A. The city council pursuant to its charter, Sections 916 through 919, adopted by the voters in November 2000 (the "charter"), shall have the authority, without obligation, in conjunction with any applicable State or Federal law provisions, to grant a franchise, whether exclusive or nonexclusive, to a third-party service provider (whether currently operating under an existing franchise or not) for furnishing of the city or its inhabitants with transportation, communication, terminal facilities, water, light, heat, electricity, gas, power, oil pipelines, refuse services, refrigeration, storage or any other public utility or service, or using the public streets, ways, alleys and rights-of-ways, or for the operation of plants, works or equipment for the furnishing thereof, or traversing any portion of the city for the transmitting or conveying of any such services elsewhere. Any such grant of franchise shall be effective as approved by the city council and subject to the terms and conditions of the charter, this chapter and any franchise agreement executed between the city and the franchisee. Further, the city shall have the authority to require reasonable compensation as determined by the city council in the form of a franchise fee for the privilege granted by any franchise in accordance with this chapter.
B. The grant of a franchise shall, where appropriate, concomitantly act as a grant of license or easement to the franchisee in, on, over and across public rights-of-way to the extent such access is necessary and integral to the services or utilities to be provided by franchisee pursuant to its franchise agreement.
C. This chapter shall not apply to temporary or long-term encroachments which are governed under the provisions of Title 12 of this Municipal Code.
D. This chapter shall not apply to cable television providers (which are governed by Chapter 13.12 of this Municipal Code) or telephone companies.
E. No franchise requirement of the city shall apply to the city, nor any subdivision, department or division thereof.
F. That the city has imposed sufficient mechanisms in the franchise agreement to recover all costs in connection with the administration of the agreement and has imposed sufficient fees to recover for the benefit of the community a reasonable charge for the benefit received by the franchise for the use of the rights granted thereunder.
(Ord. 2009-08-1401 § 1(part), 2009)