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No franchise granted by the city shall ever be leased, assigned or otherwise alienated without the express consent of the city, and no dealing with the lessee or his assigns, on the part of the city, to require the performance of any act, or payment of any compensation, by the lessee or his assigns shall be deemed to operate as such consent.
No extension or enlargement of any franchise, or grant, or rights, or powers, previously granted to any corporation, person or association of persons, shall be made except in the manner, and subject to all the conditions herein provided in this chapter for the making of original grants and franchises; provided, however, that the provisions of this chapter shall not apply to the granting by ordinance of revocable licenses or privileges for side track or switch privileges, to railway companies, for the purpose of reaching and affording railway connection and switch privileges to the owners or users of any industrial plant, warehouse or mercantile establishment, it being the intention to permit the city to grant such revocable license or privilege to railway companies whenever, in its judgment, the same is expedient, necessary or advisable, and application for such a privilege is accompanied by the assent, in writing, of the owners of the major part of the frontage of the lots or tracts of land of the blocks fronting on each side of any street, or parts of a street, over or on which it is desired to lay or construct such side tracks or switches.
The manager shall provide and cause to be kept in the office of the clerk a franchise record, indexed and of proper form, in which shall be transcribed accurate and correct copies of all franchises and grants by the city to any person, persons or corporation, owning or operating any public utility. The index of said record shall give the name of the grantee, and thereafter the name of any assignee thereof.
The manager, by and with the approval of the mayor and council, shall have the right and power to issue revocable temporary permits and licenses to any person, association or corporation, operating under a franchise or grant from the city, for the purpose of temporarily making use of a part of the streets, avenues, alleys or other public places in the city, for the better carrying out of the object of the said franchise or grant, and as an aid for rendering better or more convenient service to the people of the city, or such of them to whom such service is, or might be, rendered within the contemplation of such franchise or grant; such license or permit to be subject to revocation or discontinuance at any time, in the discretion of the mayor and council, and shall be subject to such restrictions, limitations, burdens and regulations as the mayor and council may impose. The licensee or permittee of such license or permit, upon receiving notice from the manager of the revocation of such license or permit, shall forthwith remove any property or obstruction on, in, or under any street, alley, public place or building described in such notice; and upon failure to remove said property or obstruction immediately upon the receipt of such notice, the licensee or permittee of such license or permit revoked, and all other persons acting for or in behalf of such licensee or permittee, operating upon or using any street, avenue, alley or public place or building, for the operation or use of which the license or permit therefor is revoked, shall be considered and treated as trespassers, be removed therefrom, and shall be guilty of a misdemeanor.
Notwithstanding any other provisions of the Charter of the City of Tucson, and notwithstanding the limitation of the transaction privilege tax to one (1) percent in chapter IV, section 2 of said Charter,* the city may impose, levy and collect a tax in excess of one (1) percent of the gross income or gross value or gross proceeds of sales or the provision of services, to consumers or subscribers, for consumption or use within the corporate limits of the City of Tucson, by public utilities whether or not such public utilities are doing business under a franchise. Any franchise payments made by such a public utility to the city shall be credited toward the payment of any tax enacted hereunder.
(Ord. No. 3027, eff. 10-14-67)
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* Editors Note: Ch. 4, 2, was amended by Ord. No. 3346, 1. eff. 12-29-69, to increase the allowable tax from 1% to 2%.
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