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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)
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