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.
