No person shall operate any water system, electric, telecommunication distribution system or gas distribution system over, under or upon any real property within the limits of the city, unless he or she shall have obtained a franchise therefor, pursuant to this chapter, except insofar as he or she may be entitled to do so by direct authority of the constitution or statutes of the state of Idaho or of the United States; provided, that nothing herein shall be construed to preclude a person presently operating such a system and holding a certificate of convenience and necessity therefor from operating such system within the territory to which said certificate pertains as of the date of enactment of this chapter. Where an existing electric, natural gas, telecommunication or water public utility exists, and no franchise has been applied for, the city, may adopt an ordinance creating such franchise. (Ord. 416, 5-21-2002)
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