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CHAPTER 10 <br /> FRANCHISES <br /> Section 10.1. Except as otherwise provided by state statutes, no person, form or corporation <br /> shall place or maintain any permanent or semi-permanent fixtures in, over, upon or under any <br /> street or public place for the purpose of operating a public utility, or for any other purpose, <br /> without a franchise therefore from the city. A franchise shall be granted only by ordinance, <br /> which shall not be an emergency ordinance. No exclusive franchise shall be granted unless the <br /> proposed ordinance is submitted to the voters of the city following a public hearing and approved <br /> by at least a majority of those voting thereon. Every ordinance granting a franchise shall contain <br /> all the terms and conditions of the franchise. The grantee shall bear the costs of publication of <br /> the franchise ordinance and shall make a sufficient deposit with the r to <br /> guarantee publication before the ordinance is passed. <br /> Section 10.2. 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 10.3. Public Hearing. Before any franchise ordinance is adopted or any rates, fares, or <br /> 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 <br /> newsletter and in the official newspaper not less than ten days prior to the date of the hearing. <br /> Failure to publish said notice or any defect in said notice shall not invalidate the notice. <br /> However, correction(s)must be published at the earliest practical time. <br /> Section 10.4. Power of Regulation Reserved. Subject to any applicable state statutes, the <br /> council may by ordinance reasonably regulate and control the exercise of any franchise, <br /> including the maximum rates, fares, or prices to be charged by the grantee. No franchise value <br /> shall be included in the valuation of the grantee's property in regulating utility rates, fares, or <br /> prices under any applicable state or municipal law, or regulation, or in proceedings for municipal <br /> acquisition of the grantee's property by purchase or eminent domain. <br /> -- Section 10.5. 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 <br /> and shall be granted in the same manner as a new franchise. <br /> 20 <br />