Bond. Life of franchise. Beginning and completion of work. Regulation of grants, leges. awarded under this article shall file a bond running to the city Such bond shall be filed with the council within five days SEC. 10. The maximum length of time for which a franchise or privilege to use the streets, highways or other places of the city may be granted to any person, firm or corporation shall be forty (40) years. Beginning and completion of work. SEC. 11. Work under any franchise granted in accordance with the terms of this article shall be commenced in good faith within no more than four months from the date of the final adoption of the ordinance granting such franchise, and, if not so commenced within said time, said franchise shall be forfeited. Work under any franchise so granted shall be completed within the time fixed for such completion in the ordinance granting such franchise, which time shall be not more than three years from the date of the final adoption of the ordinance granting said franchise, and if not so completed within said time said franchise shall be forfeited; provided, that if good cause be shown, the council shall by resolution extend the time for completion thereof not exceeding three months. Regulation of grants, franchises and privileges. SEC. 12. The grant of every franchise or privilege shall be franchises subject to the right of the city, whether reserved or not, to and privi- make all regulations which shall be necessary to secure in the most ample manner the safety, welfare and accommodation of the public, including among other things the right to pass and enforce ordinances to protect the public from danger or inconvenience in the operation of any work or business authorized by the grant of the franchise and the right to make and enforce all such regulations as shall be reasonably necessary to secure adequate, sufficient and proper services and accommodations for the people and insure their comfort and convenience. Rates and charges. charges. SEC. 13. The grant of every franchise or privilege shall be Rates and subject to the right of the city, whether reserved or not, to prescribe and regulate the rates, fares, rentals or charges made for the service rendered under such franchise. The grant of every franchise for a street, surburban or interurban railroad shall provide that all United States mail carriers and all officials, policemen and firemen of the city shall at all times, while in the actual discharge of their duties, be allowed to ride on the cars of such railroad within the boundaries of the city, without paying therefor and with all the rights of other passengers. Right of the city to assume ownership. the city to assume SEC. 14. Every ordinance granting any franchise shall pro- Right to vide that at the expiration of the period for which the franchise was granted, or at any time before as stated in the ordi- ownership. nance the city at its election and upon the payment of a fair valuation therefor to be made in the manner provided in the ordinance making the grant, may purchase and take over to itself the property and plant of the grantee in its entirety, but in no case shall the value of the franchise of the grantee be considered or taken into account in fixing such valuation. Or it may be provided in the ordinance granting any franchise that the property and plant of the grantee shall, at the expiration of the period for which the franchise was granted, become the property of the city without any compensation to the grantee. No conveyance necessary for city's ownership. ance neces ownership. SEC. 15. Every ordinance granting any franchise shall No conveyfurther provide that upon the payment by the city of a fair sary for valuation in the manner provided in the ordinance, the plant city's and property of the grantee shall become the property of the city by virtue of the grant in payment thereunder, and without the execution of any instrument or conveyance, and in case it is provided in the ordinance granting any franchise that the property and plant of the grantee shall, at the expiration of the period for which it was granted become the property of the city without any compensation to the grantee, the property and plant of the grantee shall then become the property of the city by virtue of the grant and without the execution of any instrument or conveyance. Lease or assignment of franchise. assign franchise. SEC. 16. Any franchise granted by the city shall not be Lease or leased, assigned or otherwise alienated without the express ment of consent of the city, and no dealings with a lessee or assignee on the part of the city to require the performance of any act or payment of any compensation by the lessee or assignee shall be deemed to operate as such consent; provided, that nothing herein shall be construed to prevent the grantees of such fran Street sprinkling, cleaning and pav ing. Examina tion of books. audit. chise from including it in a mortgage or trust deed executed for the purpose of obtaining money for corporate objects. Street sprinkling, cleaning and paving. SEC. 17. Every grant of any franchise or privilege in, over, under or along any of the streets, highways or public places in the city for railway purposes, shall be subject to the conditions that the person, firm or corporation exercising or enjoying the same shall sprinkle, clean, keep in repair, and pave and repave so much of said street, highway or other public place as may be occupied by said railway, as lies between the rails of each railway track, and between the lines of double track, and for a space of two feet outside of said tracks. Examination of company's books, audit. SEC. 18. The city of Petaluma by its auditor, deputy company's auditor, or accountants, authorized by the auditor, or by the council, shall have the right at all reasonable times to examine all the books, vouchers and records of any person, firm or corporation exercising or enjoying any franchise or privilege granted by the city, for the purpose of verifying any of the statements of gross receipts provided for, and for any other purpose whatsoever connected with the duties or privileges of the city, or of such person, firm or corporation, arising from this charter, or from the ordinance granting the franchise, and may audit the same at the end of each year. Annual reports of company. Payment of gross receipts. Annual reports of company. SEC. 19. Every person, firm or corporation operating any business under franchise granted under this article shall file annually with the city auditor on such date as shall be fixed by the council a report for the preceding year. Such report shall be in