§ 26.01. When Required.

A franchise shall be required when any person shall construct or maintain any wire, pole, conduit, pipe, track or structure, except service connections to the same belonging to customers, over, under or on any street or alley or property of the city, which is intended to remain there for a period of more than six (6) months, or when any person shall engage in a public service business. "Public service" as used in this chapter refers to those services which, by their nature, are necessary and convenient to the public generally and are usually and customarily, though not always, furnished to the people of a community without competition from others, such as the furnishing of regular transportation, communications, water, electricity, gas, sewerage and the like. Provided, however, that this chapter shall not apply to the utilities commission, or to any business which the laws of the state or of the United States may permit without a franchise from the city. And provided further, that nothing in this chapter shall be construed to authorize any person to build, construct or maintain any object or structure on, over or under any street, alley or property of the city, or to obstruct, excavate, fill or alter the same without a permit when required by law or ordinance, or exempt any person from any tax or obedience to any ordinance which the city has lawfully made.

(Code 1948, § 40.04; Ord. of 11-3-1986, Doc. #20735; Ord. of 10-26-1987, Doc. #21589)