The city is authorized by law to grant certain franchises or
privileges to persons desiring to exercise or enjoy any rights in,
over, on, along and through the public rights of way of the city.
The city council desires to make uniform regulations for such activities
intended to be carried on by any person in the city.
(Prior code § 21200; Ord. 166 §1, 1997)
Any person, except a person granted special privileges by law
of the state, desiring to make use of any city street or highway for
the purpose of erecting, installing or traversing therein or thereon
any facility shall be required to obtain from the city a franchise
authorizing such use.
(Prior code § 21201; Ord. 166 § 1, 1997)
Each person desiring a franchise from the city shall make application
to the city council for the desired privilege or franchise. The applicant
shall pay the actual and reasonable costs, as determined by the city,
of processing the franchise application and shall deposit a sum, in
an amount established by resolution of the city council, with the
application which amount shall be held by the city to recover its
actual and reasonable costs of processing the franchise application.
(Prior code § 21202; Ord. 166 § 1, 1997)
Any franchise or privilege granted by the city council shall
be granted subject to the laws regulating the subject activity and
the laws governing the granting of franchises or privileges by the
city council. All franchises shall be granted in the form of a written
agreement setting forth the terms and conditions of the grant by the
city.
(Prior code § 21203; Ord. 166 § 1, 1997)
The grantee of any franchise or privilege granted pursuant to
this chapter shall have the right to make use of city streets and
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.
(Prior code § 21204; Ord. 166 § 1, 1997)
The grantee of any franchise granted by the city council under
this chapter 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, that unless otherwise permitted
in the franchise agreement, no such sale, transfer or assignment may
be made without the written consent of the city council thereto, unless
otherwise permitted by law.
(Prior code § 21205; Ord. 166 § 1, 1997)
The grantee of any franchise under this chapter shall indemnify
and hold 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.
(Prior code § 21206; Ord. 166 § 1, 1997)
Every new pipeline laid or maintained under any franchise granted
pursuant to this chapter shall be laid not less than three feet under
the surface of the highway, unless the public works director shall
otherwise permit.
(Prior code § 21207; Ord. 166 § 1, 1997)
If the franchise agreement provides for payments of a franchise
fee to the city by the grantee, the first such payment shall be accompanied
by a report, verified by a duly authorized representative of the grantee,
showing the length of pipelines or other facilities install in, on
or above the public highways and a complete computation of the franchise
fee. In the event additional pipelines or facilities are thereafter
installed, supplemental reports shall be furnished describing the
same and any adjustments to the franchise fee by reason thereof.
(Prior code § 21208; Ord. 166 § 1, 1997)
The public works director shall have the right to inspect maps,
records and physical properties of the grantee necessary to determine
the number, location, extent and the period of maintenance of any
pipelines and other facilities installed pursuant to the franchise.
The public works director 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.
(Prior code § 21209; Ord. 166 § 1, 1997)
Payment of the franchise fees, if any, shall be made at such
time or times as may be provided in the franchise agreement, and if
not specified therein, such payment shall be made annually on the
first business day of February. If any payment is not be made within
thirty days after the same becomes due, the grantee shall further
pay interest on such payment at the rate of one percent per month
from the date the payment was made.
(Prior code § 21210; Ord. 166 § 1, 1997)
The city manager is authorized to administer any franchise agreement
entered into pursuant to this chapter and to ensure that all the terms
and conditions thereof are complied with fully.
(Prior code § 21211; Ord. 166 § 1, 1997)