City of Creve Coeur, MO Article XII Franchises

Section 12.1 Granting of Franchises.

[Ord. No. 1129 §1(Prop. 7), 12-16-1985]

All public utility franchises and all 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 therefor has been filed with the city council, nor until a full public hearing has been held thereon. No exclusive franchises shall ever be granted, and no franchise shall be granted for a longer term than twenty (20) years. No such franchise shall be transferable directly or indirectly, except with the approval of the city council expressed by ordinance after a full public hearing.

Section 12.2 Right of Regulation.

[Ord. No. 1129 §l(Prop. 7), 2-16-1985]

All public utility franchises, whether it be so provided in the ordinance or not, shall be subject to the right of the city council to:

(a) Repeal the same for misuse or non-use, or for failure to comply therewith.

(b) Require proper and adequate extension of plant and service and the maintenance thereof at the highest practicable standards of efficiency.

(c) Establish reasonable 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 throughout the entire period thereof.

(f) Control and regulate the use of the city streets, alleys, bridges, and public places, and the space above and beneath them.

(g) Regulate rates, fares and charges and make adjustments thereof from time to time if the same are not regulated by the state.

(h) Impose such other regulations from time to time as it may determine to be conducive to the safety, welfare and accommodation of the public, including the requirement that utility taxes shall be paid on a monthly basis.[1]

[1] Except as otherwise provided by law.

Section 12.3 Revocable Permits.

[Ord. No. 1129 §1(Prop. 7), 12-16-1985]

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 only 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.

Section 12.4 Operation Beyond Franchise Period.

[Ord. No. 1129 §l(Prop. 7), 12-16-1985]

Any operation of a public utility 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.