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GRANTS AND FRANCHISES
No franchise to occupy any of the streets, alleys or public grounds of the City for the purpose of constructing, maintaining and operating a public utility shall be granted, and no such grant shall be renewed, extended or amended, except by ordinance. Every such proposed grant and every proposed renewal or extension of such grant provided by ordinance passed by the Council shall be subject to the referendum provisions of this Charter. No such proposed grant or proposed renewal or extension of such grant provided by ordinance passed by the Council shall be declared, considered or held to be an emergency measure.
No grant, or renewal thereof, to construct, maintain and operate a public utility in the streets and public grounds of the City shall be made by the Council to any individual, company or corporation in violation of any of the limitations contained in this Charter or in the laws of the State of Ohio.
No grant or franchise to construct, maintain or operate a public utility and no renewal or extension of such grant shall be exclusive. No such grant shall be renewed earlier than two years prior to its expiration unless the Council shall by an affirmative vote of at least two-thirds of its members first declare by ordinance its intention of considering a renewal thereof.
No grant of franchise and no extension, renewal or amendment thereof shall be valid for a greater period than ten years from the day of such grant, renewal, extension or amendment, provided and except, however, a grant of franchise, extension renewal or amendment thereof shall be valid for a period of twenty-five years for operating street railways from the day of such grant, renewal, extension or amendment and providing such grant, renewal, extension or amendment be passed by an affirmative vote of at least two-thirds of the members of the Council.
The consent of abutting and adjacent property owners shall not be required for the construction, extension, maintenance or operation of any public utility; but any such property owner shall be entitled to recover from the owner of such public utility the actual amount of damages to such property on account thereof less any benefits received therefrom; provided, suit is commenced within two years after the damage is begun.
Grants made to owners of existing franchises to operate and maintain public utilities in addition to such existing franchises of the same kind, shall be made to expire simultaneously with such existing franchises, and every such extension shall be considered a part of the property of the utility, shall be operated as such and shall be subject to all the provisions of the original grant, including the right of the City to acquire the property of the utility by purchase or lease or by any of the means prescribed by this Charter or by law.
No grant of franchise and no renewal, extension or amendment of such grant shall be valid unless it specifically reserves to the City the right, at intervals to be set forth in the franchise ordinance, to terminate the same by purchase or lease and operations of the property of the utility used in or conveniently useful for the operation of the utility in the streets of the City or elsewhere; nor shall any such grant, renewal or extension be valid which does not either definitely fix and determine the price which shall be paid by the City for the property of the public utility and the terms of payment in the event of purchase or lease by the City, or provide the precise means and methods whereby such purchase or rental price and terms shall be fixed and determined.
Nothing in such ordinance or in this Charter shall prevent the City from acquiring the property of any utility by condemnation proceedings or any other method provided by law; but such methods of acquisition shall be in addition to the power of purchase or lease to be reserved in the grant, renewal or extension.
All grants of franchises and all renewals of extensions shall provide for a revision of rates at specified intervals, and no such grants, renewals or extensions shall be valid which permit rates to continue for a period of more than five years without being subject to revision.
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