Ordinance 44ORDINANCE N0. ~+4
FRANCHISE ORDINANCE N0.
WHEREAS, the City Council is the designated agent of the Legis-
lature of the State of California in the matter of granting certain
franchises or privileges to any person or corporation desiring to
exercise or enjoy any rights in, over, along, across, under, through
and upon the public streets, roads, alleys and highways of the City
of Cupertino, County of Santa Clara; and
WHEREAS, the City Council desires to make uniform regulations
for all such activities intended to be carried on by any ~aerson or
corporation in the City of Cupertino;
NOW, THEREFORE, the Council of the City of Cupertino do ordain
as follows:
Section 1. The grantee of any franchise granted by this Council
shall not sell, transfer or assign any franchise or
any of the rights or privileges granted thereby except by a duly
executed instrument, in writing; provided, however, that no such sale
transfer or assignment may be made without the consent of the City
Council thereto, except that no provision of any franchise shall
require any such consent and no consent shall be required for any
transfer by the grantee in trust or by way of mortgage or hypotheca-
tion governing all and any part of grantee's property which transfer,
mortgage or hypothecation shall be for the purpose of securing an
indebtedness of grantee or for the- purpose of renewing, extending,
refunding, retiring, paying or cancelling in whole or in part any such
indebtedness at any time or from time to time.
Section 2. Before any use, operation or installation under any
franchise shall be permitted, notification shall be
made to the City Engineer and Street Superintendent of said City of
Cupertino.
Section 3. The grantee of any franchise shall be responsible for
and save the said City of Cupertino free and harmless
from all damages or liability arising from the use, operation or
possession of the franchise and from use, operation or maintenance of
the facilities erected, constructed or maintained thereunder.
Section ~. Every new pipeline laid or maintained under any fran-
chise shall be laid not less than two (2) feet under
the surface of the highway unless the City Engineer or Street Superin-
tendent shall otherwise permit, subject to the right of appeal.
Section 5. The first annual payment provided for in any franchise
shall be made by submitting two copies of a report,
verified by the oath of a duly authorized representative of the grantee
setting forth the length of pipelines in the public highways and the
total amount due, insofar as such infor~rnation is known to the grantee.
In the event new pipelines have been paid in public highways, subse-
quent to the previous report, there shall be included with the grantee
report, a statement showing the fact that a notice was presented to the
City Engineer or Street Superintendent as provided herein, the date
the pipe was laid, the feet specified in the notice and the feet laid.
A complete computation of the license fee shall also be submitted with
this said report.
The City Treasurer, or his deputies or agents, shall
have the right to inspect the maps, records and physical properties
of the grantee necessary to determine the number, location, extent
and the period of maintenance of such pipelines. Such officers may,
upon reasonable notice being given, inspect at the office of the
grantee reports or maps which reasonably affect any franchise and the
grantee shall promptly supply the same, provided that in the event
the grantee refuses any such request, the said grantee or the said
City Treasurer shall have the right of appeal to the City Council of
said City of Cupertino and the decision as to the reasonableness of
such request thus obtained shall be final and binding upon the grantee
and the said City of Cupertino.
Section 6. All payments for the preceding calendar year shall be
due and payable ~.nnually on the anniversary of the
effective date of any franchise granted pursuant to this ordinance.
Should any annual payment be not~made within thirty (30) days after
the date said payment is due, the grantee shall further pay interest
on said payment at the rate of one percent (1/) per month from the
date said payment was due.
PASSED AND ADOPTED by the City Council of the City of Cupertino,
County of Santa Clara, State of California, this 20th day of January,
1958, by the following vote:
AYES: Councilmen, Meyerholz, Nathanson, Paizis, Saich, Wilson
NOES: Councilmen, None
ABSENT: Councilmen, None
Approved:
/s/ R. I. Meyerholz
Mayor, City of Cuper ino
Atte /
~-~'1 Os~-tusi 1 ~,
City Cler
I, LAWRENCE K. MARTIN, City Clerk of the City of Cupertino and ex
officio clerk of the legislative body of said City do hereby certify
that the foregoing is a true and correct copy of Ordinance No. ~~
on file in my office and that the same has been published pursuant
to law.
IN WITNESS WHE~OF I hav hereunto set my hand and City Seal this
~G" ~k day o f V~-e-~y-°-~~ , 19 ~ ~'
0-~-.~,~~--mac 1 ~ . ~ '
City Clerk