Article III — Scope of Franchise

Any franchise granted under this chapter with respect to a given utility service is in lieu of all other franchises, rights, or privileges of the grantee, or of any successor of the grantee to any rights under the franchise for transmitting and distributing the utility service within the limits of the City as such limits exist at the time of the granting of the franchise or as they may hereafter exist, except any franchise derived under Section 19 of Article XI of the Constitution as that section existed prior to the amendment thereof adopted October 10, 1911. The acceptance of any such franchise granted under this chapter shall operate as an abandonment of all other franchises, rights, and privileges of grantee or of any successor of grantee within the limits of the City as such limits at any time exist. (Ord. 1169 § 1, 9-5-1967; Formerly § 12A-10)

Every gas franchise granted pursuant to this chapter confers upon the grantee the right to use, or to lay and use, gas pipes and appurtenances for the purpose of transmitting and distributing gas; every oil franchise so granted confers upon the grantee thereof the right to use, or lay and use, oil pipes and appurtenances for the purpose of transmitting and distributing oil or products thereof; every water franchise so granted confers upon the grantee thereof the right to use, or to lay and use, pipes, ditches, flumes, conduits, and appurtenances for the purpose of transmitting and distributing water; and every electric franchise so granted confers upon the grantee thereof the right to use, or to construct and use, poles, wires or conduits and appurtenances for the purpose of transmitting and distributing electricity for any and all purposes, under, along, across, or upon the public streets, ways, alleys, and places as they now or hereafter exist within the city.

Such rights shall not include the right to occupy any park, playground, or other municipal property (exclusive of public thoroughfares), unless a special permit therefor shall be granted by the City Council.

(Ord. 1169 § 1, 9-5-1967; Formerly § 12A-11)

No franchise granted under this chapter in any way impairs or affects the right of the City to acquire the property of the grantee by purchase or condemnation, and nothing contained in such a franchise shall be construed to contract away, modify or abridge either for a term or in perpetuity the City's right of eminent domain.

(Ord. 1169 § 1, 9-5-1967; Formerly § 12A-12)

No franchise granted under this chapter shall ever be given any value before any court or other public authority in any proceeding of any character in excess of the cost to the grantee of the necessary publication and any other sum paid by it to the City therefor at the time of acceptance. (Ord. 1169 § 1, 9-5-1967; Formerly § 12A-13)