Saratoga Municipal Code Art. 10-25 Franchises

The City Council is the designated agent of the legislature of the State in the matter of granting certain franchises or privileges to any person desiring to exercise or enjoy any rights in, over, on, along and through the public highways of the City. The City Council desires to make uniform regulations for all such activities intended to be carried on by any person in the City.

Any person, except a person granted special privileges by law of the State, desiring to make use of any City street or highway for the purpose of erecting or installing therein or thereon any facility shall be required to obtain from the City a franchise authorizing such use.

Each person desiring a franchise from the City shall make application to the City Council for the privilege or franchise he desires to exercise or enjoy.

Every franchise or privilege whatsoever hereafter proposed to be granted by the City Council shall be granted subject to the laws regulating the activity of the applicant therefor and the laws governing the granting of franchises or privileges by the City Council.

The grantee of any franchise or privilege granted pursuant to this Article shall have the right as against all persons to make use of the City streets and highways, as provided in the franchise or privilege granted by the City Council, to the full extent of the lawful authority of the City to permit such use.

The grantee of any franchise granted by the City Council under this Article shall not sell, transfer or assign any franchise or any of the rights or privileges granted thereby except by a duly executed instrument, in writing; provided that unless otherwise permitted in the franchise agreement, no such sale, transfer or assignment may be made without the consent of the City Council thereto, except that no such consent shall be required for any transfer by the grantee in trust or by way of mortgage or hypothecation for the purpose of securing an indebtedness of grantee or for the purpose of renewing, extending, refunding, retiring, paying or cancelling, in whole or in part, any such indebtedness at any time or from time to time.

Before any use, operation, or installation under any franchise granted pursuant to this Article shall be permitted, notification shall be made by the grantee of the franchise to the Maintenance Director.

The grantee of any franchise under this Article shall indemnify and hold the City free and harmless from all damages or liability arising from the use, operation or possession of the franchise and from the use, operation or maintenance of the facilities erected, constructed or maintained thereunder.

Every new pipeline laid or maintained under any franchise granted pursuant to this Article shall be laid not less than two feet under the surface of the highway, unless the City Engineer shall otherwise permit.

If the franchise agreement provides for payments of a franchise fee to the City by the grantee, the first such payment shall be accompanied by a report, verified by a duly authorized representative of the grantee, showing the length of pipelines or other facilities installed in the public highways and a complete computation of the franchise fee. In the event additional pipelines or facilities are thereafter installed, supplemental reports shall be furnished describing the same and any adjustments to the franchise fee by reason thereof.

The City Engineer shall have the right to inspect the maps, records and physical properties of the grantee necessary to determine the number, location, extent and the period of maintenance of any pipelines and other facilities installed pursuant to the franchise. Such officer may, upon reasonable notice being given, inspect at the offices of the grantee reports or maps which reasonably affect any franchise and the grantee shall promptly supply the same.

Payment of the franchise fee, if any, shall be made at such time or times as may be provided in the franchise agreement, and if not specified therein, such payment shall be made annually on the first day of February. Should any payment not be made within thirty days after the same becomes due, the grantee shall further pay interest on such payment at the rate of one percent per month from the date the payment was due.