ARTICLE 9. FRANCHISES
SECTION 9.01. FRANCHISE.
   The Council may by ordinance grant a non-exclusive franchise to any person, firm or corporation, to construct or operate a public utility on, across, under, over or above any public street or public real estate within the Municipality for a period not in excess of twenty (20) years; and it may prescribe in the ordinance the kind or quality of service or product to be furnished, the rate or rates to be charged therefor, and such other terms as Council shall deem conducive to the public interest. Such franchise may be amended or renewed in the manner and subject to the provisions established by this Charter for original grant of franchises. No consent of the owner of property abutting on any public street or public real estate shall be necessary to the effectiveness of any such grant, amendment, or renewal.
   All such grants, amendments and renewals shall be made subject to the continuing right of the Council to provide reasonable regulations for the operation of such utilities with reference to such streets and public real estate, including the right to require such reconstruction, relocation, alteration, or removal of structures and equipment used in such streets or public realty, at the expense of the public utility or public service as shall, in the opinion of Council, be necessary in the public interest.
SECTION 9.02. EXTENSION BY ANNEXATION.
   Every such grant shall provide that upon the annexation of any territory to the Municipality the portion of any such utility or service that may be located within such annexed territory and upon the streets, alleys, or public grounds thereof, shall thereafter be subject to all the terms of the grant as though it were an extension made thereunder.
SECTION 9.03. MERGER.
   Should the voters of Barberton and the voters of another municipality or township approve a merger of the two entities, then and in that event, the agreement reached by the Merger Study Commission, and approved by the voters of both communities, shall take precedence over any conflicting provisions of this Charter. (Nov. 5, 1985)