Stockton Municipal Code Art. XXI Franchises

No person, firm, or corporation shall exercise any franchise right or privilege mentioned in this article in the City except insofar as such person, firm or corporation may be entitled to do so by the direct authority of the Constitution of the State of California or of the United States of America, unless a grant therefor shall have been obtained in accordance with the provisions of this article and the procedure established by ordinance.

(Amended Election 10/12/71 effective 12/6/71; Amended Election 11/8/94 effective 5/22/95)

The City Council shall be empowered to grant by ordinance a franchise to any person, firm, or corporation, whether operating under an existing franchise or not, to furnish the City or its inhabitants with transportation, communication, terminal facilities, water, light, heat, gas, electricity, power, refrigeration, storage, or any other public utility or service; or to use the public streets, ways, alleys and places, as the same may now or hereafter exist, either separately or in connection therewith. The City Council shall, by ordinance, prescribe the terms and conditions of such grant. The City Council may also prescribe, by procedural ordinance, the method of procedure and additional terms and conditions of such grants, or the making thereof, subject to the provisions of this Charter; provided, however, that any such procedural ordinance shall make provisions for the giving of public notice for franchise applications, for protests against the granting of franchises, and for public hearings on such applications.

(Amended Election 10/12/71 effective 12/6/71)

The City Council may grant a franchise without calling for bids or may, in its discretion, advertise for bids for the sale of a franchise upon a basis, not in conflict with the provisions of this article, to be set out in the advertisement for bids and notice of sale.

(Amended Election 10/12/71 effective 12/6/71; Amended Election 11/8/94 effective 5/22/95)

Every franchise shall be either for a fixed term or for an indeterminate period. If it is for a fixed term, the franchise shall set forth the term for which it is granted; if indeterminate, it shall set forth the terms and conditions under which it may be terminated.

(Amended Election 10/9/51 effective 3/6/52; Amended Election 10/12/71 effective 12/6/71)

Any franchise granted hereunder shall not become effective until written acceptance thereof shall have been filed by the grantee with the City Clerk. Such acceptance shall be filed within 10 days after the final passage of the ordinance granting the franchise, or any extension thereof granted by the City Council.

(Repealed Election 10/9/51 effective 3/6/52; Added Election 10/12/71 effective 12/6/71)

No franchise granted shall in any way, or to any extent, impair or affect the right of the City now or hereafter conferred on it by law to acquire the property of the grantee thereof either by purchase or through exercise of the right of eminent domain. Upon any such acquisition by the City, the compensation or price shall not include the value of the franchise. Nothing herein contained shall be construed to contract away or to modify or to abridge, either for a term or in perpetuity, the City's right of eminent domain with respect to any public utility.

(Amended Election 10/12/71 effective 12/6/71)

No ordinance granting a franchise shall become effective without receiving the affirmative vote of at least 2/3 of the members of the City Council.

(Amended Election 10/12/71 effective 12/6/71; Amended Election 11/8/94 effective 5/22/95)

Nothing contained in this article shall be construed to:

(a) Invalidate any lawful franchise heretofore granted, nor to necessitate the obtaining of a new franchise for a use which a franchise holder shall have a valid unexpired franchise;

(b) Affect or impair any rights, powers, or privileges vested in, possessed by, or available to the City by virtue of previous Charter provisions relating to franchises;

(c) Apply to the City, or any department thereof, when furnishing any public utility or service.

(Amended Election 10/12/71 effective 12/6/71; Amended Election 11/8/94 effective 5/22/95)

The exercise by any person, firm, or corporation of any privilege for which a franchise is required without procuring such franchise shall be a misdemeanor, and each such day that such condition continues shall constitute a separate violation.

(Amended Election 10/12/71 effective 12/6/71)