Before any franchise is hereafter granted by the city, and the
franchise is not within the provisions of Division 3 of the Public
Utilities Code of the state, or the proposed franchise or the public
utility service to be franchised thereby is not governed by any other
law of the state governing procedure for a franchise, the following
procedure shall be followed:
A. The
city council shall pass a resolution declaring its intention to grant
the same, stating the name of the proposed grantee, the character
of the franchise, and the terms and conditions upon which it is proposed
to be granted. Such resolution shall fix and state further the day,
hour and place when and where any persons having any interest therein
or any objections to the granting thereof may appear before the city
council and be heard thereon. It shall further direct the city clerk
to publish or post such resolution at least once within fifteen days
of the passage thereof, as required by law for the publication or
posting of ordinances of the city.
B. The
time fixed for such hearing shall not be less than twenty nor more
than sixty days after the passage of the resolution.
C. At the
time set for the hearing, the city council shall proceed to hear and
pass upon all protests, and its decision thereon shall be final and
conclusive.
(Prior code § 10001)
By its acceptance of any franchise under this chapter, the grantee
shall covenant and agree to perform and be bound by each and all of
the terms and conditions imposed in the grant or by the procedural
ordinance codified in this title, and shall further agree to:
A. Comply
with all lawful ordinances, rules and regulations heretofore or hereafter
adopted by the city council governing the construction, maintenance
and operation of its plants, works or equipment;
B. 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;
C. Indemnify
and hold harmless the city and its officers, in such manner as set
forth in the grant, from any and all liability for damages approximately
resulting from any operations under such franchise;
D. Remove
and relocate, without expense to the city, any facilities installed,
used and maintained under the franchise, if and when made necessary
by lawful change of grade, alignment or width of any public street,
way, alley or place, including the construction of any subway or viaduct;
E. Pay
to the city during the life of the franchise a compensation to be
specified in the grant for the privileges and rights granted under
the franchise.
(Prior code § 10005)
No person, firm or corporation shall use the public streets,
ways, alleys and places within the city, as the same now or may hereafter
exist, for the construction and operation of plants, works or equipment
necessary or convenient for furnishing the city and its inhabitants
with light, water, power, heat, transportation, telephone service
or other means of communication, or for any public utility service,
nor shall any person, firm or corporation use the public streets,
ways, alleys and places within the city, as the same now or may hereafter
exist, for the construction and operation of plants, works, equipment,
poles, lines, pipes or vehicles necessary or convenient for transmitting
or conveying any public utility service, including light, water, power,
heat, transportation, telephone service or other means of communication,
or the laying of gas and water pipes in public streets, without having
in existence a valid franchise to do the same, issued pursuant to
this title or pursuant to other valid and lawful authority of the
state or the county of Los Angeles, pursuant to the laws of the state
and the ordinances of the city and the ordinances of the county of
Los Angeles.
(Prior code § 10006)