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View recently adopted ordinances as of January 13, 2009 NOT YET CODIFIED OR INTEGRATED IN THIS SITE. (pdf file)

Ordinances enacted through January 13, 2009

Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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CHAPTER I.
IN GENERAL

Sec. B10-1. Purpose.

The Board of Supervisors 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 any rights in, over, on, along and through the public highways of the County.

The Board of Supervisors desires to make uniform regulations for all such activities intended to be carried on by any person or corporation in the County.

(Code 1954, § 9.1.1-1)

Sec. B10-2. When franchise required.

Any person or corporation, except those granted special privileges by law of the State of California, desiring to make use of any County street or County highway within the County for the purpose of erecting or installing therein or thereon any facility shall be required to obtain from the said County a franchise authorizing such use.

(Code 1954, § 9.1.1-2)

Sec. B10-3. Application required.

Each such person or corporation desiring a franchise shall make application to the Board of Supervisors of said County for the privilege or franchise he desires to exercise or enjoy.

(Code 1954, § 9.1.1-3)

Sec. B10-4. Limitation of privilege.

Every franchise or privilege whatsoever hereafter proposed to be granted by the Board of Supervisors of the County shall be granted subject to the laws regulating the activity of the applicant therefor and the laws governing the granting of franchises or privileges by the said Board of Supervisors.

(Code 1954, § 9.1.1-4)

Sec. B10-5. Extent of use of property under franchise.

The grantee of any such franchise or privilege shall have the right as against all persons to make use of the County streets and County highways as provided in the franchise or privilege granted by the said Board of Supervisors to the full extent of the lawful authority of the County to permit such use.

(Code 1954, § 9.1.1-5)

Sec. B10-6. Requirements for transfer.

The grantee of any franchise granted by this Board 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 Board of Supervisors thereto, except that no provision of any franchise shall require any such consent and no such consent shall be required for any transfer by the grantee in trust or by way of mortgage or hypothecation 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.

(Code 1954, § 9.1.1-6)

Sec. B10-7. Notification to Director of the Transportation Agency.

Before any use, operation or installation under any franchise shall be permitted, notification shall be made by the holder of the franchise to the Director of the Transportation Agency.

(Ord. No. NS-3.16, § 7, 10-8-74)

Sec. B10-8. Responsibility for damages.

The grantee of any franchise shall be responsible for and save the County 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.

(Code 1954, § 9.1.1-8)

Sec. B10-9. Depth of new pipeline.

Every new pipeline laid or maintained under any franchise shall be laid not less than two feet under the surface of the highway unless the Director of the Transportation Agency shall otherwise permit, subject to the right of appeal.

(Code 1954, § 9.1.1-9; Ord. No. NS-300.36, § 7, 12-1-58; Ord. No. NS-3.16, § 8, 10-8-74)

Sec. B10-10. Annual payment and report required.

The annual payment provided for in any franchise shall be made by submitting two copies of a report, verified by the oath of a duly authorized representative of the grantee, setting forth the length of pipelines in the public highways and the total amount due, insofar as such information is known to the grantee. A complete computation of the license fee shall also be submitted with this report.

(Code 1954, § 9.1.1-10; Ord. No. NS-902, § 1, 12-23-63)

Sec. B10-11. Right of inspection by Controller.

The County Controller 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 officer 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 event the grantee refuses any such request, the said grantee or the said County Controller shall have the right of appeal to the Board of Supervisors and the decision as to the reasonableness of such request thus obtained shall be final and binding upon the grantee and the County.

(Code 1954, § 9.1.1-11)

Sec. B10-12. Time of payment.

All payments for the preceding calendar year shall be due and payable annually on the 15th day of April following such year. Should any annual payment not be made within 30 days after the date said payment is due, the grantee shall further pay interest on said payment at the rate of one percent per month from the date said payment was due.

(Code 1954, § 9.1.1-12; Ord. No. NS-902, § 2, 12-23-63)

Secs. B10-13--B10-22. Reserved.

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