The Franchise Act of 1937, located in Article 1 of Chapter 2 of Division 3 of the California Public Utilities Code, beginning with Section 6201, is adopted in its entirety as the governing code of the city, concerning the granting of oil, gas, electric and water pipeline franchises within the city.
(Ord. 1599 § 1, 2001)
A. 
Every applicant for a new oil, gas, electric or water pipeline franchise, or for the transfer of an existing franchise, shall be required to fill out and submit an application in accordance with the requirements of the Franchise Act of 1937.
B. 
If, upon review of the application, the city council determines that it would like to grant the franchise, in accordance with Section 6232 of the California Public Utilities Code, the city council shall pass a resolution:
1. 
Stating its intention to grant the franchise;
2. 
Stating the character of the franchise to be granted;
3. 
Setting forth notice of a time and place where a public hearing will be held concerning the plan to grant the franchise; and
4. 
Directing the city clerk to publish the notice of the public hearing at least once within fifteen days after the passage of the resolution in a newspaper of general circulation within the city. The public hearing must held not less than twenty days, nor more than sixty days after the date the resolution is passed. Content of the notice shall be in accordance with Section 6232 of the California Public Utilities Code.
C. 
Anyone who wishes to object to the granting of the proposed franchise, must deliver a written and signed protest to the city clerk, prior to the hour set for the public hearing. At the time of the hearing, the city council shall proceed to hear and pass on all objections properly received, and its decision shall be final and conclusive.
D. 
If at the time of the hearing no written protests are received, or if such protest have been heard and are determined by the city council to be insufficient, or have been otherwise denied, the city council may then grant the franchise. In accordance with Section 6234 of the California Public Utilities Code, the franchise must be granted by ordinance of the city council.
E. 
Between the time that the application is filed and the date set for the public hearing, the city manager shall be responsible for negotiating and finalizing a franchise agreement between the city and the proposed franchisee. At the point in time that the city council grants the franchise, the council shall also approve the franchise agreement, and incorporate its terms by reference into the granting ordinance.
(Ord. 1599 § 1, 2001)
Each application for a new oil, gas, electric or water pipeline franchise, or for the transfer of an existing franchise, must be accompanied by a five thousand dollar application fee. The city council has determined that this application fee approximates the amount of expenses incurred by the city in processing and finalizing a franchise application. The fee is not intended, nor shall it be construed, as being in any way related to the annual franchise fee that must be paid pursuant to California Public Utilities Code Section 6231.5.
(Ord. 1599 § 1, 2001)
If any section, subsection, clause or phrase or portion of this code is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of all other provisions of this ordinance.
The city council hereby declares that it would have passed the ordinance codified in this chapter, and each section, subsection, sentence, clause and phrase or portion thereof, irrespective of the fact that any one or more of the sections, subsections, sentences, clauses, or phrases or portions thereof be declared invalid or unconstitutional.
(Ord. 1599 § l, 2001)