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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))
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))
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