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CHAPTER 10 <br />FRANCHISES <br />Section 10.01. Except as otherwise provided by state law, no person, firm or corporation shall <br />place or maintain any permanent or semi -permanent fixtures in, over, upon or under any street or <br />public place for the purpose of operating a public utility, or for any other purpose, without a franchise <br />therefor from the City. A franchise shall be granted only by ordinance, which shall not be an <br />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 conditions <br />of the franchise. The grantee shall bear the costs of publication of the franchise ordinance and shall <br />make a sufficient deposit with the City Administrator to guarantee publication before the ordinance <br />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, fares, <br />or prices to be charged by a public utility are fixed by the Council, the Council shall hold a public <br />hearing on the matter. Notice of such hearing shall be published at least once in the City Newsletter <br />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 included <br />in the valuation of the grantee's property in regulating utility rates, fares, or prices under any applicable <br />state or municipal law, or regulation, or in proceedings for municipal acquisition of the grantee's <br />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 />24 <br />