Chapter 12.20
FRANCHISES

Sections:

12.20.010    Required when.

12.20.020    Grantee rights.

12.20.030    Nontransferable—Exception.

12.20.040    Notice of use required.

12.20.050    Liability of grantee.

12.20.060    Annual report and payment.

12.20.070    Inspection by city.

12.20.080    Payments due when.

12.20.010 Required when.

Any person or corporation, except those granted special privileges by law of the state, desiring to make use of any city street or city highway within the town for the purpose of erecting or installing thereby or thereon any facility shall be required to obtain a franchise authorizing such use unless the same has been previously obtained. (Ord. 250 § 1, 1968)

12.20.020 Grantee rights.

Every franchise or privilege whatsoever hereafter proposed to be granted by the city council shall be granted subject to the laws regulating the activity of the applicant therefor and the laws granting the franchises or privileges by the city council, and the grantee of any such franchise or privilege shall have the right as against all persons to make use of the city streets and city highways as provided in the franchise or privilege granted by the city council to the full extent of the lawful authority of the town to permit such use. (Ord. 280 § 2, 1968)

12.20.030 Nontransferable—Exception.

The grantee of any franchise granted by the city council shall not sell, transfer or assign any franchise or any of the rights or privileges granted thereby except by a duly executed instrument in writing; provided, however, that no such sale, transfer or assignment may be made without the consent of the city council thereto, except that no provision of any franchise shall require any such consent and no consent shall be required for any transfer by the grantee in trust or by way of mortgage or hypothecation covering all and any part of the grantee’s property, which transfer, mortgage or hypothecation shall be for the purpose of securing an indebtedness of grantee or for the purpose of renewing, extending, refunding, retiring, paying or cancelling in whole or in part any such indebtedness at any time or from time to time. (Ord. 281 § 1, 1968)

12.20.040 Notice of use required.

Before any use, operation or installation under any franchise shall be permitted, notification shall be made to the city manager of the town. (Ord. 281 § 2, 1968)

12.20.050 Liability of grantee.

The grantee of any franchise shall be responsible for and save the town free and harmless from all damages or liability arising from the use, operation or maintenance of the facilities erected, constructed or maintained thereunder. (Ord. 281 § 3, 1968)

12.20.060 Annual report and payment.

The first annual payment provided for in any franchise shall be made by submitting two copies of a report, verified by the oath of a duly authorized representative of the grantee, setting forth the length of pipelines in the public highways and the total amount due insofar as such information is known to the grantee. In the event new pipelines have been laid in public highways subsequent to the previous report, there shall be included with the grantee’s report a statement showing the fact that a notice was presented to the city manager as provided in this section, the date the pipe was laid, the feet specified in the notice and the feet laid. A complete computation of the license fee shall also be submitted with the report. (Ord. 281 § 4 (part), 1968)

12.20.070 Inspection by city.

The city manager or his deputies or agents shall have the right to inspect the maps, records and physical properties of the grantee necessary to determine the number, location, extent and the period of maintenance of such pipelines. Such officers may, upon reasonable notice being given, inspect at the offices of the grantee reports or maps which reasonably affect any franchise, and the grantee shall promptly supply the same, provided that in the event the grantee refuses any such request, the grantee or the city manager shall have the right of appeal to the city council of the town, and the decision as to the reasonableness of such request thus obtained shall be final and binding upon the grantee and the town. (Ord. 281 § 4 (part), 1968)

12.20.080 Payments due when.

All payments for the preceding calendar year shall be due and payable annually on or before the first day of April following such year. (Ord. 281 § 5, 1968)