Santa Fe Springs Municipal Code Ch. 114 Franchises

Footnotes:

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Cross reference— Cable television franchise, see §§ 112.01 et seq.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Director of Public Works. The Director of Public Works of the city. If any highway becomes a state highway, then as to such state highway Director of Public Works means the commission, board or officer of the state having powers and duties analogous or similar to the powers and duties of the Director of Public Works in the city.

Facilities. All property of the grantee, including service connections with the grantee's facilities, whether installed by the grantee or not, erected, constructed, laid, operated or maintained in, upon, over, under, along or across any highway pursuant to any right or privilege granted by the franchise.

Franchise Payment Period.

(1) If the franchise grants to a public utility or to a mutual water company a right not theretofore in existence, the sixth year after the effective date of the ordinance granting the franchise, or at the option of the grantee, any shorter period of time immediately following the expiration of five years after the effective date of such ordinance, and each year thereafter, during the life of the franchise.

(2) In all other cases, including all franchises granted to persons who are neither public utilities nor mutual water companies, the first year after the effective date of the ordinance granting the franchise, or at the option of the grantee, any shorter period of time immediately following the effective date of such ordinance, and each year thereafter, during the life of the franchise.

Franchise Report Period. The first year after the effective date of the ordinance granting the franchise, or at the option of the grantee, any shorter period of time immediately following the effective date of such ordinance, and each year thereafter, during the life of the franchise.

Grantee. The person to whom the franchise is granted and any person to whom it lawfully may be assigned.

Highway. Any public highway, freeway, except a state freeway, street, road, alley, land or court or other public easement, and above and below the same, which exists in any incorporated territory of the city and in which the city has the authority to grant a franchise. "Street" has the same meaning as highway.

Main. Any pipeline or conduit laid along or approximately parallel with and in any highway for the transmission or distribution of electricity or any substance or commodity.

Public Entity. Any district or other political subdivision of which the City Council is ex officio the governing body or of which the members of the City Council are ex officio members of the governing body. Public Entity also includes any political subdivision of the state.

Service Connection. The wires, pipes or conduits connecting the building or place where the service or commodity supplied by the grantee is used or delivered, or is made available for use or delivery, with the supply line or supply main in the highway or with such supply line or supply main on private property.

(Ord. 168, passed 2-9-61; '64 Code, § 10-1)

Every franchise granted by the city for the use of city streets for any purpose, except as otherwise provided in the ordinance granting such franchise, shall be granted upon and be subject to such of the rules, regulations, restrictions, terms and conditions of this chapter as are incorporated in such granting ordinance by reference, in addition to the rules, regulations, restrictions, terms and conditions set forth in the ordinance granting each such franchise.

(Ord. 168, passed 2-9-61; '64 Code, § 10-2)

The franchise is granted and shall be held and enjoyed upon each and every condition contained in the ordinance granting the franchise, including such conditions contained in this chapter as are incorporated by reference in such franchise ordinance, and shall be strictly construed against the grantee. Nothing shall pass thereby unless it is granted in plain and unambiguous terms.

(Ord. 168, passed 2-9-61; '64 Code, § 10-3)

The granting of a franchise or any of the terms or conditions contained therein shall not be construed to prevent the city from granting any identical or similar franchise to any person other than the grantee.

(Ord. 168, passed 2-9-61; '64 Code, § 10-4)

Application for a franchise shall be filed with the City Council. Unless the franchise is to cover all of the incorporated territory of the city, the application shall be accompanied by six copies of a map drawn to a size and scale approved by the Director of Public Works showing the location boundaries of the area to be described in the franchise.

(Ord. 168, passed 2-9-61; '64 Code, § 10-5)

The notice of sale may require that the grantee shall file, within the time specified therein, and at all times during the life of the franchise, keep on file with the city, a corporate surety bond running to the city, and also to any public entity which may become entitled to the benefits herein reserved in the franchise in a penal sum as shall be determined from time to time by resolution of the City Council, or such other sum as may be specifically provided in the notice of sale with surety to be approved by the City Council, conditioned that the grantee shall well and truly observe, fulfill and perform each term and condition of the bond. The whole amount of the penal sum named in such bond shall be deemed to be liquidated damages and shall be recoverable from the principal and sureties upon the bond. If the bond is not so filed within the time required in this section, the award of the franchise may be set aside at any time prior to the filing thereof and any money paid therefor shall be forfeited and if an ordinance has been enacted granting the franchise, the City Council may repeal such ordinance. In the event that the bond, after it has been so filed, shall at any time during the life of the franchise become insufficient, the grantee by accepting the terms and conditions thereof agrees to renew such bond with sureties to be approved by the City Council within ten days after written notice to do so from the City Council.

(Ord. 168, passed 2-9-61; '64 Code, § 10-6)

The grantee shall pay to the city, within 30 days after receiving a statement therefor, all advertising and publishing costs, including the cost of publishing the ordinance, incurred in connection with the granting of the franchise.

(Ord. 168, passed 2-9-61; '64 Code, § 10-7)

The grantee, except the United States of America, in which case use will constitute acceptance, shall, within 60 days after the passage of the ordinance granting the franchise, file with the City Clerk a written acceptance of the terms and conditions of such ordinance, including such terms and conditions of this chapter as are incorporated by reference in such ordinance.

(Ord. 168, passed 2-9-61; '64 Code, § 10-8)

Unless the ordinance granting a franchise provides otherwise, the term of the franchise shall be 25 years.

(Ord. 168, passed 2-9-61; '64 Code, § 10-9)

Any neglect, failure or refusal to comply with any of the conditions of the franchise shall constitute grounds for the suspension or forfeiture thereof. The City Council, prior to any suspension or forfeiture of the franchise, shall give to the grantee not less than 30 days' notice in writing of any default thereunder. If the grantee does not, within the noticed period, begin the work of compliance or after such beginning does not prosecute the work with due diligence to completion, the City Council may hold a hearing, at which the grantee shall have the right to appear and be heard and thereupon the City Council may determine whether such conditions are material and essential to the franchise and whether the grantee is in default with respect thereto and may declare the franchise suspended or forfeited. Notice of such hearing shall be given to the grantee by certified mail not less than five days before such hearing.

(Ord. 168, passed 2-9-61; '64 Code, § 10-10)

(A) The grantee of any franchise awarded to a public utility or mutual water company, except a franchise for a spur, drill or team track, shall during the life of the franchise pay to the city, in lawful money of the United States, two percent of the gross annual receipts of the grantee arising from the use, operation or possession of the franchise subject to the following conditions:

(1) No percentage shall be paid for the first five years succeeding the effective date of the franchise but thereafter such percentage shall be payable annually.

