All franchises, licenses, contracts, and leases of which the
Village is a party when this Charter becomes effective shall remain
in full force and effect in accordance with their respective terms
and conditions.
All public utility franchises granted after the adoption of
this Charter, whether provided in the granting ordinance or not, shall
be subject to the following rights of the Village:
A. To their termination for misuse, non-use, or failure to comply with
franchise provisions;
B. To require reasonable and adequate extension of plant and service
and plant maintenance at the highest practicable standard of efficiency;
C. To establish reasonable and practicable standards for service and
quality of products and to prevent unjust discrimination in service
or rates;
D. To require continuous and uninterrupted service to the public in
accordance with the terms of the franchise throughout its entire period;
E. To impose such other reasonable regulations as may be conducive to
the health, safety, and general welfare of the public;
F. To use, control, and regulate the use of its streets, alleys, and
public places and the space above and beneath them;
G. To require payment of franchise fees or rent for the use of the public
right-of-way, or other public places;
H. To require the franchisee to pay a part of the cost of improvement
or maintenance of the streets, alleys, and public places of the Village,
as shall arise from its use of them, and to hold the Village harmless
from and indemnify it against all damages and costs arising from its
use;
I. To require the franchisee to file with the Village drawings and maps
of the location and nature of its facilities, as the Council may request;
and
J. This enumeration of rights set forth in this section shall not be
exclusive nor impair the right of the Council to include in a franchise
any provision within the power of the Village to impose or require.
The grantee of a franchise may not sell, assign, sublet, or
allow another to use it, without written consent of the Council. Nothing
in this section shall limit the right of the grantee of any public
utility franchise to mortgage its property or franchise, nor to restrict
the rights of the purchaser, upon foreclosure sale, to operate the
same, except that such mortgagee or purchaser shall be subject to
the terms of the franchise and provisions of this Charter.
Competitive bids shall be obtained for the construction of any
public improvement or for the purchase of any materials according
to the Purchasing Policy as adopted or amended by the Village Council.