[R.O. 2009 §5.30.025; Charter 9.1; Ord.
No. 5489 §III, 12-02]
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
therefore has been filed with the 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 Council expressed by
ordinance after a full public hearing.
[R.O. 2009 §5.30.026; Charter 9.2; Ord.
No. 5489 §III, 12-02]
A.
All public
utility franchises, whether they 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 non-use or for failure to comply therewith;
or shorten the term thereof for failure to comply with the provisions
of this Section (and regulations adopted in accordance with this Section)
or with the provisions of the franchise ordinance.
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.
[R.O. 2009 §5.30.027; Ord. No. 5489 §III, 12-02]
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 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.
[R.O. 2009 §5.30.028; Ord. No. 5489 §III, 12-02]
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 Council.
