Chapter 5.32
FRANCHISES
Sections:
5.32.010 Franchise required for street or highway use.
5.32.020 Laws regulating grant of franchises.
5.32.030 Transfer or assignment conditions.
5.32.040 Use or installation—Notice to City.
5.32.050 Liability limitations.
5.32.060 First payment and fee computation.
5.32.070 Annual franchise payments.
5.32.010 Franchise required for street or highway use.
Any person or corporation, except those granted special privileges by law of the State, desiring to make use of any street or City highway within the City 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. 640 § 1, 1967)
5.32.020 Laws regulating grant of franchises.
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 franchise 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 City to permit such use. (Ord. 640 § 2, 1967)
5.32.030 Transfer or assignment conditions.
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 canceling in whole or in part any such indebtedness at any time or from time to time. (Ord. 641 § 1, 1967)
5.32.040 Use or installation—Notice to City.
Before any use, operation or installation under any franchise shall be permitted, notification shall be made to the City Engineer. (Ord. 641 § 2, 1967)
5.32.050 Liability limitations.
The grantee of any franchise shall be responsible for and save the City free and harmless from all damages or liability arising from the use, operation or possession of the franchise, and from the use, operation or maintenance of the facilities erected, constructed or maintained thereunder. (Ord. 641 § 3, 1967)
5.32.060 First payment and fee computation.
A. 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.
B. 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 Engineer as provided herein, 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 this report.
C. The City Finance Director 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 Finance Director shall have the right of appeal to the City Council, and the decision as to the reasonableness of such request thus obtained shall be final and binding upon the grantee and the City. (Ord. 641 § 4, 1967)
5.32.070 Annual franchise payments.
All payments for the preceding calendar year shall be due and payable annually on the first day of February following such year. (Ord. 641 § 5, 1967)