writing, verified by the affidavit of such person or persons, or officer of the corporation, as the council shall direct, and shall contain a statement, in such form and detail as shall from time to time be prescribed by the council, of all the gross receipts arising from all the business done by said person, firm or corporation, within the city of Petaluma for the year immediately preceding such report. Such report shall contain such further statements as may be required by the council concerning the character and amount of business done, and the amount of receipts and expenses connected therewith, and also the amount expended for new construction, repairs and betterments during such year. Payment of gross receipts. SEC. 20. The stipulated percentage of gross receipts shall be paid annually at the time of filing the annual report. Failure to pay such percentage shall work a forfeiture of the franchise. The provisions as to the payment of gross receipts shall apply to every person, firm or corporation using or operating the works constructed under such franchise. Forfeiture for non-compliance. SEC. 21. Every ordinance granting any franchise or privi for non lege shall provide for the termination and forfeiture thereof Forfeiture for any breach or failure to comply with any of the terms, compli limitations or conditions thereof, and in all such cases the ance. council shall have power to declare the termination and forfeiture of any such franchise or privilege the same as though in each instance such power was expressly reserved. Franchise not in use forfeited. forfeited. SEC. 22. All franchises and privileges heretofore granted Franchise by the city which are not in actual use or enjoyment, or which not in use the grantees thereof have not in good faith commenced to exercise, shall be declared forfeited and invalid, unless such grantees or their assigns shall, within six months after this charter takes effect, in good faith commence the exercise and enjoyment of such privilege or franchise. Manner of granting and renewing franchises. and re franchises. SEC. 23. No exclusive franchise shall ever be granted, and Manner of no franchise shall be renewed prior to one year before granting its expiration. No franchise shall be granted, renewed or newing extended except by ordinance, and no such grant or franchise, or renewal or extension thereof shall be of any validity until the same shall have been approved by the majority of the electors voting thereon at a general or special election. Said election shall be held not less than fifteen and no more than thirty days from and after the final passage of such ordinance by the council granting such franchise, or a renewal or extension thereof. It shall be the duty of the council to provide for said elections. Said elections shall be held in all respects as are other elections under this charter, relating to the submission of ordinances to a vote of the electors. The ballots used at such elections shall read as follows: For the franchise, Yes. For the franchise, No. Stating the nature of the franchise ordinance in terms sufficient to identify it. If a majority of the qualified electors voting on said proposed franchise ordinance shall vote in favor thereof, such ordinance shall become a valid and binding ordinance of the city, and said franchise shall thereupon become valid and effective. ARTICLE 14. RECALL OF ELECTIVE OFFICERS. Applies to all elective officers. officers. SECTION 1. Every incumbent of an elective office, whether Applies to elected by popular vote or appointed to fill a vacancy, is subject all elective to recall by the voters of the city. The procedure to effect such removal from office shall be as follows: Petition for recall. for recall. SEC. 2. A petition signed by qualified electors equal in Petition number to thirty per centum of the entire vote cast for mayor at the last preceding general municipal election at which a The petition. Election under recall petition. Grounds of recall; officer's justification. Candidates; election. Incumbent removed. No recall petition for the first three months. Incapacity official. mayor was elected, demanding an election of a successor of the officer sought to be removed, shall be addressed to the council and presented to the city clerk. The petition may request such election to be held at a special municipal election or at the next general municipal election. The petition must contain a statement of the reasons of the demand. The petition. SEC. 3. The forms and conditions of the petition and the mode of verification and certification and filing shall substantially follow the general laws of the State of California, with such modification as the nature of the case requires. Election under recall petition. SEC. 4. If the officer sought to be removed shall not resign within five days after the petition is filed by the city clerk, and if the petition requests a special election, the council shall cause a special election to be held within forty-five days to determine whether the people will recall said officer, or, if a general municipal election is to occur within sixty days, the council may in its discretion postpone the holding of such election to such general municipal election. Grounds of recall. Officer's justification. SEC. 5. In the published call for the election there shall be printed in not more than two hundred words the reasons for demanding the recall of the officer as set in the recall petition, and in not more than two hundred words the officer may justify his course in office; and both the reasons for recall and answer of the officer as printed and mentioned in this section, shall be mailed together with a sample ballot to each qualified voter. Candidates. Election. SEC. 6. The officer sought to be removed shall be deemed a candidate and, unless he resigns, his name shall be printed on the ballot. The nomination of other candidates and the election shall be in accordance with the provisions of article 4, section 1. Incumbent removed. SEC. 7. The officer sought to be removed shall, if he do not resign, continue to perform the duties of his office until the election and, if he fail of election, he shall be deemed removed from office. No recall petition for the first three months. SEC. 8. No recall petition shall be filed against any officer until he has actually held his office for at least three months. Incapacity of recalled official. SEC. 9. No person who has been recalled from an elective of recalled office, or who has resigned from such office while recall proceedings were pending against him, shall be appointed to any office within one year after such recall or resignation. |