Modesto |
Code of Ordinances |
Title 11. PUBLIC UTILITIES |
Chapter 2. PROCEDURE FOR GRANTING PUBLIC UTILITY FRANCHISES |
§ 11-2.22. Special Permit.
When the Council shall find that an emergency exists and that public convenience and necessity require it, and that by reason of such emergency the operation or performance of a utility service should be permitted before the securing of a franchise under this chapter is possible, the Council, by resolution, may grant to any applicant for a franchise under the ordinance a special permit to operate in the City.
No such special permit shall be granted for a period in excess of six (6) months; provided, however, that the Council may, by resolution, extend the term of such a special permit for such periods not to exceed six (6) months each as the public convenience and necessity may require.
Such special permit shall only be granted to an applicant for a franchise under this chapter, and after the filing of the application for a franchise as in this chapter provided.
An application for a special permit shall be filed in writing with the Council setting forth such information as will permit action thereon.
All such special permits shall be granted under the express condition that if a franchise is not granted and accepted, all work done under such special permit shall be removed immediately at applicant's expense and the streets or alleys or other public places affected by such work shall be placed in as good condition as before such work was done, all to the satisfaction of the City.
The Council may require, as a condition to the granting of such special permits, that a bond of a kind and in an amount determined by it shall be furnished by applicant conditioned upon the faithful performance of the terms and conditions of the permit and further conditioned that applicant shall prosecute diligently to completion all work thereunder including removal work as hereinbefore provided.
Applications for permits under this section shall be referred to the City Manager for recommendation and report in the manner provided in Section 11-2.04 hereof.
(Sec. 22, Ord. 1048-N.S.)