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.1 I ( I I I I Charter. Utilities and Franchises - Section 12-3 public. It shall not include any person, firm or corporation owning or operating sidetracks or switches for the accommodation of manufactur- ing plants and business houses, or private tele- phone I ines, and shall not include municipally- owned lltilities. Sec. 12-4. Present franchises. All franchise ordinances of the City in effect at the time that this Charter is adopted shall remain in full force and effect according to their provisions and terms until the expiration date provided in such ordinances. I I I I I I I I I I II I I Sec. 12-5. Franchises granted upon vote. No franchise shall be granted except upon the majority vote of the qualified tax-paying electors voting thereon at a general or special election called for that purpose. Such election shall be held within ninety days after deposit with the City Clerk of the expense (to be determined by the City Clerk) of such submission by the appli- cant for such franchise. Sec. 12-6. Term, compensation, restriction. No franchise shall be granted for a period longer than twenty years, or without reserving to the City such fair fee arising from the use thereof as shall be fixed in the grant of such franchise. This compensation shall not exempt the grantee or his assignees from any lawful assessment upon his property or from other tax not related to the franchise privilege, or pertain- ing to the physical operation thereof, but shall exempt the grantee or his assignees from any occupancy tax, license, tax, permit charge, or similar tax on the privilege of doing business or in connection with the physical operation thereof, as shall be fixed in the grant of any franchise. The franchise fee establ ished by ordinance shall be paid as provided and be sub- ject to mutual periodic renegotiation and failure to pay such fee shall result in forfeiture of fran- chise at the option of the Council. Supp. 3 Sec. 12-7. Railroad tracks and crossings. Council may require by ordinance and by fair apportionment of the cost, subject to arbitration, any 'railroad or other transportation system to elevate or lower any of its right of way or tracks running over, under, along or across any public thoroughfare; and to construct and maintain all street crossings, bridges, viaducts or other con- veniences in good condition with proper approaches and safety devices. Sec. 12-8. Extension of territory. With respect to any franchis{:, after negotia- tion or mutual agreement, the Council may by ordinance extend the area to include streets, alleys or public places and property not embraced in such franchise when public con- venience and necessity requires, subject to all the terms and conditions of such original fran- chise, and co-extensive with th,e terms thereof without a vote of the qualified taxpaying elec- tors. Sec. 12-9. Revocable licenses. ' After public hearing, Council by ordinance may grant a license, revocable for cause, to lay sidetracks and switches along' or across any public thoroughfare, in accord~mce with stan- dards and procedures to be adopted by Council. Sec. 12-10. Revocable permits. Council may grant permits for the temporary use or occupation of any street, alley or public place. Such permits shall bi~ revocable by Council at any time whether or not the right is expressly reserved in the permit. Sec. 12-11. Condemnation 0[' purchase. The right of the City to construct, purchase or condemn any public utility, work or way, as provided by the Colorado Constitution and stat- utes, is expressly reserved. C-24