§ 3-128. Granting of Franchises.  


Latest version.
  • (1)

    The Council shall have the power to grant franchises, privileges and permits, fixed or indeterminate, for the use of the streets and other public places for the furnishing of any service to the City or to its inhabitants subject to applicable state or municipal law. All franchises, privileges and permits and any renewals, extensions and amendments thereof, shall be granted only by ordinance. All such proposed ordinances shall be submitted to the Department of Utilities or its successor and it shall render to the Council a written report containing recommendations thereon.

    (2)

    Each such proposed ordinance granting a franchise, privilege, or permit, after having been introduced in the Council, shall be laid over and published once in full in the official journal. There shall then be published in the official journal once during each calendar week for the two successive weeks immediately following said publication in full, notices of intention, briefly describing the content of the proposed ordinance and citing where it can be seen. If any time during such period of publication, any citizen shall file notice with the Clerk of Council of a desire to be heard with respect to the proposed ordinance, it shall be the duty of the Council, after notice thereof in the official journal, to hold a public hearing thereon. After publication or public hearing as the case may be, the Council may approve, disapprove or amend the proposed ordinance. Should the Council desire to amend such proposed ordinance, it shall, before final passage, request the recommendation of the Department of Utilities or its successor with respect to the proposed changes. The Council shall not be bound by such recommendation and may act without it if it is not received within fifteen days from the date it is requested.

    (3)

    The City shall be reimbursed by the grantee for all costs of publishing the preliminary ordinance, notices of intention and public hearing, and final ordinance.

    (4)

    Should a proposed ordinance granting a franchise, privilege, or permit affect any portion of the Master Plan of the City Planning Commission, the Council shall before final consideration and passage request a recommendation from the City Planning Commission with respect thereto.