Note: For Charter provisions regarding franchises, see
Charter, Art. IX.
Franchises in the city shall be granted upon the following procedure
set out in this chapter, subject to the provisions of the Charter
of the city.
(Prior code § 2.9)
Applications for franchises under this chapter shall state the
following information:
A.
The
name and address of the applicant;
B.
The
purpose and term whether definite or indeterminate, for which the
franchise is desired;
C.
A brief
description of the nature and extent of the operations contemplated
by the applicant.
(Prior code § 2.10)
The application for a franchise under this chapter shall be
filed with the city clerk, together with a nonrefundable fee as established
by resolution adopted by the city council, as amended from time to
time.
(Prior code § 2.11; Ord. 2596 § 1, 1992; Ord. 5800 § 1, 2017)
Upon receipt of an application for a franchise and the fee therefor,
the city clerk shall place such application on the agenda for the
city council.
The applicant shall have the right to appear and be heard at
such meeting of the city council, at which time the terms and conditions
of the franchise applied for shall be discussed.
(Prior code § 2.12; Ord. 2596 § 1, 1992)
In those cases where the council determines to advertise for
bids, such advertising shall be forthwith arranged for in the usual
manner and in compliance with customary procedure. Upon receipt of
an acceptable bid, and in those instances where the council is precluded
from advertising for bids or determines that it is not in the best
interest of the city to advertise for bids, the council shall cause
to be published in the usual manner a notice of the franchise application
setting forth the proposed franchise and a notice of the time and
place for a public hearing at least ten days after publication.
(Prior code § 2.13; Ord. 2596 § 1, 1992)
Any interested party may file a protest against the granting
of a franchise, either in writing or orally, before or at the public
hearing provided for in this chapter.
(Prior code § 2.15)
The council may grant by ordinance, to any person, firm or legally
authorized corporation, whether operating under an existing franchise
or not, a franchise to use the public streets, ways, alleys and places,
as the same now or may hereafter exist, for the purposes described
in Section 9.01 of the Charter of the city and for such other purposes
as are permitted by state law. Such ordinance shall prescribe the
terms and conditions under which the franchise will be granted in
accordance with the applicable provisions of the City Charter and
any ordinances adopted pursuant thereto, and may in such franchise
impose such other and additional terms and conditions not in conflict
therewith as in the judgment of the council are in the public interest.
(Prior code § 2.16)
Notwithstanding any provision in this chapter to the contrary, a franchise to operate a refuse hauling service shall be granted in accordance with the provisions of Chapter 9.17.
(Ord. 2633 § 1, 1992; Ord. 6013 § 2, 2018)
