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CHAPTER 10 <br />FRANCHISES <br />Section 10.01. Except as otherwise provided by state law, no person, firm or corporation <br />shall place or maintain any permanent or semi -permanent fixtures in, over, upon or under any street <br />or public place for the purpose of operating a public utility, or for any other purpose, without a <br />franchise therefor from the City. A franchise shall be granted only by ordinance, which shall not be <br />an emergency ordinance. No exclusive franchise shall be granted unless the proposed ordinance is <br />submitted to the voters of the City following a public hearing and approved by at least a majority of <br />those voting thereon. Every ordinance granting a franchise shall contain all the terms and <br />conditions of the franchise. The grantee shall bear the costs of publication of the franchise <br />ordinance and shall make a sufficient deposit with the City Administrator to guarantee publication <br />before the ordinance is passed. <br />Section 10.02. Term. No perpetual franchise or privilege shall be created, nor shall any <br />exclusive franchise or privilege be granted for a period of more than twenty-five years. <br />Section 10.03. Public Hearing. Before any franchise ordinance is adopted or any rates, <br />fares, or prices to be charged by a public utility are fixed by the Council, the Council shall hold a <br />public hearing on the matter. Notice of such hearing shall be published at least once in the City <br />Newsletter and in the official newspaper not less than ten days prior to the date of the hearing. <br />Section 10.04. Power of Regulation Reserved. Subject to any applicable state law, the <br />Council may by ordinance reasonably regulate and control the exercise of any franchise, including <br />the maximum rates, fares, or prices to be charged by the grantee. No franchise value shall be <br />included in the valuation of the grantee's property in regulating utility rates, fares, or prices under <br />any applicable state or municipal law, or regulation, or in proceedings for municipal acquisition of <br />the grantee's property by purchase or eminent domain. <br />Section 10.05. Renewals or Extensions. Every extension, renewal, or modification of any <br />existing franchise, or of any franchise granted thereafter, shall be subject to the same limitations and <br />shall be granted in the same manner as a new franchise. <br />25 <br />