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)
Note: For Charter provisions regarding franchises, see Charter, Art. IX.
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)