CHAPTER 2. Gas, Oil, Electric, and Water Franchises by Municipalities [6201. - 6302.]

Heading of Chapter 2 amended by Stats. 1965, Ch. 626.

§§ 6201–6302 · 31 sections

1. 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…
2. 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…
3. 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…
4. 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…