(2) If the franchise is a renewal of a right already in existence, the payment of such percentage of gross receipts shall accrue from the effective date of the ordinance granting the franchise.

(3) In case the franchise is granted to a street railway company or trackless trolley and provides for an extension of an existing system, then the gross receipts shall be estimated to be 1/2 of the proportion of the total gross receipts of such system, which the mileage of such extension bears to the total mileage of the whole system, and such estimate shall be conclusive as to the amount of the gross receipts of such extension.

(B) As used in this section, the phrase TWO PERCENT OF THE GROSS ANNUAL RECEIPTS OF THE GRANTEE ARISING FROM THE USE, OPERATION OR POSSESSION OF THE FRANCHISE shall be construed as that similar phrase found in Cal. Pub. Util. Code § 6006 and in former § 3 of Chapter 578, page 777, Statutes of 1905, popularly known as the Broughton Act.

(Ord. 168, passed 2-9-61; '64 Code, § 10-11)

(A) If any highway or portion thereof becomes a state highway, except for the right to continue to collect franchise payments and such other rights as by law remain with the city, the state shall succeed to all rights reserved to the city by the franchise; but this provision shall not preclude the grantee from receiving reimbursement for the relocation of its facilities if and to the extent otherwise lawfully entitled thereto.

(B) This section applies to any highway or portion thereof which becomes a state highway in which the grantee maintains its facilities under the authorization of the franchise at the time such highway or such portion thereof becomes a state highway, whether at such time it is under the jurisdiction of the city or of any public entity.

(Ord. 168, passed 2-9-61; '64 Code, § 10-12)

All facilities erected, constructed, laid, operated or maintained by the grantee in highways, including services connected with the grantee's facilities, whether installed by the grantee or not, in the area described in and by virtue of the authority provided by the ordinance granting the franchise prior to the effective date of such ordinance, except those maintained under prior right other than franchise, shall become subject to all the terms and conditions of such ordinance upon such effective date.

(Ord. 168, passed 2-9-61; '64 Code, § 10-13)

Whenever the length of any wire, pipe or conduit is a factor in calculating any payment due under any franchise granted by the city, all service connections shall be excluded in determining such length.

(Ord. 168, passed 2-9-61; '64 Code, § 10-14)

The grantee of any franchise awarded to a public utility, by accepting the terms and conditions thereof, stipulates and agrees that in any proceeding for the purpose of regulating the rates of the grantee, no greater value shall be placed upon the franchise than the actual cash paid therefor by the grantee, including the cost of advertising paid by the grantee pursuant to § 114.007.

(Ord. 168, passed 2-9-61; '64 Code, § 10-15)

The grantee of any franchise awarded to a public utility or a mutual water company, except a franchise for a spur, drill or team track, shall file with the Director of Finance and Administrative Services for each franchise payment period, within 90 days after such period, two copies of a report verified by the oath of the manager, or any responsible officer of the grantee except where the grantee is an individual, in which case the report shall be verified by the oath of the grantee, showing the total gross receipts of the grantee for the franchise payment period, received or accrued in connection with the furnishing of the commodity or service arising from the use or operation of the franchise, together with such additional data as is necessary in the opinion of the Director of Finance and Administrative Services to calculate or verify the calculation of the annual payment required by § 114.011, or the pro rata thereof for the first period if the first period is less than one year, which payment shall be paid concurrently with the filing of the statement.

(Ord. 168, passed 2-9-61; '64 Code, § 10-16)

Should any annual report and accompanying payment not be made under § 114.016 within the 90-day period mentioned in such section, the grantee shall further pay interest on the amount due under § 114.011 at the rate of one percent per month from the last day of the franchise payment period for which such payment was due.

(Ord. 168, passed 2-9-61; '64 Code, § 10-17)

At all reasonable times, the grantee shall permit any duly authorized representative of the City Council to examine all property of the grantee erected, constructed, laid, operated or maintained pursuant to the franchise, together with any appurtenant property of the grantee and to examine and transcribe all books, accounts, papers, maps and other records kept or maintained by the grantee or under its control which pertain to the operations, affairs, transactions, property or financial condition of the grantee with respect thereto.

(Ord. 168, passed 2-9-61; '64 Code, § 10-18)

Cross reference— Penalty, see § 10.97

The grantee shall not sell, transfer, assign or lease the franchise or any part thereof, except with the consent of the City Council. Such sale, transfer, assignment or lease shall be made only by filing with the City Council a copy of the duly executed instrument of such sale, transfer, assignment or lease. If such duly executed instrument and such written request is not filed with the City Council before the expiration of 60 days after the effective date of such sale, transfer, assignment or lease, then, upon the expiration of such 60 days, the franchise shall be subject to forfeiture and the City Council may, without notice, by ordinance repeal the franchise.

(Ord. 168, passed 2-9-61; '64 Code, § 10-19)

Cross reference— Penalty, see § 10.97

As a condition to the granting of consent to sell, transfer, assign or lease a franchise, the City Council may impose such additional terms and conditions upon the franchise and upon the grantee or assignee which the City Council may deem to be in the public interest. Such additional terms and conditions shall be expressed by ordinance.

(Ord. 168, passed 2-9-61; '64 Code, § 10-20)

Nothing contained in §§ 114.019 or 114.020 shall be construed to grant to the grantee the right to sell, transfer, assign or lease the franchise, or any part thereof, except in the manner provided in such sections. Such sections apply to any assignment, whether by operation of law, by voluntary act of the grantee or otherwise. No consent shall be required to any transfer of the franchise in trust or by way of mortgage or hypothecation with all or a part of grantee's other property for the purpose of securing any indebtedness of the grantee.

(Ord. 168, passed 2-9-61; '64 Code, § 10-21)

Any right or power conferred or duly imposed upon any officer, employee, department or board of the city shall be subject to transfer by operation of law to any other officer, employee, department or board of the city.

(Ord. 168, passed 2-9-61; '64 Code, § 10-22)

The grantee of a franchise shall not commence any excavation work under the franchise until he shall have obtained such permit as may be required by any ordinances and regulations of the city governing excavations in and other work in and upon the public streets of the city, except in cases of emergency affecting public health, safety or welfare or the preservation of life or property, in which case the grantee shall apply for such permit not later than the next business day.

(Ord. 168, passed 2-9-61; '64 Code, § 10-23)

Cross reference— Penalty, see § 10.97

Unless the Director of Public Works finds that special circumstances make it impossible or not feasible to do so:

(A) All mains laid under a franchise, except electrical conduits, shall be laid and maintained not less than 30 inches below the gutter grade unless the grantee files a written statement that no service connection will be made to any portion of the upper half of such main, in which case the main may be not less than 24 inches below the gutter grade.

