§ 137. Miscellaneous provisions.

The council shall have the right by resolution to grant a temporary use of a street, alley, public way or public property for a period not to exceed two years and by ordinance, in the nature of a franchise, for a period not to exceed twenty-five years, and charge therefor such compensation annually as may be proper. The grants contemplated by this section do not include utility franchises as that term is generally understood. In this connection the council shall have the right to grant to the owner of property abutting upon the streets, or other property of the city, the use thereof or to go under or over the same in any manner which may be necessary or proper to the better enjoyment of said abutting property by the owner; provided, however, that such use be not inconsistent with, or does not unreasonably impair the public use to which said street or other property may be dedicated.

The council shall fix the terms and conditions of any such grant and the time for which the same shall exist. The right is expressly reserved to the city, acting through the council to terminate such grant when deemed inconsistent with the public use of the property of the city, or when the same may become a nuisance.