All utilities, franchised or otherwise, shall be subject to the City's police power to manage, maintain and govern the public rights-of-way within the corporate city limits.
(Ordinance 01-850, sec. 3, adopted 2/27/01)
A. 
Any ordinance granting, renewing, extending or amending a public service or utility franchise must be read at two separate meetings of the Council and shall not take effect until thirty days after the final reading. Within fifteen days following each reading of the ordinance, a summary of the ordinance shall be published in the official newspaper of the City. The expense of such publication shall be borne by the prospective franchisee.
B. 
At its discretion, the Council may grant, renew or extend a franchise for a term not to exceed twenty years.
C. 
No franchise may be exclusive.
No public service or utility franchise is transferable, except with the approval of the Council. The franchisee may pledge franchise assets as security for a valid debt or mortgage.
No value shall be assigned to any franchise granted by the City in fixing reasonable rates and charges for utility service within the City or determining the just compensation to be paid by the City for public utility property which it may acquire by condemnation or otherwise.
The City shall have the power to license, levy and collect fees in order to license any lawful business or occupation subject to control pursuant to the enforcement powers of the State of Texas and for any other purpose not contrary to the Constitution and laws of the State of Texas.
In granting, amending, renewing and extending public service utility franchises and licenses, 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 the franchisee's expense, all public or private property to a condition as good or better than before disturbed by the franchisee for construction, repair or removal;
(8) 
to require the franchisee to furnish to the City, within a reasonable time, at the 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;
(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.
(10) 
[Repealed.]
(Ordinance 01-850, sec. 3, adopted 2/27/01)
A. 
The Council has the power to fix and regulate the rates and charges of all utilities and public services, consistent with State statutes.
B. 
Upon receiving written request from a utility or public service requesting a change in rates, or upon a recommendation from the City that rates for services provided by the City be changed, the Council shall call a public hearing for consideration of the change.
C. 
Any ordinance granting a rate change must be read at two separate meetings of the Council and shall not take effect until thirty days after the final reading. Within fifteen days following each reading of the ordinance, a summary of the ordinance shall be published once in the official newspaper of the City. The expense of such publication shall be borne by the prospective franchisee.
D. 
The City, public service or utility must show the necessity for the change by any evidence required by the Council in accordance with normal and customary rate making policies.
E. 
If not satisfied with the sufficiency of evidence, the Council may hire rate consultants, auditors and attorneys to investigate and, if necessary, litigate requests for rate changes, the expense of which shall be reimbursed to the City by the franchisee.