5.08.015 Exceptions to franchise requirements.

   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)

5.08.020 Application.

   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))

5.08.030 Filing fee and cash deposit required.

   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)

5.08.040 Investigation and recommendation by city manager.

   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)

5.08.050 Resolution of council to consider application.

   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))

5.08.060 Protest against granting franchise.

   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))

5.08.070 Public hearing - Decision of council.

   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))