In addition to the City's power to buy, own, construct, maintain, and operate utilities within or without the City limits, and to manufacture and distribute electricity, gas, or anything else that may be needed or used by the public, the City shall have further power as may now or hereafter be granted under the Constitution and laws of the State of Texas.
The right of control and use of the public rights-of-way, streets, highways, sidewalks, alleys, parks, public squares, and public places of the City is hereby declared to be inalienable by the City, and only subject to valid limitations imposed by the Constitution and laws of the State of Texas. No act or omission by the City Council or any officer or agent of the City shall be construed to grant, renew, extend, or amend, expressly or by estoppel or implication, any right, franchise, or easement affecting said public rights-of-way, streets, highways, sidewalks, alleys, parks, public squares, public places, and other real property, except as provided in this Charter or ordinance adopted in accordance herewith.
All ordinances granting, amending, renewing, or extending franchises for public utilities shall be read at two separate regular meetings of the City Council. Subsequent to the first reading of such ordinance but prior to the second reading, a descriptive caption of the ordinance shall be published twice in the official newspaper or other medium of the City. The expense of all such publications shall be borne by the proponent of the franchise.
No public utility franchise shall be transferable except to persons, firms, or corporations taking all or substantially all of the holder's business in the City and except with the approval of the City Council at a publicly held meeting.
In fixing reasonable rates and charges for utility service within the City and in determining the just compensation to be paid by the City for public utility property which the City may acquire by condemnation or otherwise, nothing shall be included as the value of any franchise granted by the City under this Charter.
The City Council shall, to the extent and in the manner authorized by law, have full power to regulate the rates, charges, and fares of every public utility franchise holder operating in the City.
The consent of abutting and adjacent property owners shall not be required for the construction, extension, maintenance, or operation of any public utility; but nothing in this Charter or in any franchise granted thereunder shall ever be construed to deprive any such property owners of any right of action against such public utility for damage or injury to their property as now or hereafter provided by law.
All extensions of public utilities within the City limits shall become a part of the aggregate property of the public utility, shall be operated as such, and shall be subject to all the obligations and reserved rights contained in this Charter and in any original grant hereinbefore made. The right to use and maintain any extensions shall terminate with the original grant. In case of an extension of public utility operated under a franchise hereafter granted, such right shall be terminable at the same time and under the same conditions as the original grant.
All franchises heretofore granted are recognized as contracts between the City and the grantee, and contractual rights as contained in any such franchises shall not be impaired by the provisions of this Charter. All franchises granted by the City shall be subject to the general powers of the City to regulate the rates and services of public utilities, which shall include the right to require adequate and reasonable extension of plant and service and the maintenance of the plant fixtures at the standard necessary to render the highest reasonable quality of utility service to the public. Every public utility franchise hereafter granted shall be held subject to all the terms and conditions contained in the various sections of this article whether or not such terms are specifically mentioned in the franchises. Nothing in this Charter shall operate to limit in any way the discretion of the City Council in imposing terms and conditions as may be reasonable in connection with any franchise grant, including the right to require such compensation or rental as may be permitted by the laws of the State of Texas. The City Council shall have authority to adopt by ordinance such additional requirements and limitations pertaining to the use of the public rights-of-way, streets, highways, sidewalks, alleys, parks, public squares, and other public places as are deemed reasonably necessary to protect the public health, safety, and welfare. The use of such public places by public utilities or private persons shall be subject to the predominant rights and authority of the City to maintain such public places for the benefit of the citizens and the public. Any use of such public places that is deemed to interfere with the City's predominate control of such places shall be eliminated at the user's sole expense. Notwithstanding the above, the power of the City to exercise the right of eminent domain in the acquisition of any private or public utility property is in all things reserved.
The City Council may approve licenses, permits, or other grants of permission for persons or entities to occupy public rights-of-way, streets, highways, sidewalks, alleys, parks, public squares, and public places for purposes reasonably required for business operations or necessary for permissible enjoyment of adjacent properties. The City Council shall establish reasonable fees for the granting of such use and permission. The granting of any such license, permit, or permission shall not be deemed a franchise as otherwise provided in this article, and shall be terminable by the City Council in the public interest.