HomeMy WebLinkAboutOrdinance #3850 ORDINANCE NO. I85n
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 3.44 OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO FRANCHISE AGREEMENTS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Chapter 3.44 of the Huntington Beach Municipal Code is hereby amended by
adding Section 3.44.025, said section to read as follows:
3.44.025 Franchise required when. It is unlawful for any person, firm or corporation to exercise
any privilege or franchise to lay or maintain any pipes or conduits in or under any public street, or
alley in the City, for the transmission of gas, water, heat, steam, or other substance or to exercise
any franchise or privilege for the erection or maintenance, in or upon any public street or alley in
the City, of any telephone, telegraph, electric light or power poles, wires, or system, or for the
erection of any pole or wire for the purpose of transmitting electrical energy or current, without first
having procured a franchise to do so unless such person, firm or corporation is entitled to do so by
direct and unlimited authority of the Constitution of the state or the Constitution of the laws of the
United States.
SECTION 2. Chapter 3.44 of the Huntington Beach Municipal Code is hereby amended by
adding Section 3.44.447, said section to read as follows:
3.44.447 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 City 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 City 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 City Council to grant such a revocable license, nor does the issuance
of such a revocable license require that the Mayor and City Council grant the franchisee a new
franchise. Upon request of the franchisee, the City Clerk shall provide a revocable license
application form.
SECTION 3. All other sections of Chapter 3.44 not modified herein remain unchanged.
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Ordinance No. 3850
SECTION 4. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the 7th day of December , 200 9
M or
ATTEST: 1NITI ED AND APPROVED:
City re Dire for of Public Works
REVIE D APPROVED: APPROVED AS TO FORM:
/ 2v
cio A In
inistrator `,City Attorney
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Ord. No. 3850
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven; that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on November 16,2009 and was again read to said City Council at a
regular meeting thereof held on December 7,2009, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Carchio, Coerper, Hardy, Green, Bohr, Dwyer, Hansen
NOES: None
ABSENT: None
ABSTAIN: None
I,Joan L.Flynn,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on December 17,2009
In accordance with the City Charter of said City
n �`Joaan L. Flynn, City Clerk C' Clerk and ex-officio erk
� a )_Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California