§ 1004-2.402. Term.

(a)

Initial Term. The initial term of a franchise is ten years from the effective date of the resolution granting the franchise, unless the resolution granting the franchise provides otherwise (the "initial term"), subject to renewal and termination as provided under this section. The franchise terminates at the end of its term unless earlier terminated.

(b)

Renewal Terms. At the conclusion of the initial term and upon application by the grantee, the term of the franchise may be renewed by the board of supervisors for an additional ten-year period, and thereafter for a second, additional ten-year period as long as the grantee has fully complied with all of the terms of the franchise, including but not limited to payment of all franchise fees and all applicable laws. An application for renewal shall be filed with the board of supervisors at least six months before the expiration date of the current term. A renewal application is subject to the approval of the board of supervisors. In approving the application, the board of supervisors may modify the franchise based upon, but not limited to, compliance with a new franchise ordinance and all amendments to this ordinance, the experience of the county and other cities and governing agencies in administering the franchise during the preceding term, changes in the Consumer Price Index, changes in relevant technology, changes in applicable law, including but not limited to amendments or modifications of the Public Utilities Code, changes in relevant environmental practices and requirements, utility industry regulatory developments and business practices, and other factors the board of supervisors considers relevant at the time the board of supervisors considers the application for renewal. In order for a renewal to be effective, the grantee shall accept the renewal pursuant to Section 1004-2.414(a). Nothing in this ordinance, however, shall obligate the county to renew a franchise.

(c)

Termination. During the term of the franchise, the franchise shall remain in full force and effect unless the grantee provides six months' advance notice to the road commissioner that: (1) the grantee voluntarily surrenders or abandons the franchise, in compliance with the removal and abandonment provision in Section 1004-2.804; (2) the state of California or a municipal or public corporation purchases by voluntary agreement or condemns and takes under the power of eminent domain, all property actually used and useful in the exercise of the franchise and situated within the territorial limits of the state, municipal or public corporation purchasing or condemning the property, or (3) the franchise is forfeited for noncompliance with its terms by the grantee. After any termination, the following provisions of this chapter will continue to apply to the grantee: 1004-2.412 (damage to property); 1004-2.416 (insurance requirements); 1004-2.418 (liability, indemnity); 1004-2.420 (release of contaminants); 1004-2.802 (relocating); and 1004-2.804 (removal or abandonment of facilities).

(d)

Public Utilities. If a franchise has been granted to a grantee that is not a public utility, and that grantee subsequently qualifies before the Public Utilities Commission of the state of California as a common carrier, the grantee shall then have no right after the qualification date to continue to operate under its franchise, except with the consent of the board of supervisors, granted upon additional terms and conditions as the board of supervisors may deem proper. Any additional terms and conditions shall be expressed by resolution.

(Ord. No. 2013-19, § II, 8-13-13)