01-22-2024 CC Agenda Packet - work session

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Created: 2022-07-19 16:12:32 [EST] (Supp. No. 20, Update 2) Page 10 of 29 (4)The grantee shall not issue any capital stock on account of the franchise or the value of the franchise, and the grantee shall have no right to receive, upon condemnation proceedings brought by the city to acquire the public utility exercising such franchise, any return on account of the franchise or its value. (5)No sale or lease of the franchise shall be effective until the assignee or lessee shall have filed with the city an instrument, duly executed, reciting the facts of such sale or lease, accepting the terms of the franchise, and agreeing to perform all the conditions required of the grantee under the franchise. (6)Every grant in the franchise which includes permission for the erection of poles, masts or other fixtures in the streets and for the attachment of wires, or for the laying of tracks in, or of pipes or conduits under the streets or public places, or for the placing in the streets or other public places of any permanent or semipermanent fixtures whatsoever, shall be subject to the condition that the council shall have the power to require such alterations or relocation or rerouting as the council may at any time deem necessary for the safety, health or convenience of the public, and particularly that it shall have the power to require the removal of poles, masts and other fixtures bearing wires and the placing underground of all facilities for whatsoever purpose used. (7)Every franchise shall contain a provision granting the city the right to acquire the franchise in accordance with statute. (8)The franchisee may be obligated by the city to pay the city fees to raise revenue or defray increased costs accruing as a result of utility operations, or both, including but not limited to a sum of money based upon gross operating revenues or gross earnings from its operations in the city. (Code 1984, § 2.60(4)) Sec. 18-45. Further provisions of franchises. The enumeration and specification of particular matters which must be included in every franchise or renewal or extension shall not be construed as impairing the right of the city to insert in any such franchise or renewal or extension such other and further conditions and restrictions as the council may deem proper to protect the city's interests, nor shall anything contained in this article limit any right or power possessed by the city over existing franchises. (Code 1984, § 2.60(5)) Secs. 18-46—18-75. Reserved. ARTICLE III. CONSTRUCTION, REPAIR AND IMPROVEMENTS OF PUBLIC ROADWAY SURFACING, SIDEWALKS, CURB AND GUTTER, DRIVEWAY APRONS OR CURB CUTS DIVISION 1. GENERALLY Sec. 18-76. Methods of procedure. Abutting or affected property owners may contract for, construct or reconstruct roadway surfacing, sidewalk or curb and gutter, driveway, driveway turnaround, driveway approaches or curb cuts in accordance with this article. 13