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 Athens
 Code of Ordinances
 Part I. HOME RULE CHARTER
 Article IX. FRANCHISES

  § 9.03. Regulation of franchise.  

Latest version.

  • Every grant, renewal, extension or amendment of a franchise, whether so provided in the ordinance or not, shall be subject to the right of the city council:

    (a)

    To declare by ordinance, after a hearing, a forfeiture of any franchise for failure of the holder thereof to comply with the terms of the franchise; but this power shall be exercised only after written notice to the franchise holder stating how the franchise holder has failed to comply with the terms of the franchise and setting a reasonable time for the correction of such failure;

    (b)

    To impose reasonable regulations to insure safe, efficient and continuous service to the public;

    (c)

    To require expansion, extension, enlargement, and improvements of plants and facilities as are reasonable and necessary to provide adequate service to the public;

    (d)

    To require every franchise holder to furnish to the city free of charge full information regarding the location, character, size, length, and terminals of all facilities of such franchise holder in, on, over, and under the streets, alleys, and other property of the city and to regulate and control the location, relocation, and removal of such facilities.

    To require every franchise holder to allow other public utilities to be its poles and other facilities, including bridges and viaducts, whenever in the judgment of the council such use shall be in the public interest, provided that in such event reasonable terms of use may be imposed and a reasonable rental shall be paid such owner of facilities for such use. Provided further, that inability of such franchise holder to agree upon terms of use and rentals for such facilities shall not be an excuse for failure to comply with such requirements by the council.

    (e)

    To collect from every franchise holder operating in the city the increased expense of repairing and maintaining public places of the city resulting from the occupancy thereof by such franchise holder and the proportion of such expense resulting from the damage to or disturbance of public places caused by such franchise holder;

    (f)

    To require the keeping of accounts in such form as will accurately reflect the value of the property in the city of each franchise holder;

    (g)

    To examine and audit at any time during business hours the accounts and other records of every franchise holder;

    (h)

    To require reports on the operations of all franchise holders in such form and containing such information as the city council shall prescribe.

(Approved at referendum 8-13-94)