(a) If the Council finds that granting the franchise is expedient and proper, the Council may grant such franchise for such compensation as it, after considering the recommendations of the County Executive, finds proper, for a period not longer than 25 years. If the franchise allows the location of a permanent structure with a useful life substantially longer than 25 years in the County right-of-way, the initial term of the franchise may exceed 25 years.
(b) At the option of the Council, the approved franchise may allow the grantee to renew the franchise, after a fair revaluation, including the value, if any, derived from the franchise or renewals, for one or more terms that each do not exceed another 25 years.
(c) Every grant of any franchise must provide, by forfeiture of the grant, for compelling compliance with its terms and to secure efficiency of public service at reasonable rates and the maintenance of the property in good condition, throughout the grant. Each grant must also specify:
(1) the mode of determining any valuation and revaluation under this Article,
(2) the time limit to exercise the rights given, and
(3) the procedure for default for a lapse of the franchise.
(d) When any construction authorized by a County franchise or permit is finished, each franchisee must submit a full set of as-built drawings to the Director of Permitting Services. The required drawings must be submitted in a hard copy format maintained by the franchisee in the ordinary course of business and in an electronic format acceptable to the Director. The required drawings must show in detail the exact as-built location of any facility installed in a County right-of-way. The Director must keep the required drawings confidential and distribute them only to another County Department which needs them to perform essential construction, maintenance, regulatory, or security functions. (Mont. Co. Code 1965, § 24-17; 1910, ch. 484, § 177W; 1912, ch. 790, § 477; 1912, ch. 109, § 177W; 1971 L.M.C., ch. 3, § 10; , § 1.)
Editor’s note—Section 49-21, formerly Section 49-12, was renumbered, amended, and retitled pursuant to 2007, ch. 8, § 1. Former Section 49-21 was renumbered Section 49-14 pursuant to 2007, ch. 8, § 1.
Editor’s note—Former Section 49-21A was renumbered Section 49-16 pursuant to 2007, ch. 8, § 1.
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