Except for franchises issued under state or federal law, the City Council shall have the power by ordinance to grant, amend, renew and extend, all franchises, both public and private, operating within the City of Lucas.
No grant to use the public right-of-way or property under ownership of the City shall be granted for a term of more than twenty (20) years from the date of the grant, renewal or extension of such franchise unless approved by citizens in accordance with this article. The City Council may, by a majority vote, seek approval from the voters by submitting all applications exceeding twenty (20) years to an election in accordance with State law. The prospective franchisee, not the City, shall fund the cost of said election.
(Ordinance 2021-05-00934, prop. Q, adopted 5/6/21)
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 and effectiveness;
(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.
(Ordinance adopting Code)
(1) 
The City Council has the power to fix and regulate the rates and charges of all utilities and public services, consistent with State law.
(2) 
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 or owned by the City be changed, the City Council shall call a public hearing for consideration of the change.
(3) 
The City, public service or utility must show the necessity for the change by any evidence required by the City Council, including but not limited to, the following:
(A) 
Cost of its investment for service to the City;
(B) 
Amount and character of expenses and revenues connected with rendering the service;
(C) 
Copies of any reports or returns filed with any state or federal regulatory agency within the last three (3) years; or
(D) 
Demonstration that the return on investment, if any, is within the state and federal limitations.
(4) 
If not satisfied with the sufficiency of evidence, the City 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.
(Ordinance adopting Code)
No public service or utility franchise is transferable, except with the approval of the City Council. However, the franchisee real or personal property may pledge franchise assets as security for a valid debt or mortgage.
(Ordinance adopting Code)
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.
(Ordinance adopting Code)