HomeMy WebLinkAboutMC-1135
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Adopted: December 16, 2002
Effective: January 16, 2003
1 ORDINANCE NO. MC-1l35
2
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS
OF MUNICIPAL CODE CHAPTER 14.04 REGARDING GRANTING OF UTILITY
FRANCHISES.
Whereas, the Mayor and Common Council of the City of San Bernardino have
authority to grant franchises to utility companies for the use of public rights.of-way; and
Whereas, there is a need to establish procedures regarding the provision of utilities
during an interim period while franchise terms are being negotiated;
Now, therefore, the Mayor and Common Council of the City of San Bernardino do
ordain as follows:
Section l.
follows:
Section 14.04.020 of the Municipal Code is hereby amended to read as
"14.04.020 Application.
Any person desiring to procure a franchise for any of the purposes mentioned in Section
14.04,010 shall make application therefor in accordance with the procedural requirements set
forth in the Franchise Act of 1937 (Public Utilities Code Section 6201 et seq,), and as
amended."
Section 2.
follows:
Section 14.04.030 of the Municipal Code is hereby amended to read as
"14,04.030 Granting offranchise. Conditions.
The Mayor and Common Council may grant a franchise, subject to any restrictions, terms, and
conditions (including compensation), without limitation, that they deem to be in the best
interests of the City, The Mayor and Common Council may refuse to grant a franchise, when in
their opinion the granting of any such franchise will not be in the best interests of the City,"
Section 3.
follows:
Section 14.04,040 of the Municipal Code is hereby amended to read as
"14.04,040 Violation - Penalty.
Any person, firm or corporation exercising or attempting to exercise any franchise for any of
the purposes mentioned in Section 14.04.010, or laying or maintaining any pipes or conduits in
or upon any street in the City, for the transmission of gas, water, heat, steam or other substance,
or erecting any telephone, telegraph or electric light or power poles, wires, or system, within
the City in violation of any provision of this Chapter is guilty of an infraction, which upon
conviction thereof is punishable in accordance with the provisions of Section 1.12.0 I 0 of this
Code. In addition, any person, firm or corporation exercising or attempting to exercise any
franchise for any of such purposes after a franchise or license (issued pursuant to Chapter
14.04) has expired shall be subject to a civil penalty of three (3) times the compensation
required under the expired franchise or license prorated on a "per day" basis. Such civil penalty
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MC-1l35
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS
OF MUNICIPAL CODE CHAPTER 14.04 REGARDING GRANTING OF UTILITY
FRANCHISES.
shall be in addition to any other terms and conditions set out in the franchise or license, and
shall not, in any way, limit or otherwise restrict any other legal or equitable remedy available to
City."
Section 4.
Section 14.04.050 is hereby added to read as follows:
"14.04.050 Operation after franchise Expiration - Revocable License
If a franchise is to expire within sixty days according to the franchise terms, and a new
franchise has been requested, but has not yet been granted, the franchisee may request the
Mayor and Common Council to issue the franchisee a written revocable license, for a
renewable term not to exceed one hundred-twenty (120) days from the expiration of the
franchise, permitting the franchisee to continue to locate its existing facilities in or upon public
property in the City during the term of the license. The Mayor and Common Council may issue
such a revocable license, subject to any restrictions, terms, and conditions (including
compensation), without limitation, that they deem to be in the best interests of the City.
Nothing herein requires the Mayor and Common Council to grant such a revocable license, nor
does the issuance of such a revocable license require that the Mayor and Common Council
grant the franchisee a new franchise. Upon request of the franchisee, the City Clerk shall
provide a revocable license application form,"
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MC-1l35
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS
OF MUNICIPAL CODE CHAPTER 14.04 REGARDING GRANTING OF UTILITY
FRANCHISES.
I HEREBY CERTIFY that the foregoing ordinance was duly amended by the Mayor
and
Common Council of the City of San Bernardino at a joint regular meeting thereof, held on
the 16th day of December ,2002, by the following vote, to wit:
Council Members AYES NAYS ABSTAIN ABSENT
ESTRADA ~
LONGVILLE X
MCGINNIS ...JL.....
DERRY ~
SUAREZ X
-
ANDERSON X
-
MCCAMMACK X
-
__(M-~ h CL~
.,-, City Clerk
The forgoing ordinance is hereby approved this jJ, day of Dec.
,2002.
u'
ITH V ALLES, Mayor
ity of San Bernardino
Approved as to form and
legal content:
James F. Penman,
City Attorney ,.
-:J /,
1-.....7.(;'C>Jl