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10-04-1979 Draft Charter
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10-04-1979 Draft Charter
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Last modified
8/23/2018 3:15:26 PM
Creation date
8/23/2018 3:15:23 PM
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MV Misc Documentation
Date
10/4/1979
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be granted only by ordinance, which shall not be an emergency ordinance. No ex- <br /> clusive franchise shall be granted unless the proposed ordinance is submitted to <br /> the voters of the city following a public hearing and approved by at least a majority <br /> of those voting thereon. Every ordinance granting a franchise shall contain all the <br /> terms and conditions of the franchise. The grantee shall bear the costs of publi- <br /> cation of the franchise ordinance and shall make a sufficient deposit with the clerk- <br /> administrator to guarantee puilication before the ordinance is passed. <br /> Sec. 10.02. Term. No perpetual franchise or privilege shall be created, nor <br /> shall any exclusive franchise or privilege be granted for a period of more than <br /> twenty-five years. <br /> Sec. 10.03. Public Hearing. Before any franchise ordinance is adopted or any <br /> rates, fares, or prices to be charged by a public utility are fixed by the council, <br /> the council shall hold a public hearing on the matter. Notice of such hearing shall <br /> be published at least once in the official newspaper not less than ten days prior to <br /> the date of the hearing. <br /> Sec. 10.04. Power of Regulation Reserved. Subject to any applicable state law, <br /> the council may by ordinance reasonably regulate and control the exercise of any <br /> franchise, including the maximum rates, fares, or prices to be charged by the grantee. <br /> No franchise value shall be included in the valuation of the grantee's property in <br /> regulating utility rates, fares, or prices under any applicable state or municipal <br /> law, or regulation, or in proceedings for municipal acquisition of the grantee's <br /> property by purchase or eminent domain. <br /> Sec. 10.05. Renewals or Extensions. Every extension, renewal, or modification of <br /> any existing franchise, or of any franchise granted thereafter, shall be subject to the <br /> same limitations and shall be granted in the same manner as a new franchise. <br /> -28- <br />
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