The right of control or use of city public property can be transferred
only by ordinance. No act or omission by the city council or by any
officer or agent of the city shall be construed to grant, renew, extend,
or amend any right, franchise, or easement affecting city public property,
except in accordance with this charter.
The city council may grant, renew, or extend franchises of public
utilities operating in the city. Franchises may be amended by the
council, with the agreement of the franchise holder. All franchises
shall be for a definite term of not more than twenty years.
An ordinance granting, renewing, extending, or amending a public
utility franchise shall be read at three consecutive regular city
council meetings. Final action shall not occur until at least twenty-eight
days after first reading. Within ten days after first reading of the
ordinance, the caption of the ordinance and a statement indicating
where and how to obtain copies of the full ordinance shall be published
on the city’s official website or other electronic media that
is readily accessible to the public.
Any transfer or assignment of a public or private utility franchise
shall not be effective until approved by ordinance of the city council.
The city council has the right to regulate the grant, renewal,
extension, or amendment of public utility franchises in the following
manner, regardless of whether the ordinance granting the franchise
provides for it:
1. Forfeiting
the franchise by ordinance for failure of the franchise holder to
comply with the terms of the franchise. Before exercising this right,
the council shall provide written notice to the franchise holder stating
how the holder has failed to comply and shall set a reasonable time
for correcting the failure. Forfeiture will occur only after a hearing
and expiration of a reasonable time for correction.
2. Imposing
reasonable regulation to ensure safe, efficient, and continuous service
to the public.
3. Requiring
expansion, enlargement, and improvement of plant and facilities necessary
to provide adequate service to the public.
4. Requiring
franchise holders to furnish, at no cost to the city, full information
regarding the location and precise description of all the holder’s
facilities in, over, or under the city and regulating and controlling
the location, relocation, and removal of the facilities.
5. Collecting
from public utilities in the city a proportionate part of increased
city cost of operations and services attributable to the utility’s
occupancy or use of public property and required as a result of damage
to or disturbance of public property caused by the utility and compelling
the utility to make and bear the cost of repairs or other operations
made necessary by the utility’s occupancy or use of, or damage
to or disturbance of, public or private property.
6. Requiring
one franchise holder to allow other holders to use its facilities,
if the city council considers that joint use is in the public interest.
The owner may impose reasonable terms of joint use and be paid a reasonable
rental by the other holders; however, the inability of franchise holders
to agree on terms and rentals shall be an excuse for failure to comply
with a joint use requirement.
7. Requiring
franchise holders to keep records that accurately reflect the value
of their own or other property used in rendering its service to the
public and that reflect the franchise holder’s expenses, receipts,
and profits of all kinds.
8. Examining
and auditing the franchise holder’s accounts and other records.
9. Requiring
reports on the utility’s operations, in the form and containing
the information directed by the city council.
No grant, renewal, or extension of a franchise to construct,
maintain, or operate a public utility shall be exclusive.
The city council may regulate the operation, services, rates,
charges, and fares of public utilities operating in the city by ordinance
and in accordance with state and federal law. Rates may only be adopted
after reasonable notice and hearing.