The border vidette., 1926-08-21
PUBLIC UTILITIES

80. No franchise shall be granted extended renewed
by the city without the approval of majority of the qualified
electors residing within it's corporate limits voting thereon at
general special elecon and the Mayor and Board of Al
demen shall submit matter for approval sapprova to
such election general municipal election call special
election for such purpose at time thirty 30 days
notice. the Mayor and Board of Aldermen shall require,
expense thereof Ito be determined by the Mayor and
Adermen) shall be first deposited by the applicant
for such franchise with the City Clerk
1oO franchises privileges hereafter granted shall
plainly specify what particular streets, alleys
other public property the shall apply franchise
privilege shall hereafter be granted by the city in general
terms to apply to the city generally
101 Limited only by the Constitution Of the State of Ar
the to regulate the rates. fares and charges
public utility corporations hereby reserved to the people,
Aldermen the herein provided for initiating and
Any right or regulation shall further include the right to
require the uniform convenient and adequate service to the
public and reasonable of such service and of such
public utility works.
No franchise right privilege or license shall be
considered granted by ordinance except when granted
therein in plain and unambguous terms and and every
ambiguity shall be construed favor of the city and against
the claimant under such ordinance
1o3 Every ordinance granting franchise shall
issuing any by any corp
holding doing any business said franchise
ANY violation of the terms of this section shall at the option of
the city, operate forfeiture of said franchise.
The city shall have the right to license tele-
phones meters electric meters water meters other
SIMILAR device for measuring services also telephone tele-
raph electric light and power poles subways and wires The
said license tax shall be exclusive of and in addition to all
other taxes upon the property of the holder thereof
1O5. The Mayor and Board of Aldermen shall by ordi-
require under penalties railroad
elevate lower any of its tracks, running over along or
of the Streets alleys of the city, when
in the opinion of the Mayor and Board of Aldermen the
public safety convenience require.
106 The grant of franchise privilege shall be
subject the right of the city, whether in terms reserved
make all regulations which shall be
the most ample the safety welfare and accommoda
of the public including other things the right to
and enforce ordinances require and adequate
of the service of such grant, and to protect the pub
lie from danger inconvenience in the operation of work
authorized by the grant the franchise and the
right make and enforce all such regulations shall be
sonaby to adequate sufficient and
service and accommodations for the people and in
their comfort and convenience.
107. No exclusive franchise shall be granted and
franchise shall be renewed before three 3) prior to
It's expiration.
1oS. No franchise granted by the city shall be
leased assigned otherwise aenated without the express
signs the part of the city require the of
act payment of compensation by the lessee his
signs shall be deemed to operate as such consent
100. No extension enlargement of any franchise,
grant, rights previously granted to
on association Of shall be made except in
the and subject to all the conditions herein provided
this chapter for the making of original grants and fran
ches provided however that the provisions of this Chapter
shall apply the granting by ordinance of revocabe Ii
privileges for side track switch privileges to rail
companies for the of reaching and affordng rail-
way connection and switch privileges
any industrial plant warehouse mercantile establishment
being the intention permit the city to grant such revocabe
or privilege to railway companies whenever in it's udg
the expedent necessary advisable and app
cation for such privilege accompanied by the assent in
writing of the owners of the major part of the frontage of the
of land of the blocks fronting each side of any
street. parts of street. which desired to lay
or construct such side tracks switches.
ITO. The Mayor and Board of Aldermen shall have the
by ordinance to provide to incorporate in the
franchise privilege granted be granted suitable
visions for the of the tracks, poles other
of the corporation carrying the similar kind
Of busness providing however, for suitable compensation to
the of such property for the free thereof the
Mayor and Board of Aldermen shall deem proper
III. The Mayor and Board of Aldermen shall have gen.
eral supervision all corporations operating under franz
chses privileges granted them by the city, shall
each year demand and receive reports from all such
corporations covering the condition of the business the
earnings the earnings and the extent to which the fran
chse of corporation being exercised and shall
the right to appoint ) to inspect the
and property of said corporation for such and