conform with the procedures and terms set forth in this article for the grant of private franchises; except, as follows:

(1) The award of the franchise shall be made on the basis of the quality of service, rates to the subscriber, income to the county, experience and financial responsibility of the applicant, plus any other consideration that will safeguard the public interest.

(2) The grantee and its successors and assigns, shall during the life of this franchise pay to the department of resources and collections of the county, in lawful money of the United States, a percentage to be fixed by the board of supervisors, not to exceed five percent of the gross annual receipts arising from operations conducted pursuant to this franchise; except, should circumstances change at any time the board of supervisors reserves the right to increase the franchise fees, but not to exceed the legal limit.

"Total gross receipts" for the purposes of this section, shall not include any state or federal tax levied upon the services rendered, nor shall it include installation or reconnection charges, nor charges for inspection, repair or modifications of installations, nor shall it include any amounts charged which are to be set aside, reserved or applied to costs of placing facilities underground.

The franchise fees are payable from the effective date of the franchise.

(3) Within one hundred twenty days after the termination of each fiscal year of grantee in which franchise fees are payable, the grantee shall file with the department of resources and collections a statement, verified by the oath of the grantee or the manager or other responsible officer of the grantee, showing in detail the total gross receipts arising from operations pursuant to this franchise within the county during such fiscal year. Within fifteen days after the time for filing the statement, the grantee shall pay to the department of resources and collections the percentage fixed by the board of supervisors of the gross annual receipts arising from operations pursuant to this franchise.

(4) The franchise may be granted to include public easements as defined in Government Code section 53066, as well as public roads and highways. Section 14 of the form required for public franchises, supra, may be modified to read as follows:

SECTION ___________ RIGHT LIMITED TO PUBLIC EASEMENTS

This franchise shall confer upon the grantee only the right or privilege to enter upon the public easement in County roads and public easements as defined by Government Code section 53066 and shall not be construed to authorize any invasion of property rights of abutting owners.

(5) The franchise shall contain the following section:

SECTION ___________ PUBLIC REGULATION

As a condition for awarding this franchise, the County of Santa Barbara reserves the right to prescribe such rules and regulations as it deems advisable to protect the individual subscribers of grantees community television antenna system and nothing in this franchise shall be construed as restricting such right. In no case may such regulation by its terms and effect amount to a confiscation of the community antenna television system covered by this franchise. No rates or charges shall be levied or collected by the grantee except in accordance with the rate schedules submitted to the County and approved by the Board of Supervisors. The County shall at all times allow and provide for a fair and reasonable return upon its investment to the holder of the franchise after allowance of depreciation charges and expenses of operation; in determining said fair and reasonable return, the Board shall give due consideration to qualified audits and other financial statements pertaining to the grantee's operations. If the Public Utilities Commission becomes vested with jurisdiction to regulate operational and rate aspects of this community television antenna system, then the County of Santa Barbara shall relinquish the rights to regulation reserved by this section to the extent that regulation is vested in the Public Utilities Commission.

(6) The franchise shall contain sections 6 and 10 of the form required for public franchises, supra, without modification. The bond required for the franchise shall be the same as for a public franchise. The application for the franchise shall be accompanied by a financial statement of the applicant showing his assets and liabilities and a statement of experience and qualifications.

(7) The franchise shall contain a section which shall specifically state that this community antenna television franchise shall not be used for pay television purposes, except as expressly permitted by federal law hereafter and upon such terms and conditions as may be specified by the board of supervisors.

(8) Consent to assignment of franchises heretofore granted shall require assignee to meet all terms and conditions of section 2-83, including, but not limited to, franchise fees.

(9) The franchise shall contain a section which shall specifically state that in the event an underground utility district is formed, the grantee shall be subject to all orders, rules and regulations relative to relocation or placing facilities underground.

(Ord. No. 2227)

Maps showing census tracts may be obtained from the planning department. The planning department of the county must be contacted to determine the current price of the map. Each franchise using census areas for description of territory under franchise shall have map or maps attached showing such census areas.

(Ord. No. 2227)

The minimum bid, if any, for any franchise shall be as required by law, or as set from time to time by the board of supervisors, if not required by law.

(Ord. No. 2227)

Copies of this franchise article may be purchased at the office of the clerk, board of supervisors, for five dollars plus tax.

(Ord. No. 2227)

No franchise shall be granted for a term in excess of twenty years unless at the time the board of supervisors considers the application, a specific showing is made as to why a different period of time is necessary.

(Ord. No. 2227)

The responsibility for administering the regulating franchises granted by the county shall be assigned as follows:

(a) The clerk of the board of supervisors shall:

(1) Process applications for franchises in the manner described by this article.

(2) Maintain a file and such records as are necessary and proper for processing and recording franchises.

(3) Transmit moneys received from bids, forfeiture of bonds and all other sources related to franchises except fees to the department of resources and collections.

(4) Transmit all bonds submitted by applicants to the county counsel for approval as to form and legal sufficiency.

(b) The department of resources and collections shall:

(1) Maintain appropriate records on franchise fees paid, payable and owing.

(2) Send notices to grantees of the dates when annual statements and payments of fees will be due.

(3) Test and verify the calculation and correctness of annual payments of franchise fees, in the event he determines that such tests and verification are needed and notify the board of supervisors as to any disapproval of the calculation or correctness thereof.

(4) Transmit all moneys received from fees to the county treasurer.

(c) The county auditor shall:

Make an annual audit of the accounts and records on franchise fees maintained by the department of resources and collections.

(d) The county treasurer shall:

(1) Receive and deposit in the general fund, moneys received from bids, fees, forfeiture of bonds or other sources related to franchises.

(2) Maintain such records on moneys received from franchises as are necessary and proper.

(e) The road commissioner shall:

(1) Inspect public highways, roads or other places designated in application for franchises as he deems necessary and notify the board of supervisors in writing whether the occupancy or use thereof will, in his opinion, unduly impair the condition of such public places or unreasonably and unnecessarily obstruct or inconvenience the traveling public.

(2) At the date of expiration of forfeiture of a franchise, inspect the public highways, roads or other public places occupied or used by the grantee, and notify the board of supervisors in writing whether all, real or personal property placed on, imbedded in or buried under the substratum or surface of such public places by the grantee have been removed, and, if not removed, whether removal thereof should be required, whether all excavations have been backfilled properly, all obstructions removed and whether the substratum or surface of public highways, roads or other places occupied or used have been placed in a good and serviceable condition.

(3) Furnish a writing to the grantee to the effect that the conditions in paragraph 2 above, have been met only when the road commissioner is of such opinion and has so notified the board of supervisors and such writing shall state that its only purpose is to release the bond which such grantee has filed with the board of supervisors and does not constitute a waiver of any right or remedy which the county may have for any damage, loss or injury suffered by such county as a result of any work or activity performed by such grantee in exercise of the franchise or as a result of a breach of any term of condition of the franchise by such grantee.

(f) The county counsel shall:

(1) Inspect all applications for franchises and notify the board of supervisors in writing whether, in his opinion, all requisites and procedures prescribed by this article and the laws have been met.

(2) Examine any bond submitted by an applicant for a franchise and advise the board whether, in his opinion, the bond conforms to the requirements of this article.

(g) General Administration:

The general administration of franchises shall be as directed by the board of supervisors.

(Ord. No. 2227)