[R.O. 1996 § C-10.1]
All public 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 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.
[R.O. 1996 § C-10.2]
All franchises, whether it be so
provided in the ordinance or not, shall be subject to the right of
the City Council to:
1. Misuse And Nonuse. Repeal the same for
misuse or nonuse, or for failure to comply;
2. Efficiency. Require proper and adequate
extension of plant and service the maintenance thereof;
3. Non Discrimination. Establish highest practical
standards of service and quality of products and prevent unjust discrimination
in service or rates;
4. Audit Of Accounts. Make an independent
audit and examination of accounts at any time, and require reports
annually;
5. Service To Public. Require continuous and
uninterrupted service to the public in accordance with the terms of
the franchise throughout the period thereof;
6. Use Of Public Thoroughfares. Control and
regulate the use of the City streets, alleys, bridges and public places,
and the space above and below them;
7. Rates And Charges. Regulate rates, fares
and charges, and make readjustments thereof from time to time if the
same are not regulated by the State; and
8. Other Regulations. 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. 1996 § C-10.3]
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.
[R.O. 1996 § C-10.4]
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.