(A) Franchise required. Except as otherwise provided by law, no person, sole proprietorship, partnership, corporation or other business entity, profit or non-profit, shall transmit, furnish, deliver or receive, or cause to be transmitted, furnished, delivered or received, electric energy consumed within the city limits for light, power, heat and/or other purposes for public and/or private use within and through the limits of the city, or place or maintain any permanent or semi-permanent fixtures in, over, upon, or under any street or public place for the purpose of operating a public utility or transmitting, furnishing, delivering or receiving, or causing to be transmitted, furnished, delivered or received, electric energy or for any other purpose, except pursuant to a franchise from the city. A franchise shall be granted only by ordinance. Every ordinance granting a franchise shall contain all the terms and conditions of the franchise. The grantee shall bear the costs of publication of the franchise ordinance, and shall make a sufficient deposit with the City Clerk to guarantee publication before the ordinance is passed.
(B) Term. No perpetual franchise or privilege shall ever be created, nor shall any exclusive franchise or privilege be granted for a period of more than 15 years.
(C) Franchise fee. As a part of any franchise ordinance adopted, the city may impose upon the grantee a franchise fee set by resolution of the City Council. The franchise fee shall be expressed as a specified charge per kilowatt hour of electric energy transmitted, furnished, delivered or received, which fee shall be set by the City Council and imposed upon each kilowatt hour of electric energy transmitted, furnished, delivered or received within the city. The franchise fee may be amended by resolution from time to time; however, no amendment shall be adopted until after at least 30 days written notice enclosing such proposed amendment has been served upon the grantee by certified mail. The franchise fee may not be changed more often than once in each calendar year.
(D) Severability. If any portion of this ordinance is found to be invalid for any reason, the validity of the remainder shall not be affected.
(E) Effective date. This ordinance shall become effective from and after its passage and publication.
(Ord. 900.303, passed 12-10-2002)