§ 10.02. Franchise ordinances.

The council may grant franchises by ordinance adopted by an affirmative vote of four (4) of the five (5) council members, but in no case shall a franchise be granted by an emergency ordinance. Franchise rights shall always be subject to the superior right of the public to the use of streets and public places. All persons or legal entities requesting use of the streets or public places, inconsistent with the public's right in such places, or desiring the privilege of placing in, over, upon, or under any street or public place any permanent or semi-permanent fixtures shall be required to obtain a franchise before proceeding to make such use of the streets or public places or before proceeding to place such fixtures in such places. A franchise shall be required for the construction or operation of the following enterprises, which shall include but not be limited to: a street or other railways, telegraphing, or transmitting electricity, or transportation by pneumatic tubes, or for furnishing to the city or its inhabitants or any portion thereof, transportation facilities, water, light, heat, power, gas, cable television, or any other such utility, or for any other such purpose shall be required to obtain a franchise before proceeding to make such use of the streets of public places or before proceeding to place such fixtures in such places.

(Ord. No. 93-11, 8-23-93; Ord. No. 93-19, 1-10-94)