HomeMy WebLinkAboutOrdinance No. 00-O8ORDINANCE NO. 00-08
AN ORDINANCE OF THE CITY OF AZUSA, CALIFORNIA
TO ADD ARTICLE XX TO CHAPTER 18 OF THE AZUSA
MUNICIPAL CODE TO REGULATE PUBLIC RIGHTS-OF-
WAY THROUGH A UTILITY FRANCHISE
WHEREAS, the City of Azusa ("City") has jurisdiction over the public rights -of -
ways within its municipal boundaries;
WHEREAS, under applicable state and federal law, the City is empowered to control
access to and use of its public rights-of-way, and to obtain reasonable and fair compensation for the
use thereof, except where preempted by state law; and
WHEREAS, under the Broughton Act (Public Utilities Code section 6001 et
the Franchise Act of 1437 (Public Utilities Code section 6201 et se .), and Chapter 2.5 of the Public
Utilities Code (commencing with section 6350 et sec ..) the City Council has the discretion to adopt
a utility franchise ordinance.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES
ORDAIN AS FOLLOWS:
SECTION 1. A new Article XX is hereby added to Chapter 18 of the Azusa
Municipal Code as set forth in Exhibit "A" attached hereto and incorporated herein by this reference.
SECTION 2. Based on the entire record before the City Council and all written and
oral evidence presented to the City Council, the City Council finds this Ordinance promotes the
public safety and welfare of the community because it provides for the proper management by the
City of the public rights-of-way to maximize the efficiency and minimize the costs to the taxpayers,
it protects against foreclosure of future economic expansion because of premature exhaustion of the
public rights-of-way, and it minimizes the inconvenience to and negative effects on the public from
nontraditional uses of the public rights-of-way.
SECTION 3, If any provision or clause of this Ordinance or the application thereof
to any persons or circumstances is held to be unconstitutional or otherwise invalid by any court of
competent jurisdiction, such invalidity shall not affect other provisions or clauses or applications of
this Ordinance which can be implemented without the invalid provision or application; and to this
end, the provisions of this Ordinance declared to be severable.
SECTION 4. This Ordinance shall be in full force and effect thirty (30) days after
its passage.
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SECTION 5. A summary of this Ordinance shall be published in the manner
required by law.
PASSED, APPROVED AND ADOPTE is5 y of June 2000.
Cristina Cruz -Madrid, Mayor
A
Clerk
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
1, Adolph Solis, City Clerk of the City of Azusa, do hereby certify that the foregoing
Ordinance No. 00-08 was duly introduced and placed upon its first reading at a regular
meeting of the City Council on the 15th day of May , 2000, and that thereafter,
said Ordinance was duly adopted and passed at a regular meeting of the City Council on the5th
day of June , 2000, by the following vote, to wit:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: Hardison, Stanford, Rocha, Beebe, Madrid
COUNCILMEMBERS: None
COUNCILMEMBERS: None
U0 Y91WO7 "GIV110100"
II�•� i -" City Attorney
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0 0
EXHIBIT "A"
Article XX
UTILITY FRANCHISES
Sections:
Sec. 18-1235
Purpose.
Sec. 18-1236
Definitions.
Sec. I8-1237
Franchise required.
Sec.18-1238
Procedure.
Sec. 18-1239
Surcharge for natural gas and electricity transporters.
Sec. 18-1235 Purpose.
A. The public rights-of-way are unique public resources held in trust by the city for the
benefit of the public. These physically limited resources require proper management by the city to
maximize the efficiency and minimize the costs to the taxpayers, to protect against foreclosure of
future economic expansion because of premature exhaustion of the public rights-of-way, and to
minimize the inconvenience to and negative effects on the public from nontraditional uses of the
public rights-of-way.
B. Under applicable state and federal law, the city is empowered to control access to and
use of its public rights-of-way, and to obtain reasonable and fair compensation for the use thereof.
C. The purpose of this article is to serve and further the purposes identified herein for
the protection of the public health, safety, and welfare.
Sec. 18-1236 Definitions.
For the purposes of carrying out the intent of this article, the following words, phrases, and
terms shall have the meanings set forth herein unless a different meaning is clearly intended by the
use and context of the word, phrase, or term.
A. "Facility" means any fiber optic, coaxial, or copper cable, telephone,
telecommunications, electric, or other wire or line, oil, gas, or other pipeline, duct, conduit, cabinet,
tunnel, vault, equipment, drain, manhole, splice box, surface location marker, pole, structure, utility,
or other appurtenance, structure, property, or tangible thing owned, leased, operated, or licensed by
a person and located or proposed to be located in, upon, above, beneath, or across any public right-
of-way.
B. "Person" means any person, business, firm, corporation, or other legal entity who
places, constructs, owns controls, operates, manages, or uses any facility in, upon, above, beneath,
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or across any public right-of-way.
C. "Public right-of-way"means the area in upon, above, beneath, or across any public
street, road, lane, court, alley, boulevard, sidewalk, pathway, park, open space, landscape lot,
drainage facility, easement or other public place or property within the city, as it now or hereafter
exists.
Sec. 18-1237 Franchise required.
Unless exempted by state or federal law, no person shall place, construct, own, control,
operate, manage, or use any facility in, upon, above, beneath, or across any public right-of-way for
the purpose of transmitting or distributing any telecommunications, electricity, gas, oil, water, or
wastewater service without first obtaining a nonexclusive utility franchise from the city.
Sec.18-1238 Procedure.
A utility franchise shall be granted at the discretion of the city council by adoption of an
ordinance in accordance with the Broughton Act (Public Utilities Code section 6001 et seg) or the
Franchise Act of 1937 (Public Utilities Code section 6201 et sec .). The grant of a utility franchise
shall not diminish, abrogate, or otherwise affect a grantee's obligation to comply with any other
applicable provision of this code, or state or federal law, including, but not limited to, the following:
A. Any permit or authorization required for the privilege of transacting business within
the city as required by the code or ordinances of the city.
B. Any permit, agreement, or authorization required in connection with activities in,
upon, above, beneath, or across the public rights-of-way, including, but not limited to, street work,
street excavation, use, removal and relocation of property within a street, or other street work.
C. Any permits or agreements for occupying any other property of the city to which
access is not specifically granted by the right-of-way agreement including, without limitation,
permits and licenses for placing devices on or in poles, conduits, or other structures or facilities
owned by the city or other governmental entity.
Sec. 18-1239 Surcharge for transportation of natural gas and electricity.
Any person granted a utility franchise by the city is prohibited from transporting natural gas
or electricity for any other person using any facility that is subject to the utility franchise without
assessing, collecting, and remitting a surcharge to the city, pursuant to Chapter 2.5 of the Public
Utilities Code (commencing with section 6350 et sec.), to replace, but not increase, the fees that
would have otherwise been collected by the city under the applicable utility franchise. This section
shall not apply to any utility franchisee transporting natural gas pursuant to a "gas transportation
only" agreement in effect prior to January 1, 1986.
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