It is the purpose and intent of the city council in enacting this chapter to protect the public's welfare in the city's capacity as caretaker of the public rights-of-way and/or provider of public utility services. This chapter is further intended to establish nondiscriminatory procedures for the granting of franchises to use and occupy the public rights-of-way and/or provide public utilities and services. The requirement for franchise agreements shall enhance the safety and ongoing maintenance of the city's rights-of-way and the quality of public services while ensuring a uniform procedure that provides equal treatment for members of the public. The city has the authority to manage public property through its police power and other statutory and constitutional powers granted to municipalities. The authority and procedures contained herein are intended to preserve the city's responsibility to control and protect the public from unsatisfactory public service providers and to maintain the city's ability to demand a fair rate of compensation in exchange for the grant of franchise rights and use of public rights-of-way, while establishing procedures to treat franchise applicants fairly in the interest of due process.
(Ord. 2009-08-1401 § 1(part), 2009)