§ 45-57A-63.48 — Granting of Franchises

Alabama § 45-57A-63.48

• Jurisdiction: Alabama
• Title 45: Local Laws
• Ch. 57A: Russell County Municipalities
• Art. 6: Phenix City
• Part 4: Government
• Subpart 3: The Council

Text

Subject to any state law applicable to all municipalities or any federal law that provides otherwise, no resolution or ordinance, granting to any person, firm, or corporation any franchise, lease, or right to use the streets, public highways, thoroughfares, or public property of the city, either in, under, upon, along, through, or over same shall take effect and be enforced until 30 days after the final enactment of same by the council and publication of the resolution or ordinance in full once a week for three consecutive weeks in some newspaper published in the city, which publication shall be made at the expense of the persons, firm, or corporation applying for the grant. Pending the passage of any such resolution or ordinance or during the time intervening between its final passage, and the expiration of the 30 days during which publication shall be made as above provided, the legally qualified voters of the city, by written petition or petitions addressed to the council, may object to the grant, and if during such period such written petition or petitions signed by at least five percent of the legally qualified voters of the city shall be filed with the council, the council shall forthwith order an election, which shall be conducted by the election commission of the city or other body having charge of the conduct of municipal elections of the city at which election the legally qualified voters of the city shall vote for or against the proposed grant. In the call for the election, the resolution or ordinance making such grant shall be published one time at length and in full at the expense of the city in a newspaper published in the city. If a majority of the votes cast at the election shall be against the proposed grant, then and in those events, the resolution or ordinance shall not become effective nor shall it confer any rights, powers, or privileges of any kind; otherwise, the resolution or ordinance and the grant shall thereupon become effective as fully and to the same extent as if the election had not been called or held. If, as the result of the election, the resolution or ordinance shall be disapproved, then it shall be deemed null and void. But if as a result of the election the proposed grant shall be approved, the council shall adopt a resolution stating the fact of the approval, and the resolution, without further proceedings or advertisement, shall operate as the adoption of the proposed grant. No grant of any franchise or lease or right of user, or any other right in, under, upon, along, through, or over the streets, public highways, thoroughfares, or public property of any such city, shall be made or given nor shall any such rights of any kind whatever be conferred upon any person, firm, or corporation, except by a resolution or ordinance duly passed by the council at some regular or adjourned meeting and published as above provided for in this section; nor shall any extension or enlargement of any such rights or powers previously granted be made or given except in the manner and subject to all conditions herein provided for as to the original grant of same. It is expressly provided, however, that this section shall not apply to the grant of side track or switching privileges to any railroad or street car company for the purpose of reaching and affording railway connections, and switch privileges to the owners or users of any industrial plant, store, or warehouse; provided further that the side track or switch shall not extend for a greater distance than 1,320 feet, measured along the track or switch.

Legislative History

(Acts 1977, No. 71, p. 78, § 3.18; Act 2017–451, p. 1490, § 2.)