§ 121.21 FRANCHISE REQUIRED.
   (A)   A franchise shall be granted only by ordinance. Every ordinance granting a franchise shall contain all the terms, and conditions, of the franchise, except to the extent reserved by the Council, by this subchapter, or any other city code provision, or by law for the public health and safety. The grantee shall bear the costs of publication of the franchise ordinance, and shall make a sufficient deposit with the City Clerk-Treasurer to guarantee publication before the ordinance is passed.
   (B)   Except pursuant to a franchise granted by the city, it is unlawful for any person to:
      (1)   Operate a public electric utility, or perform any one, or more, of the traditional functions of a public electric utility, including, but not by way of limitation, producing, transmitting, furnishing, or delivering electric energy, or causing to be produced, transmitted, furnished, or delivered electric energy for light, power, heat, or other purposes, to, or for, the public, or to, or for, any one, or more persons within the corporate limits of the city;
      (2)   Place, or maintain, any permanent, or semi-permanent, lines, wires, or fixtures in, over, upon, or under any street or public place within the corporate limits of the city for the purpose of operating a public electric utility, or performing any one, or more, of the traditional functions of a public electric utility, including, but not by way of limitation, producing, transmitting, furnishing, or delivering, or causing electric energy to be produced, transmitted, furnished, or delivered, or for any other purpose to, or for, the public, or to, or for any one, or more, persons;
      (3)   Interconnect, or cause an interconnection, between any electric transmission or distribution system, wherever located, and any building, structure, or facility of any kind within the city for the purpose of delivering, or causing the delivery, of electric energy for the benefit of the owner, the user, or occupant thereof; or
      (4)   Receive electric energy within the city from any person not a franchisee by the city, except upon payment to the city of a franchise fee, as provided herein.
(Prior Code, § 2.63) Penalty, see § 10.99