DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001. - 6467.]
Division 3 enacted by Stats. 1951, Ch. 764.
§§ 6001–6467 · 76 sections
CHAPTER 1. Franchise Provisions in General §§ 6001–6092 · 22 sections
ARTICLE 1. Manner of Granting §§ 6001–6017 · 19 sections
- § 6001 Every franchise or privilege to erect or lay telegraph or telephone wires, to construct or operate street or interurban railroads upon any public street or…
- § 6001.5 (a) All franchises, licenses, permits, or other privileges granted to a public utility by any city, county, or city and county holding a freeholder’s charter,…
- § 6002 The grantor may, in such a franchise, impose such other and additional terms and conditions not in conflict with this article, whether governmental or…
- § 6003 No clause or condition of any kind shall be inserted in any franchise or grant offered or sold under the terms of this article which shall directly or…
- § 6004 An applicant for a franchise or privilege shall file with the governing or legislative body of the county or municipality an application, and thereupon that…
- § 6005 The advertisement shall state that bids will be received for the franchise and that it will be awarded to the highest bidder. The advertisement shall be…
- § 6006 The publication shall state the character of the franchise or privilege proposed to be granted, the term for which it is granted, and, if it is for a street…
- § 6007 The advertisement shall also contain a statement that the franchise will be struck off, sold, and awarded to the person, firm, or corporation making the…
- § 6008 Each sealed bid shall be accompanied with cash or a certified check payable to the treasurer of the county or municipality for the full amount of the bid, and…
- § 6009 The successful bidder shall deposit with the clerk of the county or municipality, within 24 hours of the acceptance of his bid, the remaining 90 percent of the…
- § 6010 (a) The advertisement may also contain a statement that the successful bidder for any franchise or privilege struck off, sold, and awarded under this article…
- § 6010.1 Notwithstanding any other provision of this article, any franchise heretofore or hereafter granted shall not be invalid or subject to revocation because the…
- § 6011 If the franchise is a renewal of a right already in existence, payment of the percentage of gross receipts shall begin at once upon the granting of the…
- § 6012 If the franchise granted is an extension of an existing street railroad system, the gross receipts shall be estimated to be one-half of the proportion of the…
- § 6013 Work to erect or lay telegraph or telephone wires, to construct street or interurban railroads, to lay gas pipes for the purpose of carrying gas for light,…
- § 6014 Work to construct street or interurban railroads shall be completed within not more than three years from the granting of the franchise, and if not so…
- § 6015 Work under any franchise other than for a street or interurban railroad shall be prosecuted diligently and in good faith so as to meet and fill the reasonable…
- § 6016 The Attorney General, upon the complaint of any county or municipality, or, in his discretion, upon the complaint of any taxpayer, shall sue for the forfeiture…
- § 6017 Any member of a governing or legislative body of any county, city and county, or city, who, by his vote, violates or attempts to violate any of the provisions…
ARTICLE 2. Transportation of Mail Carriers § 6041 · 1 section
- § 6041 In all cases where application is made to the governing or legislative body of a city or city and county for permission and authority to lay railroad tracks…
ARTICLE 4. Steam Heat Franchises §§ 6091–6092 · 2 sections
CHAPTER 2. Gas, Oil, Electric, and Water Franchises by Municipalities §§ 6201–6302 · 31 sections
ARTICLE 1. General Provisions §§ 6201–6205.1 · 8 sections
- § 6201 This chapter may be cited as the Franchise Act of 1937.
- § 6201.3 As used in this chapter, “industrial gas” means any substance which is in a gaseous state at ambient conditions of temperature and pressure used for…
- § 6201.5 As used in this chapter, municipality includes counties, but no county shall grant a franchise pursuant to this chapter in any incorporated area.
- § 6202 The legislative body of any municipality may grant a franchise to any person, firm, or corporation, whether operating under an existing franchise or not, to…
- § 6203 The legislative body may in such a franchise impose such other and additional terms and conditions not in conflict with this chapter, whether governmental or…
- § 6204 This chapter provides a procedure, alternative to the procedure provided in Article 1 of Chapter 1 of this division, for the granting of franchises by…
- § 6205 This chapter does not apply to any municipality having a freeholders’ charter adopted and ratified under the Constitution and having in such charter provisions…
- § 6205.1 (a) Notwithstanding Section 6205, all franchises, licenses, permits, or other privileges granted to a public utility by any city, county, or city and county…
ARTICLE 2. Manner of Granting §§ 6231–6235 · 6 sections
- § 6231 An applicant for a franchise shall file with the legislative body of the municipality in which the franchise is desired an application stating all of the…
- § 6231.5 (a) An applicant for a franchise to build and operate a pipeline system transmitting oil or products thereof shall file with the legislative body of the…
- § 6232 Upon receipt of the application the legislative body of the municipality may pass its resolution declaring its intention to grant the franchise applied for,…
- § 6233 The notice of the time and place of hearing objections shall state that the grantee of the franchise and its successors and assigns will, during the life of…
- § 6234 At any time not later than the hour set for the hearing of objections, any person interested may make written protest stating objections against the granting…
- § 6235 A franchise granted under this chapter does not become effective until the grantee files written acceptance thereof with the clerk of the granting…
ARTICLE 3. Scope of Franchise §§ 6261–6265 · 5 sections
- § 6261 Any franchise granted under this chapter with respect to a given utility service is in lieu of all other franchises, rights, or privileges owned by the…
- § 6262 No franchise granted under this chapter in any way impairs or affects the right of the granting municipality to acquire the property of the grantee by purchase…
- § 6263 No franchise granted under this chapter shall ever be given any value before any court or other public authority in any proceeding of any character in excess…
