Ventura Municipal Code Art. 1 Procedure for Granting Franchise

A. No person shall exercise any franchise mentioned in this section, in, upon, over, under or along any street, lane, alley, court, waterfront, tide, and submerged lands or other public place in the city, unless such person shall have obtained a grant therefor in accordance with the provisions of the Charter of the city, and of the procedure prescribed by this article, and in accordance with the provisions of this section granting such franchise.

B. Any franchisee or person, firm or corporation doing business with an expired franchise shall perform and be bound by each and all of the terms and conditions imposed by the city council in the original grant of franchise, or by such other ordinance, regulations, or requirements as the city council may deem appropriate, and shall further:

1. Comply with all ordinances, rules and regulations theretofore or thereafter adopted by the council in the exercise of its police powers.

2. Pay to the city, on demand, the cost of all repairs to public property made necessary by any of the operations of the grantee under such franchise.

3. Indemnify and hold harmless the city and its officers from any and all liability for damages proximately resulting from any operations under such franchises.

4. Remove and relocate, without expense to the city, any facilities installed, used and maintained under the franchise if and when made necessary by the city’s making any lawful changes of grade, alignment or width of any public street, or place, including the construction of any subsurface improvement.

5. Pay to the city, during the life of the franchise and thereafter, such compensation as the council may prescribe in the ordinance granting the franchise.

6. Pay to the city such compensation as the council may prescribe in any lawful offer of franchise that has not been accepted; provided, that such compensation does not exceed the highest compensation paid by the franchise to any other jurisdiction within which it does business. (Code 1971, § 2311; Ord. No. 2009-014, § 1, 7-27-09)

Every franchise enumerated in this article will be granted by ordinance in accordance with the procedure prescribed by this article. This article is inapplicable to, and does not affect, the procedure for granting, modifying, renewing, or transferring cable franchises as defined by this code. The franchises contemplated by this article will include:

A. Street Railroad. Every franchise to construct, maintain or operate, a street railroad along, upon, over, in, under or across any street, lane, alley, court or other public place in the city.

B. Interurban Railroad. Every franchise to construct, maintain or operate any interurban railroad along, upon, over, in, under or across any such street, lane, alley, court or other public place and whether the same is to be operated on the surface, in subways, or upon an elevated structure.

C. Underground Railway. Every franchise to construct, operate or maintain an underground street railroad through subways, and for the construction, operation and maintenance of elevated street railways along, across, in or over any such street, lane, alley, court or other public place.

D. Trackless Conveyance. Every franchise to operate a system for transporting or conveying passengers or freight over and along any such street, lane, alley, court or other public place without the use of tracks. A franchise will not be required for operating taxicabs as defined and regulated by this code.

E. Pipes and Tubes. Every franchise to construct, maintain or operate pipes, tubes or conduits along, upon, over, in, under or across any such street, lane, alley, court or other public place for the purpose of transmitting water, gas or other substance or utility.

F. Poles, etc. Every franchise to erect, construct, lay, maintain and operate poles, pipes, conduits, wires or cables upon, over, in, across or along any such street, lane, alley, court or other public place for the purpose of transmitting power, heat, electricity or electric energy, or for communication by telephone, telegraph or other system.

G. Plants. Every franchise for the construction and operation of any other plants or systems necessary or convenient for furnishing the city and its inhabitants with transportation, communication, water, light, power or any other public service.

H. Steam Railway. Every franchise for the construction and operation of steam railroad tracks within the incorporated limits of the city.

I. Tidelands. Every franchise to use the water frontage, tide or submerged lands for purposes in connection with, or for the promotion and accommodation of, commerce, navigation and fishery. Every such grant shall be subject to such rights-of-way over the lands embraced therein for such sewers, pipe lines, conduits, and for such telephone, telegraph, light, heat or power lines as may from time to time be determined by the council, and the same shall be subject to such rights-of-way for such streets and other highways and for such railroads and other means of transportation as shall have been duly established or as shall be reserved in such grant. No such grant shall ever be made that shall provide for any use of the property or for the construction or placing of any structure, building, or other improvement thereon that shall interfere with any plan approved or adopted by the city for harbor improvements or for the development of facilities for the promotion and accommodation of commerce, navigation, or for railroad or other terminal facilities.

J. Solid Waste Collection. Every franchise to operate a system for collecting, diverting, and disposing of solid waste and for collecting and transporting for processing of green waste and recyclable materials over and along any such street, lane, alley, court or other public place. (Code 1971, § 2312; Ord. No. 99-05, § 3, 3-30-99; Ord. No. 2000-12, § 2, 5-9-00)

A. Information Required. Every applicant for a franchise mentioned in Section 6.450.020 shall file with the council an application therefor in writing, setting forth in such application the name and address of such applicant, a description of the franchise applied for and the streets and other places upon, over, in, under or across which it is proposed to exercise such franchise.

B. Filing Fee. No application for a franchise shall be considered by the council unless the application shall be accompanied by the sum of $100.00 which sum shall be returned to the applicant in the event the council shall determine that neither the public necessity nor the public interest requires the granting of such franchise. If, however, the council shall determine that public necessity or the public interest requires the granting of such franchise, then the said sum of $100.00 shall be retained by the city in full for all expenses connected with the granting of such franchise. (Code 1971, § 2313)

A. Generally. The council may, after receipt of an application for such franchise, grant the same by ordinance or may in its discretion advertise for bids for the sale of such franchise by notice stating therein the name of applicant, duration, terms, conditions, character and regulations under which it proposes to grant such franchise. Said notice inviting bids shall be published three days in a newspaper of general circulation and published and circulated in the city. Said notice inviting bids shall also state the time and place sealed bids will be received and the time and place that said bids will be opened by the council, said time not to exceed 30 days after the first publication of said notice.

