No person shall use any space above or under the surface of
any street, sidewalk or other public ground in the city, or construct,
maintain or utilize any structure of any character thereupon or thereunder,
without first obtaining a franchise to do so in the manner and mode
provided by the charter and the provisions of this division.
(1970 Code, sec. 27-77; 1988 Code,
sec. 29-101)
Every applicant for a franchise required by this division shall
submit a plan, drawing or map showing the exact amount of space above
or under any sidewalk, street or other public ground which the applicant
desires to use and the manner and mode of construction he proposes
for the protection and safety of the surface, whether it be sidewalks,
streets, public grounds or adjacent and contiguous properties or structures.
The applicant shall set out in detail the kind and character of material
to be used for covering, supports, walls, floors and general construction
work in the interest of public safety.
(1970 Code, sec. 27-78; 1988 Code,
sec. 29-102)
No superstructure or excavation erected or made under the provisions
of this division shall extend beyond the limits or boundaries fixed
by the city council in granting the franchise, and never, under any
circumstances, shall such a superstructure or excavation be permitted
to extend so near the surface of any sidewalk, street or other public
ground as to impair or injure the safe, free and uninterrupted use
of the same by the general public.
(1970 Code, sec. 27-79; 1988 Code,
sec. 29-103)
The acceptance of any franchise by any applicant under the provisions
of this division shall expressly bind the applicant, his successors,
assigns, administrators and executors:
(1)
To pay rental as specified in the franchise;
(2)
To keep and maintain the premises and the surface of the sidewalk,
street or public ground underneath, over and adjoining the same in
good repair and in safe condition for safe and uninterrupted use by
the general public, during life of franchise or use of same; and
(3)
To indemnify the city against any and all claims and actions for
damage to any person or property growing out of or arising from the
use of such premises under the franchise, or any damage or injury
resulting to any person by reason of the impairment of the safe and
uninterrupted use by the general public of the whole of the surface
of such street, sidewalk or public ground.
(1970 Code, sec. 27-80; 1988 Code,
sec. 29-104)
No franchise granted under this division shall be transferable
or assignable, unless the assignee or transferee shall assent in writing
to all the provisions of this division and consent to such transfer
or assignment is given by the city council. A failure to file such
written assent by the assignee or transferee within thirty (30) days
from the date of the transfer or assignment of the property involved
shall, without any further action on the part of the council, revoke
the franchise and authorize the city manager to proceed to remove
any structure and close the space occupied or take any other steps
he may deem necessary for the purpose.
(1970 Code, sec. 27-81; 1988 Code,
sec. 29-105)
No franchise granted under this division shall preclude or prevent
the city from appropriating to its use, at any time, any portion or
all of the space covered by such franchise, when it may be needed
for corporate purposes, by giving thirty (30) days’ notice of
such intention, and by deducting from any rental received a sum commensurate
with the space required for corporate use.
(1970 Code, sec. 27-82; 1988 Code,
sec. 29-106)
