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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)
(A) (1) It shall be the duty of the City Clerk to advertise the sale of the franchise as herein set out for a period of 10 days, by written or printed notice posted in 3 of the most conspicuous places in the city, and advertise the sale of the franchise once a week for 3 consecutive weeks in the county newspaper, so that the final publication shall appear not later than 2 days before the day on which the sale will occur and not sooner than some day during the week preceding the week in which the sale shall take place.
(2) The notice and newspaper advertisement shall state when the Clerk shall sell the franchise at public auction to the highest and best bidder, giving the time and place of sale. In the advertisement and notice, the right of the City Council to reject any and all bids shall be reserved. The newspaper publication shall describe the franchise to be sold and any special provisions. The Clerk shall sell the franchise in accordance with the notice and advertisement.
(3) The City Council may accept that bid which, in its judgment, is the highest and best. No bid shall be accepted of less than $50, which amount is fixed as the upset price for the franchise. The bidder to whom the franchise or privilege shall be awarded shall within 10 days after the acceptance of its bid by the City Council pay the amount of the bid to the Treasurer of the city.
(B) In case the successful bidder for the franchise shall fail within 30 days after its bid shall have been accepted to comply with the provisions of this subchapter, the Clerk shall again advertise the franchise for sale in the manner in which the first sale was made, and shall again sell the franchise in the manner and upon the same conditions and requirements as the original sale of the franchise was made, except that no sale shall be made to the bidder who had failed to perform the terms of the first sale.
(Prior Code KOC, § 450.1, passed 5-5-1975)
The company agrees to charge such rates as may from time to time be fixed by the Public Service Commission of Kentucky, or any successor regulatory body.
(Prior Code KOC, § 450.1, passed 5-5-1975) Penalty, see § 10.99
COMMUNICATIONS SERVICES
The franchisee shall pay to the city as annual compensation for the use of the rights-of-way a communications franchise fee equal to the following:
(A) $100 per antenna in the rights-of-way; plus
(B) (1) For each single cable, wire, fiber, conduit or other linear facility, or bundle of the same up to 2 inches in diameter placed above ground, $1 per foot of rights-of-way on which it is placed or over which it is suspended; plus
(2) For each bundle of cable, wire, fiber, conduit or other linear facility greater than 2 inches in diameter placed above ground, $0.50 per foot of rights-of-way on which it is placed or over which it is suspended; plus
(3) For each single cable, wire, fiber, conduit or other linear facility, or aggregate of the same placed below ground contemporaneously, $0.50 per foot of rights-of-way used to accommodate the same.
(Ord. 2005-9, passed - -2005)