(B) All other facilities including electrical conduits and service connections laid under a franchise shall be laid and maintained not less than 24 inches below the gutter grade.

(Ord. 168, passed 2-9-61; '64 Code, § 10-24)

Cross reference— Penalty, see § 10.97

(A) Prior to the issuance of any excavation permit for the construction or installation of any pipeline for the transmission of flammable liquids or gases, which are heavier than air, approval shall be obtained from the Fire Chief. Such approval shall be based on the determination that no undue fire hazard will be created to life or property in the areas through which the proposed pipeline will be located. To make such determination, consideration shall be given to:

(1) Type of commodity to be transmitted.

(2) Density of population or structural development in the area through which such pipeline will be located.

(3) Adequacy of water supplies for fire control purposes.

(4) Extent of available public fire protection facilities.

(5) Number and location of shutoff valves in pipeline.

(B) Such review and approval shall be confined only to that pipeline or portion of a pipeline for which such excavation permit has been applied.

(Ord. 168, passed 2-9-61; '64 Code, § 10-25)

The grantee of a franchise shall be responsible to the city and save the city and its officers and employees 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, laid, operated or maintained under such franchise.

(Ord. 168, passed 2-9-61; '64 Code, § 10-26)

All facilities erected, constructed, laid, operated or maintained under the provisions of a franchise shall be erected, constructed, laid, operated or maintained in accordance with and conforming to all the ordinances, codes, rules and regulations adopted or prescribed by the City Council and shall be of first-class and standard material and subject to the approval of any duly authorized representative of the City Council unless otherwise provided in the ordinance granting the franchise. In case of public utilities subject to the jurisdiction of the Public Utilities Commission of the state, the rules, regulations and orders of the Public Utilities Commission shall govern whenever any conflict may exist between them and the ordinances, codes, rules and regulations adopted or prescribed by the City Council.

(Ord. 168, passed 2-9-61; '64 Code, § 10-27)

Cross reference— Penalty, see § 10.97

The work of erecting, constructing, laying, replacing, repairing or removing facilities authorized under the provisions of this chapter in, upon, over, under, along or across any street shall be conducted with as little hindrance as practicable to the use of the streets for purpose of travel; and as soon as the erecting, constructing, laying, replacing, repairing or removing of any of such facilities is completed, all portions of the streets which have been excavated or otherwise injured thereby shall be placed in as good condition as the same were before the erecting, constructing, laying, replacing, repairing or removing of such facilities to the satisfaction of the Director of Public Works. The grantee shall be responsible to the city and shall save the city, its officers and employees, free and harmless from all damages or liability arising from any damage or injury suffered by any person by reason of any excavation or obstruction being improperly guarded during such work or the failure of the grantee to properly perform, maintain or protect any phase of the work.

(Ord. 168, passed 2-9-61; '64 Code, § 10-28)

Cross reference— Penalty, see § 10.97

(A) The City Council, in granting the franchise, does expressly reserve at no cost to the city the right and privilege of installing and maintaining four communication circuits upon any poles or in any communication conduit erected or placed by virtue of the franchise. The city may use the circuits for maintaining a communication, control and fire alarm service in the dispatch of city business; and all such poles erected or conduits laid under the authority of the franchise shall be erected and laid in such a manner as to leave sufficient space for the proper accommodation of the four circuits to be installed and maintained by the city. The grantee of a franchise shall have no responsibility or liability for the installation, maintenance or operation of such circuits by the city, nor shall the grantee have any responsibility to avoid inductive interference or induced voltages in any such circuits. The grantee shall not be obligated to continue to maintain such poles or conduits for the use of the city after the time that the grantee has no further use therefor.

(B) The city shall install and maintain its telephone or telegraph circuits in accordance with Public Utilities Commission General Order No. 95 or other current standards set by the Public Utilities Commission for similar installations.

(Ord. 168, passed 2-9-61; '64 Code, § 10-29)

(A) The city reserves the right for itself and any public entities to lay, construct, repair, alter, relocate and maintain subsurface or other facilities or improvements of any type or description within the city streets over which the franchise is granted. If the city or other public entity finds that the location or relocation of such facilities or improvements conflicts with the facilities laid, constructed or maintained under the franchise, whether such facilities were laid before or after the facilities of the city or such public entity were laid, the grantee of such franchise shall, at no expense to the city or public entity on or before the date specified in a written request from the Director of Public Works which date shall be not less than 30 days after the receipt of such notice, and request to do so, commence work to change the location either permanently or temporarily of all facilities so conflicting with such improvements to a permanent or temporary location in such streets to be approved by the Director of Public Works; and thereafter to diligently prosecute such work to completion. If such street is subsequently constituted a state highway, while it remains a state highway, the rights of the state shall be as provided in Cal. Sts. and High. Code § 680.

(B) As to franchises for spur, team or drill tracks, this section is subject to the provisions of § 114.069.

(Ord. 168, passed 2-9-61; '64 Code, § 10-30)

(A) The city reserves the right for itself, for all cities and public entities to improve the surface of any city street over which any franchise is granted, upon written notice that the grantor intends to improve any such city street within the territory covered by the franchise, and requests that the grantee erect, install, lay or construct beneath the surface of the city street the facilities which at that time are known or believed by the grantor to be necessary or convenient to serve its needs and those of the public in the foreseeable future. The grantee shall commence such work on or before the date specified in such written notice and request, which date shall be not less than 30 days from receipt of such written notice and request and diligently prosecute such work to completion.

(B) After the completion of street improvements by the grantor, the right of the grantee to lay or construct facilities in, under or through the improved surface of such city street or portion of such city street, under the franchise, shall be subject to such additional terms and conditions as the Director of Public Works may impose to minimize any damage to such improved surface.

(Ord. 168, passed 2-9-61; '64 Code, § 10-31)

The city reserves the right to change the grade, to change the width or to alter or change the location of any street over which a franchise is granted.

(Ord. 168, passed 2-9-61; '64 Code, § 10-32)

(A) If any of the facilities erected, constructed installed or maintained by the grantee pursuant to a franchise on, along, upon, over, in, under or across any street are located in a manner which prevents or interferes with the change of grade, traffic needs, operation, maintenance, improvement, repair, construction, reconstruction, widening, alteration or relocation of the street, the grantee shall relocate permanently or temporarily any such facility at no expense to the city, or other public entity upon receipt of a written request from the Director of Public Works to do so and shall commence such work on or before the date specified in such written request, which date shall be not less than 30 days from receipt of such written request, and thereafter diligently prosecute such work to completion; provided, however, if such city street be subsequently constituted a state highway, thereafter and so long as such highway remains a state highway, no such change of location shall be required for a temporary purpose.

