The city shall have the power to buy, own, and sell, construct,
lease, maintain, operate and regulate public services and utilities
and to manufacture, distribute and sell the output of such services
and utility operations. The city shall not supply any utilities service
outside the city limits, except by a written contract. The city shall
have such regulatory and other power as may now or hereafter be granted
under the Constitution and laws of the State of Texas.
No franchise shall be granted for a term of more than 20 years
from the date of the grant, renewal or extension of any franchise.
No public service or utility franchise is transferable, except
with the approval of the city council. However, the franchisee may
pledge franchise assets as security for a valid debt or mortgage.
Franchises granted by the city are of no value in fixing rates
and charges for public services or utilities within the city and in
determining just compensation to be paid by the city for property
which the city may acquire by condemnation or otherwise.
In granting, amending, renewing and extending public service
and utility franchises, the city reserves unto itself all the usual
and customary rights, including, but not limited to, the following
rights:
(1) To repeal
the franchise by ordinance for failure to begin construction or operation
within the time prescribed, or for failure to comply with terms of
the franchise;
(2) To require
all extensions of service within the city limits to become part of
the aggregate property of the service and operate subject to all obligations
and reserved rights contained in this Charter. Any such extension
is considered part of the original grant and terminable at the same
time and under the same conditions as the original grant;
(3) To require
expansion and extension of facilities and services and to require
maintenance of existing facilities to provide adequate service at
the highest level of efficiency;
(4) To require
reasonable standards of service and quality of product and prevent
rate discrimination;
(5) To impose
reasonable regulations and restrictions to insure the safety and welfare
of the public;
(6) To examine
and audit accounts and records and to require annual reports on local
operations of the public service or utility;
(7) To require
the franchisee to restore, at franchisee's expense, all public or
private property to a condition as good as or better than before disturbed
by the franchisee for construction, repair or removal;
(8) To require
the franchisee to furnish to the city, from time to time within a
reasonable time following request of the city, at franchisee's expense
a general map outlining current location, character, size, length,
depth, height and terminal of all facilities over and under property
within the city and its extraterritorial jurisdiction; and
(9) To require
compensation, rent or franchise fees to be paid to the city as may
be permitted by the laws of the State of Texas.
The city shall have the power to license, levy and collect fees
in order to license any lawful business, occupation or calling subject
to control pursuant to the police powers of the State of Texas and/or
for any other purpose not contrary to the Constitution and laws of
the State of Texas.