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5.08 Franchises - Generally
5.13 Franchises - Digital Infrastructure and Video Competition Act of 2006
5.14 Franchises - Yard Debris Collection and Compost Program
Article I Purpose
Article II Definitions
Article III Grant of Franchise
Article IV Regulation of Franchise
Article V General Financial and Insurance Provisions
Article VI Operation of Franchise
Article VII Collection of Fees
Article VIII Miscellaneous Provisions
5.16 Solid Waste Collection, Removal, Disposal, Processing and Recycling
5.24 House-to-House Peddling and Soliciting
5.28 Vehicles for Hire
Article I General Provisions
Article II Owners of Vehicles for Hire
Article III Drivers of Vehicles for Hire
Article IV Vehicle for Hire Permit
Article V Administrative Review
5.36 Bingo Games
5.38 Food Facilities
5.40 Regulation of Security Alarm Systems
5.41 Regulation of Fire Alarm Systems
NOTE: Footnotes are numbered throughout the text and are located at the end of this title.
5.08.010 Persons eligible to exercise franchise.
5.08.015 Exceptions to franchise requirements.
5.08.030 Filing fee and cash deposit required.
5.08.040 Investigation and recommendation by city manager.
5.08.050 Resolution of council to consider application.
5.08.060 Protest against granting franchise.
5.08.070 Public hearing - Decision of council.
5.08.080 Franchise not effective until formally accepted by grantee.
5.08.090 Bond or security required of grantee.
5.08.105 Rights of individuals.
5.08.110 Council to determine payments due city from grantee.
5.08.120 Special permits - Term - Application - Conditions for granting.
Except as hereinafter provided, no person shall exercise in the city any franchise right or privilege mentioned in Article XII of the Charter of the city except such person as may be otherwise entitled to do so by law, unless such person shall have obtained a grant therefor in accordance with the provisions of this chapter and of the applicable provisions of the Charter. Nothing herein contained shall be constructed to invalidate any lawful franchise heretofore granted, nor necessitate the obtaining of a new franchise for a use for which a franchise holder shall have a valid unexpired franchise.
(Prior code §10A.1 (Ord. 702 §1, Ord. 1353 §1))
A. Nothing in this chapter shall apply to the granting of permits by the council to any railroad for the construction and operation of spur, lead or side tracks along any street, avenue or highway in the city for the purpose of connecting the facilities of any business, warehouse or industry with the line of any railroad.
B. Nothing in this chapter shall require a person, firm or corporation operating a CATV system under a valid franchise granted pursuant to Chapter 5.12 of this code to have an additional franchise granted pursuant to this chapter in order to use the public streets, ways and places for the operation of a pay TV system.
(Ord. 1353 §2)
An applicant for a franchise shall file with the city manager an application which shall state:
A. The name of the applicant;
B. The purpose and term, whether definite or indeterminate, for which this franchise is desired;
C. A limitation as to time, place or type of services proposed by the applicant;
D. Any other terms or conditions that the applicant may desire, including surrender of existing franchises or parts thereof, or claims to such franchises or proposals to settle any litigation or controversies between the applicant and the city;
E. Such other information as is deemed necessary by the city manager.
(Prior code §10A.2 (Ord. 702 §2))
Every application for a franchise shall be accompanied by a filing fee in such amount or amounts as shall be determined by the council and adopted by resolution thereof. In addition thereto, there shall be deposited with the city a cash deposit in such amount as shall be determined by the city manager as a fund out of which to pay all expenses in connection with the application. If the city manager later finds the deposit insufficient to pay such expenses, the city manager may require the applicant to make an additional deposit in an amount sufficient to cover the estimated expenses. The amount so deposited shall be retained until the franchise is granted or until the council determines not to grant the franchise. Whereupon the remainder, if any, of the amount deposited, except the filing fee, shall be returned after payment therefrom of all expenses incurred by the city in connection with the advertising, engineering, legal and clerical work, and the awarding of the franchise.
(Prior code §10A.3 (Ord. 702 §3, Ord. 845 §11), Ord. 2268)
The city manager shall investigate the application so made and make a written report to the council recommending either for or against the granting of such franchise. If, in the judgment of the city manager, the franchise applied for should not be granted, the city manager shall so report, stating the reasons therefor; and if in the city manager’s judgment the franchise should be granted, the city manager shall recommend the terms and conditions upon which the same should be granted.
(Prior code §10A.4 (Ord. 702 §4), Ord. 2268)
Upon receipt of the recommendation of the city manager, the council, if it desires to consider the granting of the franchise, shall pass a resolution declaring its intention to consider the application fixing, stating or declaring the following:
A. Name of applicant;
B. Character of the franchise;
C. Term of franchise (whether definite or indefinite);
D. That copies of the proposed franchise may be obtained in the office of the city clerk;
E. The day, hour and place when and where any and all persons may appear before the council and be heard;
F. Direct the city clerk to give notice of time and place fixed for such hearing by causing a copy of such resolution of intention to be published once in the official newspaper of the city at least ten days before the day fixed for such hearing.
(Prior code §10A.5 (Ord. 702 §5))
At any time not later than the hour set for the hearing, any person interested may make written protest stating objections against the granting of such franchise. Such protest must be signed by the protestant and delivered to the city clerk.
(Prior code §10A.6 (Ord. 702 §6))
At the time set for the hearing, the council shall proceed to hear the matter and may adjourn such hearing from time to time. After concluding the public hearing the council shall proceed to deny such franchise or to grant the same by ordinance adopted in the manner prescribed by the Charter.
(Prior code §10A.7 (Ord. 702 §7))
Any franchise granted hereunder shall not become effective until written acceptance thereof shall have been filed by the grantee thereof with the city clerk. Such acceptance shall be filed within thirty days after the ordinance granting the franchise becomes effective, unless the time is extended by the council.
By its acceptance of any franchise, the grantee shall covenant and agree to perform and be bound by each and all of the terms and conditions proposed by the franchise ordinance.
(Prior code §10A.8 (Ord. 702 §8))
The council may require the grantee of any franchise to provide such bond or security as it deems the public interest requires.
(Prior code §10A.9 (Ord. 702 §9))
The term of the franchise shall be such as is limited by the council in the franchise ordinance.
(Prior code §10A.10 (Ord. 702 §10))
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))