5364A
ORDINANCE NO. 5364
AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING CHAPTER 1.03 OF THE
ANAHEIM MUNICIPAL CODE PERTAINING
TO FRANCHISE APPLICATIONS
WHEREAS, the planning and construction of a safe,
reliable distribution systems, as well as the provision of
electric, water and potentially other services to customers, is
capital and labor intensive; and
WHEREAS, the City of Anaheim owns and operates an
electric and distribution system serving the entire City of
Anaheim, and has expended millions of dollars in planning for the
long-term needs of its customers; and
WHEREAS, providing electricity and water and
potentially other services that are reliable and economically
priced is critical to attracting and retaining commercial and
industrial customers, which customers heavily contribute to the
economic well-being of the community by providing jobs and tax
revenues needed to pay for essential municipal services; and
WHEREAS, the construction of duplicative distribution
and transmission facilities along public streets is visually
unattractive, and may present environmental and safety problems;
and
WHEREAS, the City of Anaheim is a charter city
authorized to adopt the following ordinance in the exercise of
its police powers.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM
DOES ORDAIN AS FOLLOWS:
SECTION 1.
That Chapter 1.03 of Title 1 of the Anaheim Municipal
Code be, and it is hereby, amended by adding thereto a new
Section 1.03.055 to read as follows:
111.03.055 REQUIRED FINDINGS
In determining whether to grant, conditionally grant,
or deny a franchise for a service currently provided in the City
by either the City or by private or other public entities, the
City Council shall consider and weigh, among other things, the
following factors:
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.010 the adequacy of existing service within the City.
.020 the likely effect of the proposed franchise on the
existing providers in the City in terms of
deterioration of customer base and ability to
adequately provide safe, reliable, economic
service to their remaining customers.
.030 the term and proposed service territory of the
requested franchise.
.040 the ability of the applicant to provide economic,
reliable service to its proposed customers.
.050 the ability of the applicant to provide service
under the requested franchise without duplicating
existing distribution or transmission lines or
other facilities within the City or otherwise
unduly interfering with existing facilities
located in or under public streets or otherwise
using the public streets or rights -of way.
.060 the effect of the proposed ordinance on the
financial obligations of the existing service
providers and the effect on such providers'
ability to obtain future financing (e.g. effect on
bond ratings);
.070 the short and long term benefits of the proposed
franchise to the customers to be served by the
applicant; and
.080 any other factors affecting the health, welfare,
or safety of the City and its residents.
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
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provisions applicable to any violaton 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 27th day of April ,
1993.
MA F TH CITY 0,5FANAHEIM
ATTEST:
CITY CLERK OF THt CITY --OF ANAHEIM
MES:dnl
714
032693
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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. 5364
was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 20th day of April, 1993,
and that the same was duly passed and adopted at a regular meeting of said City Council held on the 27th day of
April, 1993, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Feldhaus, Hunter, Pickier, Simpson, Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5364 on the 28th day
of April, 1993.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 28th
day of April, 1993.
Il -2
S;iVet
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. 5364 and was published once in the Anaheim Bulletin on the 6th day of May, 1993.
CITY CLERK OF THE CITY OF ANAHEIM