Article XI
FRANCHISES

Sections:

11.01    Exclusive Franchises Prohibited.

11.02    Franchises And Permits – Streets And Public Ways

11.03    Franchises – Bond

11.04    Franchises – Restrictions And Limitations

11.05    Renewals – Extensions

11.06    Procedure For Assignment Or Lease Of Franchise Rights

11.07    Term

11.08    Publication

11.01 Exclusive Franchises Prohibited.

No exclusive franchise or privilege shall be granted for the use of any street or other place or any part thereof.

11.02 Franchises And Permits – Streets And Public Ways

Subject to the provisions of this Charter, this City shall have authority to permit and regulate under such restrictions and conditions as it may set by ordinance and to grant nonexclusive franchises for the use of public streets, bridges or other public ways, structures or places above or below the surface of the ground for railroads and other routes and facilities for public conveyances, for poles, conduits, tunnels, towers and structures, pipes and wires and appurtenances thereof for transmission and distribution of electrical energy, signals and other methods of communication, for gas, steam and liquid fuels, for water, sewer and other private and publicly owned and operated facilities for public service. The power hereby granted shall be in addition to the franchise authority granted by general law to cities. No franchise shall be granted, renewed, amended or extended except by ordinance.

11.03 Franchises – Bond

The City Council may require a bond in a reasonable amount for any person or corporation obtaining a franchise from the City conditioned upon the faithful performance of the conditions and terms of the franchise and providing a recovery on the bond in case of failure to perform the terms and conditions of the franchise.

11.04 Franchises – Restrictions And Limitations

Every grant of a franchise right or privilege shall be subject to the right of the City Council, or the people of the City acting for themselves by initiative or referendum, at any time subsequent to the grant, to repeal, amend or modify the said grant with due regard to the rights of the grantee and the interest of the public; and to cancel, forfeit and abrogate any such grant if the franchise granted thereby is not operated in full accordance with its provisions, or at all; and at any time during the grant to acquire by purchase or condemnation, for the use of the City itself, all the property of the grantee within the limits of the public streets, at a fair and just value, which shall not include any valuation of the franchise itself, which shall thereupon terminate; and every ordinance making such grant shall contain a reservation of these rights of the City Council, and of the people of the City acting for themselves by initiative or referendum, to so repeal, amend or modify said ordinance, and to so cancel, forfeit and abrogate the grant, and to so acquire the property of the grantee in the public streets, as hereinabove set forth.

11.05 Renewals – Extensions

The City Council shall not consider or grant any application for the extension of the period of any franchise, nor any new franchise covering all or any substantial part of the rights or privileges of any existing franchise, until within 3 years of the expiration of the existing grant.

11.06 Procedure For Assignment Or Lease Of Franchise Rights

No franchise heretofore or hereafter granted by the City shall ever be leased, assigned, or otherwise alienated without the express consent of the City by ordinance, and no dealing with the lessee or assignee on the part of the City to require the performance of any act or payment of any compensation by the lessee or assignee shall be deemed to operate as such consent.

11.07 Term

No franchise shall be granted for a longer period than 25 years.

11.08 Publication

Proposed ordinances for the grant, extension, alteration or renewal of franchises shall be filed with the Finance Director and published once a week for 4 successive weeks in the City official newspaper before they shall be placed on first reading by the Council. Every applicant for a franchise shall bear all expenses of advertising the proposed ordinance.