Chapter 16 FRANCHISES*

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Cross references: Franchise ordinances, § 2-81; cable television licenses, ch. 5; industrial gas pipeline license, ch. 5A; telecommunications service providers, ch. 5B; streets and sidewalks, ch. 31.

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Sec. 16-1. Owners and operators of franchises to make reports; City Manager's right of entry and inspection.

Sec. 16-2. Right of City Manager to demand reports, entry and inspections.

Sec. 16-3. Penalty for failure to make reports and permit entry and inspection.

Sec. 16-4. Expense of publication of reports.

Sec. 16-1. Owners and operators of franchises to make reports; City Manager's right of entry and inspection.

(a) All persons owning or operating any business within the City under any franchise or privilege granted by the City shall be required to make annual reports in writing, at least ten days before the close of the fiscal year of the City, to the City Manager showing in detail the extent and manner of their operation under such franchise and their use of such franchise, together with their gross and their net earnings, and the kind and value of the property used and employed by them thereunder in such business.

(b) Such persons shall, in addition to the annual report herein required, make such additional and other reports from time to time as the City Manager may deem advisable and expedient and of them demand, and shall permit the City Manager and his appointees and agents to inspect, from time to time as the City Manager may deem necessary or advisable, all the properties owned by them and used and employed by them in and about the use of such franchise and privileges together with an inspection and examination of all books, records, papers and accounts kept by them in connection with such business.

(Code 1962, § 21-1)

Sec. 16-2. Right of City Manager to demand reports, entry and inspections.

(a) The City Manager is hereby authorized and empowered to demand and receive from any and all persons owning or operating any franchise or privilege under grant from the City, reports from time to time, giving in detail such information as to the manner and extent of the use and operation of any such franchise or privilege, as he may require for any municipal purpose.

(b) The City Manager is further authorized and empowered to require, demand and have, by himself and appointees and agents, access to and inspection of all the properties, books, records, papers and accounts of such persons at such times as he shall deem necessary, proper or advisable for any municipal purpose.

(Code 1962, § 21-2)

Sec. 16-3. Penalty for failure to make reports and permit entry and inspection.

Upon any person failing, neglecting or refusing to make any report as required in this chapter, or as demanded by the City Manager or failing to afford and permit access to and inspection of any of his properties, books, records, papers or accounts by the City Manager and his appointees and agents as provided in this chapter, the franchise or permit under which such person so refusing and neglecting is then operating shall be subject to forfeiture at the option of the City Council by such means or procedure as the City Council may determine to employ.

(Code 1962, § 21-3)

Sec. 16-4. Expense of publication of reports.

Wherever deemed necessary to publish, either in the official newspaper or in pamphlet form, any report made by any public utility or holder of any franchise within the City, the expense of such publication or printing shall be borne by such public utility or holder of a franchise.

(Code 1962, § 21-4)