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UTILITIES
There is hereby created a franchise for the erection of poles and for stringing, laying and maintaining overhead and underground wires and cables for the transmission, distribution and sale of electricity together with all appurtenant facilities and equipment and for installing, laying and maintaining gas pipes for the transmission, distribution and sale of gas together with all equipment facilities and equipment in, along, under and across the public ways, roads, streets, alleys and other public places in the city; and for constructing the necessary conduits and manholes for the installation of the wires, pipes and facilities and equipment, and for selling electricity and gas by means of the facilities. The gas and electricity may be conveyed through the city and to any other town or to any portion of the county or to any other county.
(Prior Code KOC, § 450.1, passed 5-5-1975)
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMPANY. The person, firm or corporation which shall become the purchaser of the franchise, or any successor or assignee of such person.
STREETS. The public ways, roads, streets, alleys, and other public places of the city.
(Prior Code KOC, § 450.1, passed 5-5-1975)
The company acquiring this franchise shall have the right to erect, install and maintain poles, cables and conduits in, along, under and across and over the streets, and to install, string, lay and maintain wires thereon and thereunder together with all related facilities and equipment; for the transmission, distribution and sale of electric energy, and the company shall also have the privilege of installing, laying and maintaining gas mains and pipes, together with all related facilities and equipment in, along, under, and across the streets, and to transmit and sell gas through the pipes. The company shall also have the right to use the streets with its service and maintenance vehicles and equipment in furtherance of this franchise.
(Prior Code KOC, § 450.1, passed 5-5-1975)
(A) Before beginning the construction of any new line of pipes, poles or conduits under this franchise, the company shall prepare a plat showing the construction of the work to be done and a brief description showing the manner in which it is to be done, which plan and specification shall be presented to the City Council for approval. After the work is completed, the City Council shall have the right to examine it, and in case it finds that the work has not been done in accordance with the plans and specifications approved by it, the company shall, at its own expense, make such changes as will cause the work to conform to the plans and specifications approved by the Council.
(B) The work shall be done in a workmanlike manner, and so as not to unnecessarily interfere with the public use of any streets. Wherever the surface of any street is opened, it must be restored at the expense of the company, within a reasonable time, to as good a condition as it was prior to the opening thereof.
(Prior Code KOC, § 450.1, passed 5-5-1975) Penalty, see § 10.99
The company acquiring this franchise and its successors and assigns shall indemnify the city for any and all damage that may legally arise from the presence or operation of its pipes, wires or appliances or poles so constructed or maintained on or along the streets, and defend all actions which may be brought against the city by reason of or arising out of the construction or operation of the gas and electric lines.
(Prior Code KOC, § 450.1, passed 5-5-1975)
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