[CC 1988 §2-8; Ord.
No. 2898 §1, 5-6-1988]
A.
No
initial ordinance granting any franchise, lease, right or privilege
in or under the streets, public thoroughfares or public places of
the City shall go into effect or become operative or vest any right
in the grantee or grantees, unless such grant shall first be approved
by a majority of the voters voting at a municipal election at which
the proposed grant is properly submitted. Any renewal or extension
thereof shall be subject to voter approval of the majority of the
voters voting on the question, pursuant to the provisions of Section
88.251, RSMo.
B.
No
ordinance or amendment or modification thereof granting any non-exclusive
franchise, lease, right or privilege for not to exceed twenty (20)
years in or under the streets, public thoroughfares or public places
of the City shall go into effect or become operative or vest any right
in the grantee or grantees, except upon the prior compliance with
the following conditions:
1.
Before final passage of the ordinance, or amendment or modification
of ordinance, by the Council, the City Clerk shall prepare a notice
of a public hearing thereon and cause it, along with a true copy of
the ordinance, including the full text of the franchise under consideration,
to be published once a week for four (4) consecutive weeks in a daily
newspaper or for four (4) consecutive weeks in a weekly newspaper
if no daily newspaper is published in the City, the first (1st) publication
to be at least thirty (30) days before, and the last publication within
ten (10) days of, the date fixed by the City Council for the public
hearing.
2.
The notice shall give the date, time and place of the public hearing
and shall contain a statement of the substance and effect of the proposed
ordinance, and a further statement that the ordinance, or amendment
or modification of the ordinance, as introduced, or a true copy thereof,
may be inspected and copied at the office of the City Clerk during
regular business hours.
3.
The public hearing shall be at a regular, adjourned or called meeting
of the City Council at which all interested persons will be heard
in person or by attorney.
4.
The City Council may at any time, before or after the public hearing,
submit the proposed franchise, lease, right or privilege to an election
by the voters for their approval.
5.
The provisions of this Subsection shall not apply in the granting
of any franchise, lease, right or privilege to any utility regulated
by the Public Service Commission of the State of Missouri.
C.
Any
ordinance, however, may be amended or modified by the Council of the
City as to streets, alleys or public places already occupied and used
by any person, persons or corporation by and under a franchise then
in existence and only as to such streets, alleys or public places
used and occupied by such person, persons or corporation under a franchise
then in existence, when such modification or amendment is necessary
to enable such person or corporation to enlarge, better or improve
its facilities, equipment, material or structure above, upon or beneath
such streets, alleys, public thoroughfares or public places then used
and occupied by such person or corporation by and under a franchise
then in existence for the purpose of removing or overcoming hinderances
to public service. The City Council shall have the right to grant
to any railroad company the right to construct switches or spur tracks
to industrial plants or warehouses.