B. Award After Bids. The franchise, if awarded, will be awarded to the bidder offering:

1. To pay the city, during the life of such franchise, the highest percentage of gross annual revenue received by the bidder from the operation of its business in the city; or

2. To pay the city the highest stated sum as compensation for such franchise for the entire term of such grant; or

3. To pay to the city the highest annual monthly compensation for such franchise during the term of such grant; or

4. To pay to the city such other compensation or consideration for such franchise as may be prescribed by the council in the advertisement for bids and notice of sale thereof.

Provided, that the council may in said advertisement for bids, and notice of sale, invite bids on any number on the basis hereinbefore in this section enumerated.

C. Grant. Each bid shall be delivered to the clerk and shall be accompanied by the sum of $100.00 or certified check in the like amount, payable to the order of the city, except the bid of the original applicant for such franchise who shall be required to make no further deposit with the city other than required by Section 6.450.030(B). Said bids shall be opened by the council in public session and publicly declared, and no bid shall be considered unless accompanied by the sum of $100.00 or said certified check as hereinabove provided. If the council awards such franchise, the same must be granted by ordinance within 30 days thereafter. Upon the franchise being awarded, all deposits made by unsuccessful bidders shall be returned, including that of original applicant if they, or it, was an unsuccessful bidder.

D. Conditions. Nothing in this article shall be construed as preventing the council from inserting in any advertisement for bids and notice of sale, or in any ordinance granting any franchise, any conditions or requirements not inconsistent with the provisions of the Constitution of the State of California, or of the Charter of the city. (Code 1971, § 2314)

The grantee of any franchise granted under this article shall, within 10 days after such franchise is granted, file with the clerk a written acceptance of the terms and conditions thereof. (Code 1971, § 2315)

The council may, in its discretion, require the grantee of any franchise granted under this article to file a bond for the faithful performance of the terms and conditions thereof running to the city in the penal sum to be fixed by the council. If any bond shall be required of the grantee of any franchise, the council in its notice inviting bids shall so state and the amount thereof. Any bonds that may be required by the council shall be filed with the clerk prior to the granting of such franchise by ordinance. (Code 1971, § 2316)

Every such grant shall be made only upon the condition, whether expressed therein or not, that the construction of the works, structures or improvements, provided for therein, shall, if the same be not already constructed or made, be commenced within 90 days of the date of such grant and be prosecuted diligently to completion upon such further terms and conditions as may be prescribed therein; that the right is reserved to revoke for noncompliance with any of the conditions of the franchise; that the granting thereof is subject to the provisions of the Charter of the city and of the Constitution of the state, whether or not such conditions are expressed in the grant thereof. (Code 1971, § 2317)

A. Notice to Remove. Whenever it shall appear to the council that the removal or relocation of any pole, anchor, cross-arm, wire, street lamp, fence, pipe line or other fixture, appliance or structure owned or controlled by any person, and located in, upon, or under any public street or public place of the city is necessary, then the council shall give notice in writing to the person owning or controlling said pole, pipe line, fence, or other property or obstruction, located as aforesaid, to remove or relocate the same; that such notice shall state the number and location of the poles, anchors, cross-arms, wires, street lamps, pipe lines, fences or other fixtures, appliances, or obstruction to be removed or relocated, and when relocation of any structures or appliances is required in such notice, then such notice shall designate the location in, upon, over or under any such public street or other public place to which the same shall be removed; and it shall be the duty of such person to begin, within five days after the giving of such notice, the work of removing or relocating the poles, anchors, cross-arms, wires, street lamps, pipe lines, or other appliances or structures, designated in such notice, and to prosecute such work diligently to completion.

B. Power of City. The council shall have power to move or relocate any of the heretofore mentioned fixtures, appliances, structures or obstructions, owned and controlled by any person, in a public street or public place in the city where such person shall fail within five days after receipt of notice as aforesaid to begin the work of removing or relocating or shall fail to diligently prosecute such work to completion, and the cost of such removal or relocation shall be charged to such person owning or controlling any such fixture, appliance, structure or obstruction.

C. Violations. It shall be unlawful for any person owning or controlling any of the heretofore mentioned fixtures, appliances, structures or obstructions, located in, upon, over or under any public street or any other public place in the city, to fail or refuse to begin the work of removing or relocating such fixture, appliance, structure or obstruction within five days after receiving notice in writing from the council so to do, or to diligently prosecute such removing or relocating to completion. Each such person shall be deemed guilty of a separate offense for every day during any portion of which any violation of any provision of this section is committed, continued or permitted by such person.

D. Nuisance. Every act or thing done or being within the limits of the city, contrary to the provisions of this section, or to the notices given in pursuance hereof after the time for the removal, relocation or correction thereof shall have expired thereunder, shall be and is hereby declared to be a nuisance and shall be considered and treated as such, and all remedies which are or may be given by law for the prevention and abatement of nuisances shall apply thereto. (Code 1971, § 2318)