No person, firm or corporation shall exercise any franchise right or privilege in the City for furnishing its inhabitants with transportation, communication, terminal facilities, water, light, heat, gas, power, video or any other public utility or service, except insofar as it may be entitled to do so, pursuant to state or federal law, unless it shall have obtained a grant therefore in accordance with the provisions of this article of this charter and in accordance with the procedure prescribed by ordinance. Nothing contained in this article shall be construed to invalidate any lawful franchise heretofore granted or to necessitate the obtaining of a new franchise for a use which a franchise holder shall have in a valid unexpired franchise. Nothing contained in this article shall be construed to apply to the City, or any department thereof, when furnishing any public utility or service, except that for purposes of accounting for the value of the occupation of public right of way, City-owned utilities may pay an in-lieu of franchise fee not to exceed four percent (4%) of total operating and capital expenditures to the City's general fund. All in lieu of franchise fee revenue received shall be budgeted and appropriated solely for police, fire, parks and recreation or library services.
(Amended by General Municipal Election on November 7, 2000; Amended by General Municipal Election on November 2, 2010)
Nothing in this article shall be construed as applying to or requiring the carriers of freight or passengers not operating over a fixed route, or other public utilities or services not specifically described in this article, to obtain a franchise to operate within the City unless required so to do by ordinance of the City of Roseville.
(Amended by General Municipal Election on November 2, 2010)
The exercise by any person, firm, or corporation of any privilege for which a franchise is required, without procuring such franchise, shall be a misdemeanor and each day that such condition continues to exist shall constitute a separate violation.
The council shall, by ordinance, prescribe the terms and conditions under which franchises will be granted, subject to the provisions of this charter, and the detailed procedure for granting franchises. Such ordinance shall provide:
a. 
For the publication of notice of franchise applications;
b. 
For protests against the granting of such franchises;
c. 
For the holding of public hearings on such applications;
d. 
For the publication of the ordinance granting the franchise in the manner provided for in Section 5.04 of this charter.
(Amended by General Municipal Election on November 7, 2000; Amended by General Municipal Election on November 2, 2010)
The council is empowered to 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 this charter and for such other purposes as are permitted by state law. The said ordinance shall prescribe the terms and conditions under which the franchise will be granted in accordance with the applicable provisions of this 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 or as the people, by initiative, indicate they desire to have so imposed.
No franchise shall be granted without reserving to the City adequate consideration for the privilege conferred.
The council may grant a franchise by ordinance or may, in its discretion, advertise for bids for the sale of a franchise upon a basis, not in conflict with the provisions of this charter to be set out in the advertisement for bids and notice of sale; provided, that no bidding shall be had or required upon any renewal of a franchise, surrender of existing franchise or parts thereof, or in settlement of litigation between the grantee and the City.
(Amended by General Municipal Election on November 7, 2000; Amended by General Municipal Election on November 2, 2010)
Every franchise shall be either for a fixed term not to exceed thirty (30) years, or for an indeterminate period. If for a fixed term, the franchise shall state the term for which it is granted. If for an indeterminate period, it shall set forth the terms and conditions under which it may be terminated; provided that each such franchise shall vest in the City the right, at any time upon six (6) months' notice in writing, to acquire and possess the property of the grantee. No exclusive franchise shall ever be granted.
(Amended by General Municipal Election on November 2, 2010)
No franchise grant shall in any way or to any extent impair or affect the right of the City to acquire the property of the grantee thereof either by purchase or through the exercise of the right of eminent domain, and nothing herein contained shall be construed to contract away or to modify or to abridge either for a term or in perpetuity the City's right of eminent domain with respect to any public utility. Every franchise grant shall reserve to the City the right to purchase the property of such utility upon six (6) months' written notice, either at an agreed price or a price to be determined in a manner to be prescribed in the grant, or in the manner prescribed by the procedural ordinance hereinabove mentioned. In fixing the price to be paid by the City for any utility, no allowance shall be made for franchise value (other than the actual amount paid to the City at the time of the franchise acquisition), good will, going concern, earning power, or increased value of right-of-way.
(Amended by General Municipal Election on November 2, 2010)
Every franchise shall provide all regulations necessary or proper to secure in the most ample manner the safety, accommodation, comfort, and convenience of the public. To this end, every franchise shall provide for the establishment of reasonable standards of service and quality of product and require proper and adequate extensions of plant or service and the maintenance thereof at the highest practical standard of efficiency.
Every franchise shall provide that the City shall, upon reasonable notice, have the right at any time, without liability or obligation to the grantee, to change the grade, location, alignment or use of any street, way, alley or place in, upon or over which the grantee has installed or operates facilities, equipment, lines or other devices.
(Amended by General Municipal Election on November 2, 2010)
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.
(Amended by General Municipal Election on November 2, 2010)
Every franchise shall reserve to the City the right to revoke the franchise at any time for nonuse, failure to begin construction within the prescribed time, or other violations of the terms of the franchise.
(Amended by General Municipal Election on November 2, 2010)
Every franchise shall provide for the establishment and adjustment of rates, fares, and charges for service, where not otherwise prohibited by state law.