5213it
ORDINANCE NO. 5213
AN ORDINANCE OF THE CITY OF ANAHEIM
ESTABLISHING PROCEDURES FOR THE
PROCESSING OF APPLICATIONS FOR
FRANCHISES INCLUDING TRANSFERS
THEREOF.
WHEREAS, Section 1400 of the Charter of the City of
Anaheim provides for the consideration and awarding of franchises;
and
WHEREAS, such franchises cannot be sold, transferred,
leased, assigned, or disposed of, in whole or in part, without the
prior consent of the City Council, and then only upon such
conditions as may therein be set forth; and
WHEREAS, no specific procedures have been established for
the processing of applications for franchises, including transfers
and transfers constituting a change in control of the franchise;
and
Whereas, the City Council desires to adopt a procedure
for processing applications for franchises, including transfers
and transfers constituting a change in control of the franchise.
FOLLOWS:
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS
SECTION 1.
That Title 1 of the Anaheim Municipal Code be, and it is
hereby, amended by adding thereto a new Chapter 1.03 pertaining to
Franchise Applications to read as follows:
"Chapter 1.03
FRANCHISE APPLICATIONS
1.03.010 FRANCHISE APPLICATIONS
Applications for franchises and transfers of franchises,
including applications for approval of changes in control of
franchises, shall be submitted in writing to the City Clerk.
1.03.020 REFERRAL TO CITY MANAGER
Upon receipt of such an application, the City Clerk shall
refer said application to the City Manager. The City Manager, or
the designee thereof, shall perform the following tasks in relation
to said application:
a) The City Manager shall make a determination of the
projected cost to the City of processing said
application including, but not limited to, all
engineering, legal, printing, publication, and staff
costs which will be incurred by the City in
processing said application.
b) The City Manager shall review said application and
determine what additional information, if any, is
required by the City to process, review and act upon
said application.
C) The City Manager shall make a written request to the
applicant for such additional information as the
City Manager has determined to be necessary pursuant
to subsection (b) above. (The "Request for
Information" or RFI).
d) The City Manager shall, in the exercise of his
discretion, either refer said application, the
completed response to the RFI, and any other
information which the City Manager determines to be
necessary to the City staff or to an outside
consultant for the purposes of evaluation and
preparation of a report and resolution of intention
to grant a franchise to be presented to the City
Council concerning the application.
1.03.030 PROCESSING COSTS
The City Manager shall provide to the applicant a written
statement of the estimated costs of processing the application as
determined pursuant to paragraph 2(b) above. The applicant, shall
within ten (10) working days tender to the City Clerk cash, a
certified check, or other good funds in said amount to be utilized
by the City to defray the City's costs in processing said
application. Said amount shall constitute a nonrefundable deposit
by the applicant to be retained by the City to offset the City's
actual processing costs irrespective of the ultimate approval,
conditional approval, withdrawal, or denial of the application by
the City.
1.03.040 INFORMATION REQUIRED
The applicant shall diligently respond to the RFI and
provide to the City Manager such additional information as the City
Manager shall request in such format as designated by the City
Manager.
1.03.050 PRESENTATION TO CITY COUNCIL
Upon receipt of the application, the deposit, the
completed RFI, any additional information requested by the City
Manager, a report prepared by the City staff or outside consultant,
the application and the proposed resolution of intention to grant
the franchise shall be placed on the City Council agenda for
consideration by the City Council. The failure of the applicant to
pay the processing fee, complete the RFI, or to provide additional
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information requested by the City
the application. The City Manager
on the City Council agenda prior to
all of the items described in this
1.03.060 APPROVAL OF FRANCHISE
Manager shall stay processing of
shall not place the application
the applicant's submittal of
resolution.
The City Council may, upon reviewing all relevant
evidence and determining that the applicant (and the current holder
of the franchise, if applicable) is in strict compliance with the
Charter of the City and all applicable laws, approve, disapprove,
or conditionally approve the application and adopt the resolution
of intention to grant said franchise and establish the date for the
hearing on the proposed franchise ordinance."
SECTION 2.
SEVERABILITY
The City Council of the City of Anaheim hereby declares
that should any section, paragraph, sentence or word of this
ordinance of the Code, hereby adopted, be declared for any reason
to be invalid, it is the intent of the Council that it would have
passed all other portions of this ordinance independent of the
elimination herefrom of any such portion as may be declared
invalid.
SECTION 3.
SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal of
any other ordinance of this City shall in any manner affect the
prosecution for violations of ordinances, which violations were
committed prior to the effective date hereof, nor be construed as a
waiver of any license or penalty or the penal prgvisions applicable
to any violation thereof. The provisions of this ordinance,
insofar as they are substantially the same as ordinance provisions
previously adopted by the City relating to the same subject matter,
shall be construed as restatements and continuations, and not as
new enactments.
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 16th day of April 1991.
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
MES:dnl
O32FRANC.116
MAYOR OF THE TY O ANAHEIM
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4
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Ordinance No. 5213 was introduced at a regular meeting of the
City Council of the City of Anaheim, held on the 9th day of April, 1991, and
that the same was duly passed and adopted at a regular meeting of said City
Council held on the 16th day of April, 1991, by the following vote of the
members thereof:
AYES: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Ordinance No. 5213 on the 17th day of April, 1991.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 17th day of April, 1991.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Ordinance No. 5213 and was published once in
the Anaheim Bulletin on the 26th day of April, 1991.
CITY CLERK OF THE CITY OF ANAHEIM