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
therefor has been filed with the Council, nor until a full public
hearing has been held thereon. No exclusive franchise 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 it 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;
(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;
(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.
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.