Santa Clara Municipal Code Art. I Generally

"Grantee"

shall include any successor or assign of the original grantee of any franchise granted hereunder.

(Ord. 1169 § 1, 9-5-1967; Formerly § 12A-1)

This chapter is enacted by ordinance pursuant to the authority of Section 1400 of Article XIV of the Charter of the City of Santa Clara which vests in the City Council the power to provide a procedure for the granting of franchises upon such terms, conditions, restrictions, and limitations as may be prescribed by ordinance, but that no franchise shall be granted without reserving to the City adequate compensation for the privilege conferred. The purpose of this chapter is to provide an exclusive procedure for the granting of gas, oil, electric, and water franchises by the City, including resettlement franchises in lieu of existing franchises and claims, upon terms, conditions, restrictions, and limitations which will provide greater protection of the interests of the public than is provided for by general law.

(Ord. 1169 § 1, 9-5-1967; Formerly § 12A-2)

The City Council is hereby empowered to grant a franchise to any person, whether operating under an existing franchise or not, to use, or to construct and use, poles, wires, conduits, and appurtenances for transmitting and distributing electricity for all purposes, or to use, or to lay and use pipes and appurtenances for transmitting and distributing gas for any and all purposes, or to use, or to lay and use, pipes and appurtenances for transmitting and distributing oil or products thereof for any and all purposes, or to lay and use pipes, ditches, flumes, conduits, and appurtenances for transmitting and distributing water for any and all purposes, under, along, across or upon the public streets, ways, alleys, and places as the same now, or hereafter, exist within the city, upon the terms and conditions provided in the City's Charter and this chapter, and may, in such franchise, impose such other and additional terms, conditions, restrictions, and limitations not in conflict with said Charter or this chapter, whether governmental or contractual in character, as in the judgment of said Council are to the public interest.

(Ord. 1169 § 1, 9-5-1967; Formerly § 12A-3)