(B) As to franchises for spur, team or drill tracks, division (A) of this section:

(1) Does not apply to a separation of grades between a highway and a railroad track.

(2) In all other cases, is subject to the provisions of § 114.069.

(C) Liability for the relocation of facilities necessitated by change of grade, traffic needs, operation, maintenance, improvement, repair, construction, reconstruction, widening, alteration or relocation of freeways, may be determined separately in each individual franchise but if not so determined, shall be governed by the provisions of this chapter.

(Ord. 168, passed 2-9-61; '64 Code, §§ 10-33—10-35)

(A) If the grantee after reasonable notice fails or refuses to relocate permanently or temporarily its facilities located in, on, upon, along, under, over, across or above any street or to pave, surface, grade, repave, resurface or regrade as required pursuant to any provision of a franchise, the city or public entity may cause the work to be done and shall keep an itemized account of the entire cost thereof, and the grantee shall hold harmless the city, its officers and employees from any liability which may arise, or be claimed to arise from the moving, cutting or alteration of any of the grantee's facilities, or the turning on or off of water, oil or other liquid, gas or electricity.

(B) The grantee agrees to, and shall, reimburse the city or public entity for such cost within 30 days after presentation to the grantee of an itemized account of such cost.

(Ord. 168, passed 2-9-61; '64 Code, § 10-36)

Nothing in this chapter shall require the grantee to relocate its facilities in a state freeway to any greater extent that otherwise obligated to do, if at all.

(Ord. 168, passed 2-9-61; '64 Code, § 10-37)

(A) If the city or any public entity constructs or maintains any storm drain, sewer structure or other facility or improvement, under or across any facility of a grantee maintained pursuant to a franchise-granting ordinance, the grantee shall provide at no expense to the city or public entity such support as shall be reasonably required to support, maintain and protect the grantee's facility.

(B) This section shall not relieve any contractor of liability arising from violation of any law, ordinance or regulation or from negligence which may proximately cause injuries to any of grantee's facilities.

(Ord. 168, passed 2-9-61; '64 Code, § 10-38)

Cross reference— Penalty, see § 10.97

If any portion of any street shall be damaged by reason of facilities laid or constructed under a franchise, the grantee shall, at his own expense, repair any such defect and put such street in as good condition as it was before such damage was incurred, to the satisfaction of the Director of Public Works. If the grantee, within ten days after receipt of written notice from the Director of Public Works instructing it to repair such damage, shall fail to commence to comply with such instruction, or, thereafter, shall fail, diligently to prosecute such work to completion, then the Director of Public Works, immediately, may do whatever work is necessary to carry out such instruction at the cost and expense of the grantee, which cost and expense, by the acceptance of the franchise, the grantee agrees to pay upon demand. If such damage constitutes an immediate danger to public health or safety requiring the immediate repair thereof, the Director of Public Works without notice may repair such damage and the grantee agrees to pay the reasonable cost thereof upon demand.

(Ord. 168, passed 2-9-61; '64 Code, § 10-39)

Cross reference— Penalty, see § 10.97

Every grantee, except the grantee of a franchise for a spur, drill or team track shall file with the Director of Public Works, within 90 days after the effective date of the ordinance granting the franchise and each year thereafter within 90 days after the anniversary of the effective date of such ordinance, a map or set of maps, each drawn to a scale not smaller than 600 feet to one inch, showing in detail the exact location and size of all facilities except service connections used by or under the control of the grantee installed beneath the surface of the city streets described in and maintained pursuant to the authority of the ordinance granting the franchise. The map or set of maps filed pursuant to the provisions of this section shall show in detail the location of such facilities, excluding service connections, which shall have been laid, constructed or abandoned subsequent to the filing of the last preceding map or set of maps. Each map or set of maps shall be accompanied by an affidavit endorsed thereon and subscribed and sworn to by the grantee, verifying the correctness thereof.

(Ord. 168, passed 2-9-61; '64 Code, § 10-40)

(A) The Director of Public Works, upon such terms and conditions as he may see fit to impose, may give the grantee of a franchise permission to abandon without removing, any facility laid, erected, constructed, operated or maintained under the franchise. The length of any such facility abandoned with such permission shall not be considered in calculating payments due under the franchise except for the time prior to the effective date of such permission. Nothing contained in the franchise shall be construed to permit the grantee any right to omit from its annual reports, if such reports are required, and from the calculation of its franchise payments the length of any abandoned facility of the grantee except in the manner set out in this section. Unless such permission is granted, the grantee shall remove all abandoned facilities within 90 days after such abandonment and shall restore the street to its former state at the time such facilities were removed, as near as may be, so as not to impair its usefulness.

(B) Abandonment of pipelines shall be done according to city specifications. Said specifications shall include that all above ground pipes, valves, and the like shall be removed, ends shall be plated after filling pipes with slurry sand, and a fee of 1/2 the estimated cost or removal shall be paid to the city. The franchise holder shall then have no further responsibility for the abandoned facilities, nor shall the grantee pay any annual fees for such facilities. If these conditions are not satisfied, the proposed abandoned facilities shall be considered as being deactivated and shall remain the responsibility of the grantee and shall remain on the grantee's records and maps, and the annual fees shall be paid. In the event that such payment is not made, the City Council may declare said franchise forfeited.

(Ord. 168, passed 2-9-61; '64 Code, § 10-41)

Cross reference— Penalty, see § 10.97

Whenever this chapter or an ordinance granting a franchise requires the grantee to take any action or perform and complete any work within a specified time and the grantee is prevented from taking such action or performing or completing such work by reason of conditions or delays beyond the reasonable control of the grantee, the time for taking such action or performing or completing such work shall be extended by the time the grantee was so prevented. This section does not apply to the making of the annual payments required in this chapter and in the ordinance granting the franchise.

(Ord. 168, passed 2-9-61; '64 Code, § 10-42)

A franchise does not give the grantee the right to attach any pipe, conduit or other facility to any bridge or other city structure. Such attachments shall be made only in accordance with the provisions of the ordinances and regulations of the city, as now existing, or as hereafter amended or superseded.

(Ord. 168, passed 2-9-61; '64 Code, § 10-43)

Cross reference— Penalty, see § 10.97

Every franchise hereafter granted by the city to lay, construct, operate, maintain, replace, repair and move spur tracks and their appurtenances upon, on, along or across any city streets, except as otherwise provided in the ordinance granting the franchise, shall be granted subject to the following terms and conditions, in addition to such of the general terms and conditions of §§ 114.001 through 114.041 as are incorporated by reference in the ordinance granting the franchise, except §§ 114.011, 114.016 and 114.038, and in addition to those terms and conditions set forth in the ordinance granting the franchise. As used in this subchapter, the term Spur Track shall also include drill or team track.

