Loading...
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: 1 A .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 2 j 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 3 A 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