City of Wildwood, MO
St. Louis County
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Table of Contents
Table of Contents
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.
The City Council shall have the right to regulate public franchises, whether or not it be so provided by ordinance. The City Council may:
Repeal for misuse or nonuse, or for failure to comply with the franchise agreement or any applicable ordinance or other law;
Require proper and adequate extension of plant and service and the maintenance thereof;
Establish highest practical standards of service and quality of products and prevent unjust discrimination in service or rates;
Make an independent audit and examination of accounts at any time, and require reports annually;
Require continuous and uninterrupted service to the public in accordance with the terms of the franchise;
Control and regulate the use of the City streets, alleys, bridges and public places, and the space above and below them;
Regulate rates, fares and charges and make readjustments from time to time if the rates are not regulated by the State;
Charge fees or rates for use of the public right-of-way or property based upon any reasonable method of calculation; and
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.
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.
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.