(Ord. 168, passed 2-9-61; '64 Code, § 10-44)

The spur track to be laid and constructed under the franchise shall be used exclusively for the purpose of connecting warehouses, factories, businesses, industries or enterprises with the railroad line operated by the grantee, or its successors or assigns, or as a "team track" for the general unloading; and the track of such spur track shall be used for the transportation of freight only and shall not be used as a main line or part thereof.

(Ord. 168, passed 2-9-61; '64 Code, § 10-45)

Cross reference— Penalty, see § 10.97

The grantee, at no cost to the city, shall pave, gravel or otherwise improve the city street between the rails, and for a distance of two feet on each side thereof, with the same type of material as used by the city, under the same specifications and in the same manner or in a similar manner as that upon the adjacent city street, or of a material under specifications approved by the Director of Public Works. The grantee shall maintain the crossing flush with the top of the rails at all times so that vehicles and the traveling public may pass over it in a smooth and comfortable manner.

(Ord. 168, passed 2-9-61; '64 Code, § 10-46)

Cross reference— Penalty, see § 10.97

If pedestrian walks are in place, the grantee shall reconstruct such walks. If pedestrian walks are constructed after the spur track has been laid, the grantee shall construct that portion of the walk between the rails and two feet on each side thereof. In either case, the grantee shall maintain such portions of such pedestrian walks to standards of adjacent walks or to standards approved by the Director of Public Works. The top of the rails shall be maintained at all times at the established grade of the city street at the crossing. All construction, repairs or any other changes of track shall be made under the inspection and to the satisfaction of the Director of Public Works, in compliance with the provisions of the ordinances and regulations of the city, as now existing or hereafter amended.

(Ord. 168, passed 2-9-61; '64 Code, § 10-47)

Cross reference— Penalty, see § 10.97

If any city street is paved at the time the spur track is constructed, the grantee shall use girder rails, weighing approximately 128 pounds per yard, or standard main-line rails of equal or greater weight, within the paved street so crossed. If girder rails are used, the pavement shall be reconstructed as set forth in General Order No. 72, Standard No. 4 of the Public Utilities Commission of the state, excepting only those modifications approved by the Director of Public Works. If standard main-line rails are used, the method of providing flangeways and of reconstructing the pavement shall be subject to the approval of the Director of Public Works. The rail joints within the crossing shall be welded, unless the Director of Public Works approves another type of equally effective joint fastening.

(Ord. 168, passed 2-9-61; '64 Code, § 10-48)

Cross reference— Penalty, see § 10.97

A city street which is not paved at the time the spur track is constructed, or the portion of a paved city street which is not paved at the time the spur track is constructed, shall be constructed in accordance with General Order No. 72, Standard No. 1 of the Public Utilities Commission of the state. If the city street thereafter is paved or if the pavement thereafter is widened, the grantee, within 90 days after being notified by the Director of Public Works, shall reconstruct that portion of the street crossing within the newly paved portion to conform to that specified for paved portion of streets.

(Ord. 168, passed 2-9-61; '64 Code, § 10-49)

Cross reference— Penalty, see § 10.97

Where the proposed spur track crossing requires a revision of the city street grades to fit the proposed spur track, the engineering work required for the necessary profile readjustment and the grading and repaving, if such is required, shall be done at no cost to the city, and shall be done in a manner approved by the Director of Public Works, in the event the grantee fails to comply with the instruction given by the Director of Public Works within ten days after service thereof upon the grantee or its manager or agent in the city, the Director of Public Works shall have the right to have the work done by the Public Works Department or otherwise, and shall keep an itemized account of the cost of the work, which the grantee, by the acceptance of the franchise, agrees to pay within 30 days after it is presented to the grantee, its manager or agent stationed in the city.

(Ord. 168, passed 2-9-61; '64 Code, § 10-50)

Cross reference— Penalty, see § 10.97

In unpaved city streets, the grantee shall use, in construction other than rails, such materials as are approved by the Director of Public Works. In paved city streets, the grantee shall use ballast, creosoted ties, tie plates and other appurtenances below the rails, such as are used in main-line construction of first-class railroads, except where a different depth of ballast is required by soil conditions in which case such depth shall be specified by the Director of Public Works.

(Ord. 168, passed 2-9-61; '64 Code, § 10-51)

Cross reference— Penalty, see § 10.97

The grantee shall, at no expense or cost to the city, county or public entity, construct all necessary flumes, aqueducts and culverts for the free passage of water under the tracks of the roadbed and make all drainage surveys wherever and whenever necessary; and all such flumes, aqueducts and culverts and all curves, turnouts and switches shall be constructed in accordance with plans and specifications approved by the Director of Public Works.

(Ord. 168, passed 2-9-61; '64 Code, § 10-52)

Cross reference— Penalty, see § 10.97

The City Council, in granting the franchise, expressly reserves the right to pave macadamize, oil, gravel or otherwise improve or renew any of the city streets crossed by the spur track or to lay gas or water lines, sewers, storm drains or other structures therein, such work to be done so as to affect the spur or team track as little as practicable. This section does not supersede, modify or limit in any way any provision of §§ 114.001 through 114.041 of this chapter or the application of any such provision to this subchapter.

(Ord. 168, passed 2-9-61; '64 Code, § 10-53)

In the event it is necessary to construct or maintain any storm drain, sewer or other structure under or along the spur track for which the franchise is granted, the grantee shall support and maintain its structures at its own expense during the period of construction or maintenance.

(Ord. 168, passed 2-9-61; '64 Code, § 10-54)

The franchise gives the grantee the legal right to obtain a permit to do the work, covered by the franchise under the provisions of the ordinances and regulations of the city as now existing or hereafter amended, if the grantee complies with all the provisions of such ordinance.

(Ord. 168, passed 2-9-61; '64 Code, § 10-55)

The grantee shall further agree, as a condition of the franchise, throughout the incorporated territory of the city to comply at all times with the provisions of all ordinances and regulations of the city regulating traffic within the city.

(Ord. 168, passed 2-9-61; '64 Code, § 10-56)

Cross reference— Penalty, see § 10.97

In the event it becomes necessary for trains to stand on that portion of a track in a city street crossing for longer than ten consecutive minutes, the trains shall be broken and the cars separated at such city streets to permit the full use of such streets by vehicles and pedestrians.

