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24-18 Enact Sec. 131.03 Franchises to Reflect 3rd Amended Charter
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24-18 Enact Sec. 131.03 Franchises to Reflect 3rd Amended Charter
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conducive to the public interest; and also the manner in which the streets and <br />public grounds shall be used and occupied. Such grant or any amendment or re- <br />newal thereof shall be for such period of time as Council may determine, but it <br />shall not exceed a period of 25 years. <br />(b) Renewals. Council may renew any grant for the construction or operation of <br />any utility, at its expiration, upon such terms as may be conducive to the public <br />interest. All such grants and renewals thereof may reserve to the City the right to <br />purchase all the property of the utility in the streets and highways and elsewhere <br />used in, or useful for, the operation of the utility, at a price either fixed by ordi- <br />nance, or to be fixed in the manner provided by the ordinance making the grant <br />or renewal of the grant. Nothing in such ordinance shall prevent the City from <br />acquiring the property of any such utility by condemnation proceedings or in <br />any other lawful mode; but all such methods of acquisition shall be alternative to <br />the power to purchase, reserved in the grant or renewal as herembefore provid- <br />ed. No ordinance making such purchase shall be valid unless it shall expressly <br />provide therein that the price to be paid by the City for the property that may be <br />acquired by it from such utility by purchase, condemnation or otherwise, shall <br />exclude all value of such grant or renewal. Upon the acquisition by the City of <br />the property of any utility by purchase, condemnation or otherwise, all grants or <br />renewals shall at once terminate. <br />(c) Extension. Council may grant to any individual, company or corporation op- <br />erating a public utility, the right to extend the appliances and service of such <br />utility. All such extensions shall become a part of the aggregate property of the <br />utility, and shall be subject to all the obligations and reserved rights applicable <br />to the property of the utility by virtue of the ordinance providing for its construc- <br />tion and operation. The right to use and maintain any such extension shall expire <br />with the original grant of the utility to which the extension was made or any re- <br />newal thereof. <br />(d) Consents. No consent of the owner of property abutting on any highway or <br />public ground shall be required by Council as a condition of its authority to au- <br />thorize the construction, extension, maintenance or operation of any public utili- <br />ty by original grant or renewal, <br />(e) Regulations. All rights granted for the construction and operation of public <br />utilities in the City shall be subject to both the additional, more specific regula- <br />tions found within the Code and the continuing right of Council to require such <br />reconstruction, relocation, change or discontinuance of the appliances used by <br />the utility in the streets, alleys, avenues, and highways of the City, as shall in the <br />opinion of Council be necessary in the public interest. In ordering any such re- <br />construction, relocation, change or discontinuance Council shall provide for <br />such alteration in the rates for service and in the terms upon which purchase is <br />authorized to be made by the City, as shall be necessary or equitable to protect <br />the owner of the utility against loss of property value. <br />Section 2. It is found and determined that all formal actions of this Council concerning <br />and relating to the passage of this ordinance were adopted in an open meeting of this Council and <br />that all such deliberations of this Council and of any of its committees that resulted in such for- <br />mal action were in meetings open to the public in compliance with all legal requirements. <br />Section 3. This ordinance is hereby declared to be an emergency measure necessary for <br />the immediate preservation of the public peace, property, health, safety and welfare in the City <br />
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