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 Council, nor until a public hearing
has been held thereon. No exclusive franchise 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 Council expressed by ordinance after
a public hearing.
All public utility franchises, whether it be so provided in
the ordinance or not, shall be subject to the right of the Council
to:
(1)
Repeal the same for misuse or nonuse, or for failure to comply therewith.
(2)
Require proper and adequate extension of plant and service and the
maintenance thereof at the highest practicable standards of efficiency.
(3)
Establish reasonable standards of service and quality of products,
and prevent unjust discrimination in service or rates.
(4)
Make an independent audit and examination of accounts at any time,
and require reports annually.
(5)
Require continuous and uninterrupted service to the public in accordance
with the terms of the franchise throughout the entire period thereof.
(6)
Control and regulate the use of the City streets, alleys, bridges,
and public places, and the space above and beneath them.
(7)
Regulate rates, fares and charges and make readjustments thereof
from time to time if the same are not regulated by the State.
(8)
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.
Temporary permits for the operation of public utilities, or
like permits for a period not to exceed two (2) years but subject
to amendment, alteration, or revocation at any time at the will of
the Council may be granted only by ordinance on such terms and conditions
as the Council shall determine. Such permits shall in no event be
construed to be franchises, or extensions or amendments of franchises.
Any operation of a public utility by a franchise holder 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 Council.