(Ord. 168, passed 2-9-61; '64 Code, § 10-57)

Cross reference— Penalty, see § 10.97

The franchise is granted upon the express agreement, understanding and condition that the grantee shall and will permit any person owning any warehouse, factory, business, industry or enterprise to connect with the private track, tracks or railroad connected with the railroad of the grantee, and to use the same for the transportation and delivery of any and all cars upon payment to the party or parties incurring the primary expense of such private track, tracks or railroad, of a reasonable proportion of the cost thereof, to be determined by mutual agreement by and between the interested parties. If such interested parties are unable to agree the cost shall be determined by the Public Utilities Commission of the state after notice to the interested parties and a hearing thereof; provided, that such connection and use can be made without unreasonable interference with the rights of the party or parties incurring such primary expense.

(Ord. 168, passed 2-9-61; '64 Code, § 10-58)

Cross reference— Penalty, see § 10.97

Except as otherwise provided in § 114.069, the grantee shall erect or construct and maintain without cost to the city or public entity, all warning and protective devices authorized or ordered by the Public Utilities Commission of the state, for the protection of traffic in connection with the spur track authorized by the ordinance granting the franchise.

(Ord. 168, passed 2-9-61; '64 Code, § 10-59)

Cross reference— Penalty, see § 10.97

The grantee shall pay to the city within 30 days after the passage of the ordinance granting the franchise, as compensation for the franchise granted, a sum as shall be determined from time to time by resolution of the City Council or by state law, if applicable.

(Ord. 168, passed 2-9-61; '64 Code, § 10-60)

(A) Failure to use the spur track for a continuous period of six months shall constitute an abandonment of the spur track. Thirty days after notice to the grantee of such abandonment, the franchise and all rights and privileges granted thereunder shall be deemed to be null and void, unless:

(1) The City Council by order or resolution entered in its minutes or by ordinance, consents to such nonuse.

(2) Such failure is caused by strikes, acts of God or other causes beyond reasonable control of the grantee.

(B) In the event of abandonment, lapse or expiration of the franchise or termination of the franchise by the City Council for noncompliance, the grantee shall remove all rails, ties, poles and appurtenances from the street, and shall reconstruct the pavement and other street improvements adjacent to the tracks so that the work shall join and be continuous with the work done in adjoining portions of the street. The grantee shall perform all of the work within six months from the termination of the franchise. Such work shall be done at no cost to the city and shall be done to the satisfaction of the Director of Public Works.

(Ord. 168, passed 2-9-61; '64 Code, § 10-61)

Cross reference— Penalty, see § 10.97

The work of constructing the spur track shall be commenced in good faith within not more than four months from the date of the granting of the franchise and shall be continuously prosecuted thereafter in good faith and without unnecessary or avoidable intermission or delay. The work of construction shall be completed within not more than one year thereafter. If the work is not so commenced, prosecuted or completed within the time or in the manner specified, the franchise shall be forfeited; provided, that for good cause shown, the City Council, by order or resolution entered into its minutes or by ordinance, may consent to a modification of this provision.

(Ord. 168, passed 2-9-61; '64 Code, § 10-62)

Cross reference— Penalty, see § 10.97

If, either before or after the granting of a franchise for a spur track, the grantee of such franchise and the city or a public entity enter into a contract as to how the costs or expenses, or both arising from the erection or maintenance, or both, of warning or protective devices authorized or ordered by the Public Utilities Commission of the state, or the permanent or temporary relocation of any facilities, shall be apportioned to or between the parties while such contract is in effect, the terms thereof shall control, insofar as they may be inconsistent with §§ 114.030, 114.033, or 114.065. The acceptance of such a franchise, incorporating one or more of such sections by reference, shall not be deemed to modify or supersede any provision of such a contract.

(Ord. 168, passed 2-9-61; '64 Code, § 10-63)

Every franchise hereafter granted by the city to lay or construct from time to time and for the period covered by the franchise, to maintain, operate, renew, repair, change the size of, remove or abandon in place pipes and pipelines for the transportation of oil, gas, gasoline, petroleum, wet gas, hydrocarbon substances, water, waste water, mud, steam and other liquid substances, together with all manholes, valves, appurtenances and service connections necessary or convenient for the operation of such pipes or pipelines including poles, conduits, wires, cables and other appurtenances and equipment for telegraph or telephone lines, or both, necessary or convenient for the grantee's business, in, under, along or across any and all streets, except as otherwise provided in the ordinance granting the franchise, shall be granted subject to the following terms and conditions in addition to such of the general terms and conditions of §§ 114.001 through 114.041 of this chapter as are incorporated by reference in the ordinance granting the franchise and in addition to those terms and conditions set forth in the ordinance granting the franchise.

(Ord. 168, passed 2-9-61; '64 Code, § 10-64)

Cross reference— Oil and gas, see §§ 117.001 et seq.

This subchapter does not apply to public utilities or to mutual water companies.

(Ord. 168, passed 2-9-61; '64 Code, § 10-65)

The grantee of the franchise shall have the right during the life thereof to transport oil, gas, gasoline, petroleum wet gas, hydrocarbon substances, wastewater, mud and other liquid substances through the pipelines maintained under the franchise. If the grantee or assignee qualifies before the Public Utilities Commission of the state as a common carrier, the grantee or assignee shall then have no right to continue to operate hereunder after the date of such qualifications except with the consent of the City Council, granted upon such additional terms and condition as the City Council may deem proper. Such additional terms and conditions shall be expressed by ordinance.

(Ord. 168, passed 2-9-61; '64 Code, § 10-66)

The grantee, during the life of the franchise, within 90 days after the expiration of each franchise payment period, shall file with the Director of Finance and Administrative Services two copies of a report verified by the oath of the grantee or by the oath of a duly authorized representative of the grantee showing for the immediately preceding franchise period the length of pipelines in highways, the internal diameter of such pipelines, the rate per foot per year and the total amount due the city.

(Ord. 168, passed 2-9-61; '64 Code, § 10-67)

Cross reference— Penalty, see § 10.97

Within 90 days after the expiration of each franchise payment period, the grantee shall file with the Director of Public Works an annual report in triplicate, showing the permit number of each permit obtained for the installation of new mains during the immediately preceding franchise payment period, together with the length and size of such mains. On this report the grantee shall show any change in franchise footage since the last franchise payment period segregating such footage as to new mains laid, old mains removed, old mains abandoned in place and the footage of mains in territory annexed since the last franchise payment period. In addition to the annual payment required by § 114.085, the grantee shall pay an initial construction charge calculated at the rate determined from time to time by resolution of the City Council or by state law, if applicable, for all new mains laid during the franchise payment period. With the report required by § 114.083, the grantee shall file the report required by this section accompanied by both the annual payment and the initial construction charge, if any.

(Ord. 168, passed 2-9-61; '64 Code, § 10-68)

(A) The grantee during the life of the franchise, shall make annual payments to the city in lawful money of the United States for the privilege hereby granted, at the rate determined from time to time by resolution of the City Council or by state law, if applicable.

