Article 10-25

FRANCHISES

Sections:

10-25.010 Purpose of Article. 10-25.020 When franchise required. 10-25.030 Application for franchise. 10-25.040 Limitations on franchises. 10-25.050 Use of streets pursuant to franchise. 10-25.060 Transfer or assignment of franchise. 10-25.070 Notice of intended use or installation. 10-25.080 Indemnification of City. 10-25.090 Minimum depth of new pipeline. 10-25.100 Reports by grantee. 10-25.110 Right of inspection. 10-25.120 Franchise fees.

The City Council is the designated agent of the legislature of the State in the matter of granting certain franchises or privileges to any person desiring to exercise or enjoy any rights in, over, on, along and through the public highways of the City. The City Council desires to make uniform regulations for all such activities intended to be carried on by any person in the City.

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 or installing therein or thereon any facility shall be required to obtain from the City a franchise authorizing such use.

Each person desiring a franchise from the City shall make application to the City Council for the privilege or franchise he desires to exercise or enjoy.

all persons to make use of the 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.

The grantee of any franchise granted by the City Council under this Article 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 consent of the City Council thereto, except that no such consent shall be required for any transfer by the grantee in trust or by way of mortgage or hypothecation for the purpose of securing an indebtedness of grantee or for the purpose of renewing, extending, refunding, retiring, paying or cancelling, in whole or in part, any such indebtedness at any time or from time to time.

Before any use, operation, or installation under any franchise granted pursuant to this Article shall be permitted, notification shall be made by the grantee of the franchise to the Maintenance Director.

The grantee of any franchise under this Article 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.

Every new pipeline laid or maintained under any franchise granted pursuant to this Article shall be laid

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 governing the granting of franchises or privileges by the City Council.

The grantee of any franchise or privilege granted pursuant to this Article shall have the right as against

204.3

(Saratoga Supp. No. 44, 12-18)