- § 6264 Every franchise granted pursuant to this chapter, except when a definite term therefor is specified in the ordinance granting it, is indeterminate, that is to…
- § 6265 Every gas franchise granted pursuant to this chapter confers upon the grantee the right to use, or to lay and use, gas pipes and appurtenances for the purpose…
ARTICLE 4. Duties and Liabilities of Grantee §§ 6291–6302 · 12 sections
- § 6291 If the grantee of any franchise granted under this chapter fails, neglects or refuses to comply with any of the provisions or conditions prescribed in this…
- § 6292 Any municipality may sue in its own name for the forfeiture of any franchise granted pursuant to this chapter, in the event of noncompliance with any of the…
- § 6293 The grantee shall pay to the municipality a sum of money sufficient to reimburse it for all publication expenses incurred by it in connection with the granting…
- § 6294 The grantee of a franchise under this chapter shall construct, install, and maintain all pipes, conduits, poles, wires, and appurtenances in accordance and in…
- § 6295 The grantee shall pay to the municipality on demand the cost of all repairs to public property made necessary by any of the operations of the grantee under the…
- § 6296 The grantee shall indemnify and hold harmless the municipality and its officers from all liability for damages proximately resulting from any operations under…
- § 6297 The grantee shall remove or relocate without expense to the municipality any facilities installed, used, and maintained under the franchise if and when made…
- § 6298 The grantee shall file with the legislative body of the municipality within thirty (30) days after any sale, transfer, assignment, or lease of the franchise or…
- § 6299 The grantee shall file with the clerk of the municipality, within three (3) months after the expiration of the calendar year, or fractional calendar year,…
- § 6300 The grantee shall pay to the municipality within fifteen (15) days after the time for filing its statement of gross receipts, in lawful money of the United…
- § 6301 (a) The grantee of a franchise under this chapter may be required to file a bond running to the municipality approved by the legislative body, in a penal sum…
- § 6302 The grantee of a franchise under this chapter shall be liable to the granting municipality for all damages proximately resulting from the failure of the…
CHAPTER 2.5. Municipal Public Lands Use Surcharge §§ 6350–6354.1 · 6 sections
ARTICLE 1. Intent § 6350 · 1 section
- § 6350 There is hereby created a surcharge to be applied to natural gas and electricity transported over utility and nonutility transmission or distribution systems,…
ARTICLE 2. Definitions § 6351 · 1 section
- § 6351 As used in this chapter: (a) “Municipality” includes counties. (b) “Energy transporter” means and includes every utility and nonutility owner or operator, or…
ARTICLE 3. Surcharge §§ 6352–6353 · 2 sections
- § 6352 (a) Notwithstanding any other provision of law, a transportation customer who receives transportation service on a natural gas or electric transmission or…
- § 6353 For purpose of calculating the surcharge required in Section 6352, the energy transporter shall do all of the following: (a) For each transportation customer,…
ARTICLE 4. Rights, Restrictions, and Compensation §§ 6354–6354.1 · 2 sections
- § 6354 (a) Surcharges calculated pursuant to Section 6353 shall be recovered from the transportation customer through the energy transporter’s normal billing process.…
- § 6354.1 As an alternative to the requirements of subdivision (h) of Section 6354, an energy transporter may elect to state on each customer’s bill, including both…
CHAPTER 3. Resettlement of Street, Suburban, and Interurban Railroad Franchises §§ 6451–6467 · 17 sections
- § 6451 The governing or legislative body of any city or city and county having on July 27, 1917, a freeholders’ charter adopted under Section 8 of Article XI of the…
- § 6452 The resettlement franchise shall be granted after such publication and upon such notice as the governing or legislative body shall by resolution determine, or…
- § 6453 After the final passage of a resettlement franchise, it shall be referred and submitted to the vote of the electors of the city or city and county at the…
- § 6454 No resettlement franchise shall go into effect until it has received the approval of a majority of the electors voting thereon and until it has been accepted…
- § 6455 Every resettlement franchise, permit, or privilege shall confer upon the grantee the right to occupy the roads, streets, highways, avenues, boulevards, lanes,…
- § 6456 The grantee shall pay to the city or city and county such a percentage of the net revenue annually collected from any and all sources under and by virtue of…
- § 6457 The legislative or governing body may in a resettlement franchise provide that any new franchise granted to the holder of the resettlement franchise shall be…
- § 6458 The legislative or governing body may in the resettlement franchise provide that in case of consolidation or annexation to the city or city and county of any…
- § 6459 Every resettlement franchise shall provide that the grantee shall surrender the franchises or rights, owned or claimed by the grantee, to occupy such portion…
- § 6460 The resettlement franchise, permit, or privilege shall be granted for an indeterminate period, subject always to the right of the city or city and county to…
- § 6461 The resettlement franchise shall be granted upon the express condition that the city or city and county may, at a valuation for the purpose of public…
- § 6462 The valuation for the purpose of public acquisition of property used and useful, or in the discretion of the city or city and county prospectively useful, and…
- § 6463 All expenses of the valuation by the Public Utilities Commission shall be paid by the city or city and county to the commission.
- § 6464 The resettlement franchise shall provide that the grantee, its successors or assigns, shall never claim before any court or other public authority in any…
- § 6465 The resettlement franchise may be amended from time to time by ordinance passed by the governing or legislative body of the city or city and county and…
- § 6466 The power of the State, in the exercise of its police power or otherwise through the instrumentality of the Public Utilities Commission or other agency, to…
- § 6467 Nothing in this chapter, nor any provision of any franchise granted under this chapter, shall prevent a city or city and county from acquiring at any time the…