(B) The grantee shall pay also, during the life of the franchise, an annual fee as determined from time to time by resolution of the City Council or by state law, if applicable, for telephone or telegraph lines maintained under the franchise.

(Ord. 168, passed 2-9-61; '64 Code, §§ 10-69—10-70)

Except for pipelines lawfully maintained other than by the authority granted by the franchise, the annual payments shall accrue from the respective dates of installation, whether before or after the effective date of the ordinance granting the franchise, and shall be due and payable annually beginning with the expiration of the first franchise payment period selected by the grantee in accordance with § 114.001.

(Ord. 168, passed 2-9-61; '64 Code, § 10-71)

All pipelines used or to be used for the transportation of oil, gas, gasoline, petroleum, wet gas, hydrocarbon substances or other flammable liquid shall be first-class and standard material as set forth by current American Petroleum Institute pipeline specifications.

(Ord. 168, passed 2-9-61; '64 Code, § 10-72)

Cross reference— Penalty, see § 10.97

On all pipelines laid pursuant to the franchise, the City Fire Chief shall approve where flush-valve connections shall be placed in the pipelines. The availability of adequate water supplies, the commodity transmitted in the line and the location of control valves shall be considered when making such determination. Such flush-valve connections shall be installed in the manner prescribed by the Fire Chief.

(Ord. 168, passed 2-9-61; '64 Code, § 10-73)

Cross reference— Penalty, see § 10.97

Every franchise not subject to §§ 114.080 through 114.088 of this chapter hereafter granted by the city, to lay or construct from time to time and for the period covered by the franchise, to maintain, operate, renew, repair, change the size of, remove or abandon in place pipes and pipelines for the transportation and distribution of water for any purpose, together with all manholes, valves, appurtenances and service connections necessary or convenient for the operation of the pipes or pipelines in, under, along or across any or all streets except as otherwise provided in the ordinance granting the franchise, shall be granted subject to the following terms and conditions in addition to such of the general terms and condi-tions of §§ 114.001 through 114.041 of this chapter as are incorporated by reference in the ordinance granting the franchise and in addition to those terms and conditions set forth in the ordinance granting the franchise.

(Ord. 168, passed 2-9-61; '64 Code, § 10-74)

The grantee, during the life of the franchise, shall prepare and file with the Director of Finance and Administrative Services a report as provided by § 114.016.

(Ord. 168, passed 2-9-61; '64 Code, § 10-75)

Cross reference— Penalty, see § 10.97

Within 90 days after the expiration of each franchise report period, the grantee shall file with the Director of Public Works an annual report in triplicate, showing the permit number of each permit obtained for the installation of new mains during the immediately preceding franchise report period, together with the length and size of the mains. On this report the grantee shall show any change in franchise footage since the last franchise report period, segregating such footage as to new mains laid, old mains removed, old mains abandoned in place and the footage of mains in territory annexed since the last franchise period. In addition to the annual payment required by § 114.011, if any, the grantee shall pay an initial construction charge as determined from time to time by resolution of the City Council or by state law, if applicable, for all new mains laid during the franchise report period. With the report required by § 114.016, the grantee shall file the report required by this section accompanied by both the annual payment, if any, and the initial construction charge, if any. In those cases where the annual franchise report under § 114.016 is not required during the first five years, the report under this section shall, nevertheless, be filed annually as stated above during the five-year period as well as thereafter.

(Ord. 168, passed 2-9-61; '64 Code, § 10-76)

The grantee, during the life of the franchise, shall make annual payments to the city, as provided in § 114.011.

(Ord. 168, passed 2-9-61; '64 Code, § 10-77)

Cross reference— Penalty, see § 10.97

The grantee shall have the right, during the term of the period covered by the franchise and subject to the terms thereof, to make service connections with all property adjoining the streets or any of them and to furnish and distribute water through the pipes and pipelines to all the territory adjacent to the pipelines for any purpose.

(Ord. 168, passed 2-9-61; '64 Code, § 10-78)

All new pipelines, replacements and extensions for domestic water service shall be constructed, laid and designed according to plans approved by the City Manager, after consultation with the Director of Public Works and Fire Chief.

(Ord. 168, passed 2-9-61; '64 Code, § 10-79)

Cross reference— Penalty, see § 10.97

The City Manager shall approve such plans if the pipelines to be laid, extended or replaced, are so designed in conjunction with related facilities, and the location of fire hydrants, as to comply with required domestic demands and fire flows indicated by the Board of Fire Underwriters, and to comply with all other requirements of this chapter and the ordinance granting the franchise.

(Ord. 168, passed 2-9-61; '64 Code, § 10-80)

The City Manager may grant an exception to the requirements of § 114.106 where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of § 114.106, and in granting of such exception, the spirit of § 114.106 shall be observed, public safety secured and substantial justice done.

(Ord. 168, passed 2-9-61; '64 Code, § 10-81)

As further consideration for the granting of the franchise, the grantee agrees at the request of the City Manager to install at no cost to the city, except a reasonable monthly rental, fire hydrants at such places along the grantee's water mains as may be designated by the City Manager after consultation with the Fire Chief.

(Ord. 168, passed 2-9-61; '64 Code, § 10-82)

(A) As further consideration for the granting of the franchise, the grantee agrees that all pipeline sizes shall be subject to the approval of the City Manager for the purpose of insuring adequate water for fire protection purposes. No pipeline shall be constructed hereunder which is inadequate for such purposes in the opinion of the City Manager after consultation with the Director of Public Works and Fire Chief.

(B) As further consideration for the granting of the franchise, the grantee agrees that all pipeline sizes shall be subject to the approval of the City Manager for the purpose of determining that such pipeline sizes are and will be adequate for the projected domestic demand in the city, including residential, commercial and industrial uses. No pipeline shall be constructed hereunder which is inadequate for such purposes in the opinion of the City Manager, after consultation with the Director of Public Works.

(Ord. 168, passed 2-9-61; '64 Code, §§ 10-83—10-84)

Every franchise hereafter granted by the city, to lay or construct from time to time and for the period covered by the franchise, to maintain, operate, renew, repair, change the size of, remove or abandon in place pipes and pipelines for the collection or transportation, or both, of gas for any purpose, together with all manholes, valves, appurtenances and service connections necessary or convenient for the operation of such pipes or pipelines in, under, along or across any or all streets, except as otherwise provided in the ordinance granting the franchise, shall be granted subject to the following terms and conditions in addition to such of the general terms and conditions of §§ 114.001 through 114.041 of this chapter as are incorporated by reference in the ordinance granting the franchise and in addition to the terms and conditions set forth in the ordinance granting the franchise.

