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Section:
5.08.010 Persons eligible to exercise franchise.
5.08.015 Exceptions to franchise requirements.
5.08.020 Application.
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.
5.08.100 Term.
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)
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