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A. Non-Discrimination. The city shall require that its franchisees and grantees shall not discriminate against any person in access to or provision of services in any manner on the basis of race, sex, color, age, national origin, religion, ethnic derivation, citizenship status, physical or mental disability, medical condition, AIDS/HIV status, genetic information, political activities or affiliations, military and veterans status, sexual orientation, gender identity, or marital status, unless exempted by state or federal law or otherwise indicated.
B. Equal Employment Opportunity. The franchisee or grantee shall strictly adhere to the equal employment opportunity requirements of federal, state and local authorities, as amended from time to time.
(Ord. 2451 §2)
The council may fix and determine in the ordinance granting the franchise the amount of franchise payments which shall be made by the grantee to the city. Such amount may be upon a fixed fee basis or upon a gross annual receipts basis. If upon a gross annual receipts basis, the council shall fix a percentage in the ordinance that shall be paid annually by the grantee.
As part of the consideration for the granting of each franchise, the grantee shall agree to pay the price or payments fixed by the council. In determining the consideration to be paid by the grantee, the council shall have the right to take into consideration any benefits (other than franchise payments) to the city and its inhabitants, giving weight to such factors as:
A. Extensions of service;
B. Improvement of services;
C. Surrender of existing franchise or parts thereof;
D. Settling litigation between city and grantee;
E. Performance of specific franchise obligations; and
F. Any other similar beneficial factors.
Where the council has fixed a percentage of gross receipts to be paid for the exercise of grantee’s franchise, and where the operations of the grantee extend beyond the territorial boundaries of the city, the council shall have the right to allocate such percentage payments so that such grantee shall pay only for its operations, for which a franchise is required, within the city.
(Prior code §10A.11 (Ord. 702 §11))
When the council shall find that an emergency exists and that public convenience and necessity require it and that by reason of such emergency the operation or performance of the public utility service should be permitted before the securing of the franchise under this chapter is possible, the council by resolution may grant to any applicant for a franchise under the ordinance a special permit to operate in the city.
No such special permit shall be granted for a period in excess of six months; provided, however, that the council may by resolution extend the term for such a special permit for such periods not to exceed six months each as the public convenience and necessity require.
The application for a special permit shall be filed in writing with the council, setting forth such information as will permit action thereon.
Such special permit may be granted to an applicant for a franchise under this chapter and after the filing of the application for a franchise as in this chapter provided.
In granting special permits, the council may require as conditions to the granting thereof any special requirements that the council may deem necessary in the public interest, including the requirement of the furnishing of a bond for the condition upon the performance of the terms and conditions of the permit.
(Prior code §10A.12 (Ord. 702 §12))