(Ord. 168, passed 2-9-61; '64 Code, § 10-85)

Cross reference— Oil and gas, see §§ 117.001 et seq.

The grantee, during the life of the franchise, shall prepare and file with the Director of Finance and Administrative Services a franchise report as provided by § 114.016.

(Ord. 168, passed 2-9-61; '64 Code, § 10-86)

Cross reference— Penalty, see § 10.97

Within 90 days after the expiration of each franchise report period, the grantee shall file with the Director of Public Works an annual report in triplicate, showing the permit number of each permit obtained for the installation of new mains during the immediately preceding franchise report period, together with the length and size of the mains. On this report the grantee shall show any change in franchise footage since the last franchise report period, segregating such footage as to new mains laid, old mains removed, old mains abandoned in place and the footage of mains in territory annexed since the last franchise report period. In addition to the annual payment required by § 114.011, the grantee shall pay an initial construction charge as determined from time to time by resolution of the City Council or by state law, if applicable, for all new mains laid during the franchise report period. With the report required by § 114.016, the grantee shall file the report required by this section accompanied by both the annual payment, if any, and the initial construction charge, if any. In those cases where the annual franchise report under § 114.016 is not required during the first five years, the report under this section shall, nevertheless, be filed annually as stated above, during the five-year period as well as thereafter.

(Ord. 168, passed 2-9-61; '64 Code, § 10-87)

Cross reference— Penalty, see § 10.97

The grantee, during the life of the franchise, shall make annual payments to the city as provided in § 114.011.

(Ord. 168, passed 2-9-61; '64 Code, § 10-88)

Cross reference— Penalty, see § 10.97

In the event the amount paid pursuant to § 114.122 is incorrect in the judgment of the City Council, it may order the payment of such additional sum as it may find due thereunder; and if not paid, or if paid under protest, the same may be determined by suit.

(Ord. 168, passed 2-9-61; '64 Code, § 10-89)

The grantee shall have the right, during the period covered by the franchise and subject to the terms and conditions thereof, to make service connections with all property adjoining the streets or any of them and to furnish and distribute gas through the pipes and pipelines to all the territory adjacent to the pipelines for any purpose.

(Ord. 168, passed 2-9-61; '64 Code, § 10-90)

On all pipelines carrying gas heavier than air laid pursuant to the franchise, the City Fire Chief shall approve where flush-valve connections shall be placed in the pipelines. The availability of adequate water supplies, the commodities transmitted in the line and the location of control valves shall be considered when making such determination. Such flush-valve connections shall be installed in the manner prescribed by the Fire Chief.

(Ord. 168, passed 2-9-61; '64 Code, § 10-91)

Every franchise hereafter granted by the city for the period covered by the franchise, to erect, con-struct, operate, alter, maintain and use any electrical distribution and transmission systems consisting of poles, towers, crossarms, conduits, manholes, vaults, cables, wires, transformers, switches and other equipment, appliances and appurtenances including communication circuits, for the purpose of conducting, transmitting, and distributing electricity and electrical energy for light, heat, and power and for any and all other purposes for which electricity can be used on, along, upon, over, in, under, and across the streets within the city, except as otherwise provided in the ordinance granting the franchise, shall be granted subject to the following terms and conditions in addition to such of the general terms and conditions of §§ 114.001 through 114.041 of this chapter as are incorporated by reference in the ordinance granting the franchise and in addition to the terms and conditions set forth in the ordinance granting the franchise.

(Ord. 168, passed 2-9-61; '64 Code, § 10-92)

The grantee, during the life of the franchise, shall prepare and file with the Director of Finance and Administrative Services a franchise report as provided in § 114.016.

(Ord. 168, passed 2-9-61; '64 Code, § 10-93)

Cross reference— Penalty, see § 10.97

Within 90 days after the expiration of each franchise report period, the grantee shall file with the Director of Public Works an annual report in triplicate, showing the permit number of each permit obtained for the installation of any and all new underground conduits, cables or other facilities during the immediately preceding franchise report period, together with the length and size of such new underground conduits, cables or facilities installed. On this report the grantee shall show any change in the franchise footage since the last franchise report period, segregating such footage as to new facilities installed, old facilities removed, old facilities abandoned in place and the footage of facilities installed in territory annexed. In addition to the annual payment required by § 114.011, the grantee shall pay an initial construction charge as determined from time to time by resolution of the City Council or by state law, if applicable, for all new underground conduits, cables or facilities installed during the franchise report period. With the report required by § 114.016, the grantee shall file the report required by this section accompanied by both the annual payment, if any, and the initial construction charge if any.

(Ord. 168, passed 2-9-61; '64 Code, § 10-94)

Cross reference— Penalty, see § 10.97

The grantee, during the life of the franchise, shall make annual payments to the city as provided in § 114.011.

(Ord. 168, passed 2-9-61; '64 Code, § 10-95)

Cross reference— Penalty, see § 10.97

The grantee shall have the right, during the term of the franchise and subject to the terms and conditions thereof, to make service connections with all property adjoining the streets or any of them and to furnish and distribute electricity for any purpose through such facilities to all the territory adjacent thereto.

(Ord. 168, passed 2-9-61; '64 Code, § 10-96)

If the franchise granted, grants all or any of the rights and privileges owned by the grantee by reason of any existing franchises, whether or not from the city, owned in whole or in part by the grantee from and after the effective date of the ordinance granting the new franchise, such existing franchises, to the extent that the new franchise grants the same rights and to the extent of grantee's interest therein, shall become inoperative as to all incorporated territory within the city, except as to highways which, upon the effective date of the ordinance granting the franchise, are included within the highway system of the state as state highways, granting, however, to the city or any public entity, the right to recover from the grantee any and all sums due under the terms of such superseded franchises arising prior to the effective date of the ordinance granting the franchise.

(Ord. 168, passed 2-9-61; '64 Code, § 10-97)

Notwithstanding the provisions of such superseded or partially superseded franchises, the respective amounts of the payments to be made to the city or any public entity thereunder, as to such state highways on and after the effective date of the ordinance granting the new franchise, shall be determined in the same manner as payments are determined under such new franchise.

(Ord. 168, passed 2-9-61; '64 Code, § 10-98)

Except as otherwise provided in this subchapter, all facilities maintained by the grantee in highways under the terms of such superseded or partially superseded franchises, to the extent that such superseded or partially superseded franchises apply to the incorporated territory of the city upon the effective date of the ordinance granting the new franchise, shall be maintained under and pursuant to the terms of such new franchise.

(Ord. 168, passed 2-9-61; '64 Code, § 10-99)

Cross reference— Penalty, see § 10.97