[R.O. 1997]
All public utility franchises and
other franchises for the use of public right-of-way and public places
and renewals, extensions and amendments thereof shall be granted only
by ordinance. No such ordinance shall be adopted within less than
thirty (30) days after application has been filed with the City Council,
nor until a public hearing has been held. No exclusive franchises
shall be granted, and no franchise shall be granted for a longer term
than twenty (20) years. No such franchise or rights thereunder shall
be transferable directly or indirectly, except with the approval of
the City Council expressed by ordinance after a public hearing.
[R.O. 1997]
The City Council shall have the right
to regulate public franchises, whether or not it be so provided by
ordinance. The City Council may:
(a)
Repeal for misuse or nonuse, or for failure
to comply with the franchise agreement or any applicable ordinance
or other law;
(b)
Require proper and adequate extension of
plant and service and the maintenance thereof;
(c)
Establish highest practical standards of
service and quality of products and prevent unjust discrimination
in service or rates;
(d)
Make an independent audit and examination
of accounts at any time, and require reports annually;
(e)
Require continuous and uninterrupted service
to the public in accordance with the terms of the franchise;
(f)
Control and regulate the use of the City
streets, alleys, bridges and public places, and the space above and
below them;
(g)
Regulate rates, fares and charges and make
readjustments from time to time if the rates are not regulated by
the State;
(h)
Charge fees or rates for use of the public
right-of-way or property based upon any reasonable method of calculation;
and
(i)
Impose such other regulations from time
to time as may be determined to be conducive to the safety, welfare
and accommodations of the public, including the payment of utility
taxes or other charges as may be established.
[R.O. 1997]
Temporary permits for the operation
of public utilities or like permits for a period not to exceed two
(2) years but subject to being renewed for a period not to exceed
one (1) year and subject to amendment, alteration or revocation at
any time at the will of the City Council may be granted by ordinance
on such terms and conditions as the City Council shall determine.
Such permits shall in no event be construed to be franchises or extensions
or amendments of franchises.
[R.O. 1997]
Any operation by a franchise holder
with the tacit permission of the City, beyond the period for which
the franchise was granted, shall under no circumstances be construed
as a renewal or extension of such franchise. Any such operation shall
at most be regarded as a mere temporary permit subject, like other
permits, to amendment, alteration or revocation at any time at the
will of the City Council.
