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 Irving
 Code of Ordinances
 Part I. THE CHARTER
 Article III. CORPORATE POWERS

  § 18. Franchises.  

Latest version.

  • (a)

    The right to control easement, use and ownership and title to the streets, highways, public thoroughfares and property of the city, its avenues, parks, bridges and all other public places and property, are hereby declared to be inalienable except by ordinance duly passed by a majority of all members of the city council, and no grant of any franchise or lease, or right to use the same, either on, through, along, across, under or over the same, by any private corporation, association or individual shall be granted by the city council for a longer period than thirty (30) years unless submitted to the vote of the legally qualified voters of the city-provided, however, that when any application is made for any grant of franchise, lease, right or privilege by any person or corporation, if requested by the applicant, the council shall submit it, at an election called for that purpose, the expense of which shall be borne by the applicant, and if the majority of the votes cast at said election shall be in favor of making the grant as applied for, said grant shall be made for a term of years as specified in the ordinance calling said election.

    (b)

    The city council may, of its own notion, submit all of such applications to an election at which the people shall vote upon the propositions therein submitted, the expense of such election in all cases to be borne by the applicant.

    (c)

    No franchise shall ever be granted until it has been approved by a majority of the city council, after having been read in full at three (3) regular meetings of the city council, nor shall any such franchise, grant or privilege ever be made unless it provides for adequate compensation or consideration therefor to be paid to the city.

    (d)

    Every such franchise or grant shall make adequate provision, by way of forfeiture of the grant or otherwise, to secure efficiency of public service at reasonable rates and to maintain the property devoted to the public service in good repair throughout the term of grant of said franchise.

    (e)

    No franchise grant shall ever be exclusive.

    (f)

    The city council may prescribe the forms and methods of the keeping of accounts of any grantees under franchise, provided that the forms and methods of keeping such accounts have not already been prescribed by a state or federal agency.

(Ord. No. 889)