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.
All public utility franchises, whether they be so provided in
the ordinance or not, shall be subject to the right of the council
to:
a. Repeal the same for misuse or nonuse, 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.
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 readjustments 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.
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.
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.