Grass Valley Municipal Code Art. XII Franchises

The council may grant a franchise to any person, partnership, corporation, by other legal entity capable of exercising the privilege conferred, whether operating under an existing franchise or not, and may prescribe the terms, conditions, and limitations of such grant, including the compensation to be paid in the city therefor. The council may prescribe by ordinance or resolution the method or procedure for granting franchises, together with additional terms and conditions for making such grants. In the absence of such provision the method provided by the general laws of the state shall apply.

Before granting any franchise, the city council shall adopt a resolution declaring its intention to grant same and stating the name of the proposed grantee, the character of the proposed franchise, and the terms and conditions upon which it is proposed to be granted. Such resolution shall fix and set forth the day, hour, and place when and where any person having an interest in or objecting to the granting of such franchise may appear before the council and be heard thereon. Said resolution shall be published at least once, not less than ten days prior to the hearing, in an adjudicated newspaper in the city. After hearing all persons desiring to be heard, the council may by ordinance or resolution deny or grant the franchise on the terms and conditions specified in the ordinance or resolution. No ordinance granting a franchise shall be adopted as an emergency ordinance. A franchise adopted by resolution shall be subject to referendum just as if adopted by ordinance.

No franchise shall be granted for a longer period than twenty-five years, unless:

(a) there be reserved to the city the right to take over at any time the works, plant, and property constructed under the grant at their physical valuation and without compensation for franchise or good will; or

(b) The council shall determine by a ⅘ vote that a term of up to 50 years is in the best interest of the City.

No franchise grant shall in any way, or to any extent, impair or affect the right of the city to acquire the property of the grantee either by purchase or through the exercise of the right of eminent domain including, without limitation, property of any public utility.