No person shall use any space above or under the surface of any street, sidewalk or other public ground in the city, or construct, maintain or utilize any structure of any character thereupon or thereunder, without first obtaining a franchise to do so in the manner and mode provided by the charter and the provisions of this division.
(1970 Code, sec. 27-77; 1988 Code, sec. 29-101)
Every applicant for a franchise required by this division shall submit a plan, drawing or map showing the exact amount of space above or under any sidewalk, street or other public ground which the applicant desires to use and the manner and mode of construction he proposes for the protection and safety of the surface, whether it be sidewalks, streets, public grounds or adjacent and contiguous properties or structures. The applicant shall set out in detail the kind and character of material to be used for covering, supports, walls, floors and general construction work in the interest of public safety.
(1970 Code, sec. 27-78; 1988 Code, sec. 29-102)
No superstructure or excavation erected or made under the provisions of this division shall extend beyond the limits or boundaries fixed by the city council in granting the franchise, and never, under any circumstances, shall such a superstructure or excavation be permitted to extend so near the surface of any sidewalk, street or other public ground as to impair or injure the safe, free and uninterrupted use of the same by the general public.
(1970 Code, sec. 27-79; 1988 Code, sec. 29-103)
The acceptance of any franchise by any applicant under the provisions of this division shall expressly bind the applicant, his successors, assigns, administrators and executors:
(1) 
To pay rental as specified in the franchise;
(2) 
To keep and maintain the premises and the surface of the sidewalk, street or public ground underneath, over and adjoining the same in good repair and in safe condition for safe and uninterrupted use by the general public, during life of franchise or use of same; and
(3) 
To indemnify the city against any and all claims and actions for damage to any person or property growing out of or arising from the use of such premises under the franchise, or any damage or injury resulting to any person by reason of the impairment of the safe and uninterrupted use by the general public of the whole of the surface of such street, sidewalk or public ground.
(1970 Code, sec. 27-80; 1988 Code, sec. 29-104)
No franchise granted under this division shall be transferable or assignable, unless the assignee or transferee shall assent in writing to all the provisions of this division and consent to such transfer or assignment is given by the city council. A failure to file such written assent by the assignee or transferee within thirty (30) days from the date of the transfer or assignment of the property involved shall, without any further action on the part of the council, revoke the franchise and authorize the city manager to proceed to remove any structure and close the space occupied or take any other steps he may deem necessary for the purpose.
(1970 Code, sec. 27-81; 1988 Code, sec. 29-105)
No franchise granted under this division shall preclude or prevent the city from appropriating to its use, at any time, any portion or all of the space covered by such franchise, when it may be needed for corporate purposes, by giving thirty (30) days’ notice of such intention, and by deducting from any rental received a sum commensurate with the space required for corporate use.
(1970 Code, sec. 27-82; 1988 Code, sec. 29-106)