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ORDINANCE NO. 130
AN ORDINANCE OF THE TOWN OF LOS ALTOS HILLS PRESCRIBING
PROCEDURES FOR ISSUANCE OF FRANCHISES TO PUBLIC UTILITIES.
WHEREAS, the City Council is the designated agent of
the Legislature of the State of California in the matter of
granting certain franchises or privileges to any person or
corporation desiring to exercise or enjoy rights in, over,
on, along and through the pbulic highways of the Town of
Los Altos Hills; and
WHEREAS, the City Council desires to make uniform regu-
lations for all such activities intended to be carried on
by any person or corporation in the Town of Los Altos Hills;
NOW, THEREFORE, the City Council of the Town of Los
Altos Hills does ordain as follows:
SECTION 1. The grantee of any franchise granted by
this City 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 hypothecation
covering all and any part of the 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
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made to the City Engineer of the Town of LosAltos Hills.
SECTION 3. The grantee of any franchise shall be
responsible for and save the Town of Los Altos Hills 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 4. With regard to any franchise granted to any
entity maintaining pipelines within the Town of Los Altos
Hills, the first annual payment provided for in such fran-
chise shall be accompanied by two copies of a report, veri-
fied by the oath of a duly authorised representative of the
grantee, setting forthc the length of pipelines in the pub-
lic highways and the total amount due insofar as such informa-
tion is known to the grantee. In the event new pipelines have
been laid in public highways subsequent to the previous report,
there shall be included with the grantee's report a statement
showing the fact that a notice was presented to the City Engi-
neer as provided herein, the date the pipe was laid, the feet
specified in the notice and the feet laid. A complete compu-
taion 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 offices of the grantee reports or maps which reasonably
affect any franchise, and the grantee shall promptly supply
the same, provided that in the evnet the grantee refuses any
such request, the said grantee or the said City Treasurer
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shall have the right of appeal to the City Council of the
Town of Los Altos Hills and the decision as to the reason-
ableness of such request thus obtained shall be final and
binding upon the grantee and the Town of LosAltos Hills.
SECTION 5. All payments for the preceding calendar
year shall be due and payable annually on or before the 1st
day of April following such year.
I HEREBY CERTIFY that the foregoing ordinance was
introduced at a regular meeting of the City Council held
on October 16, 1967, and thereafter adopted at a regular
meeting held on November 6, 1967, by the following roll
call vote:
AYES: Councilmen Aiken, Benson, Davey, Mayor Henley
NOES: None
ABSENT: Councilman Fowle
ATTEST:
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APPR�OlV�ED�:�
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mayor
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