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))

5.08.080 Franchise not effective until formally accepted by grantee.

   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))

5.08.090 Bond or security required of grantee.

   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))

5.08.100 Term.

   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))

5.08.105 Rights of individuals.

   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)