The right of control and use of the public streets, highways, sidewalks, alleys, parks, public squares and public places of the city is hereby declared to be inalienable by the city except by ordinances not in conflict with the provisions of this Charter. The council shall have the power by ordinance to grant, renew and extend all franchises of all public utilities of every character operating within the city and, with consent of the franchise holder, to amend the same. No franchise shall be granted for an indeterminate term and no franchise shall be granted after the effective date hereof for a term of more than 25 years. No public utility franchise shall be transferred by the holder thereof except with the approval of the council expressed by ordinance.
(Amended at election of 5/7/94)
No ordinance granting, renewing, extending or amending a public utility franchise shall be effective until read and passed at two regular meetings of the council and shall not be finally acted upon until twenty (20) days after the first reading. Within five (5) days following the passage of such ordinance on first reading the full text thereof shall be published in the official newspaper of the city and the expense of such publication shall be borne by the prospective franchise holder.
(Amended at election of 5/7/94)
Every grant, renewal, extension or amendment of a public utility franchise, whether so provided in the ordinance or not, shall be subject to the right of the council:
(1) 
To declare, after a hearing, a forfeiture of any such franchise by ordinance for failure of the holder thereof to comply with the terms of the franchise. Such power shall be exercised only after written notice to the franchise holder stating wherein the franchise holder has failed to comply with the terms of the franchise and setting a reasonable time for the correction of such failure.
(2) 
To impose reasonable regulations to insure safe, efficient and continuous service to the public.
(3) 
To require such expansion, extension, enlargement and improvements of plants and facilities as are necessary to provide adequate service to the public.
(4) 
To require every franchise holder to furnish to the city, without cost to the city, full information regarding the location, character, size, length and terminals of all facilities of such franchise holder in, over and under the streets, alleys and other public property of the city and to regulate and control the location, relocation and removal of such facilities.
(5) 
To collect from every public utility operating in the city such proportion of the expense of repairing and maintaining public places of the city as represents the increased cost of such public places resulting from the occupancy of such public places by such public utility and such proportion of such operations as result from the damage to or disturbance of such public places caused by such public utility.
(6) 
To require every franchise holder to allow other public utilities to use its poles and other facilities, including bridges and viaducts, whenever in the judgment of the council such use shall be in the public interest; provided that in such event a reasonable rental shall be paid such owner of facilities for such use and further provided:
(a) 
That no franchise owner shall be required, under the purview of this subsection, to permit a public utility engaged in direct competitive business to use the facilities of such franchise holder.
(b) 
That the city shall not, under the purview of this subsection, impair the validity of existing contract between public utilities concerning the use of their respective facilities.
(c) 
That the city shall not, under the purview of this subsection, impair the enforcement by any such franchise holder of the usual accepted industry standards of safety regulations with respect to the use of facilities.
(7) 
To require the keeping of accounts in such form as will accurately reflect the value of the property of each franchise holder.
(8) 
To examine and audit at any time during business hours the accounts and other records of any franchise holder.
(9) 
To require reports on the operations of the utility in such form and containing such information as the council shall prescribe.
(Amended at election of 5/7/94)
The council shall have full power to regulate by ordinance the rates, charges and fares of every public utility franchise holder operating in the city and no such ordinance shall be passed as an emergency measure. Every franchise holder who shall request an increase in rates, charges or fares shall have the burden of establishing by clear, competent and convincing evidence, the value of its investments properly allocable to service in the city and the amount and character of its expenses and revenues connected with the rendering of such service. If the council is not satisfied with the sufficiency of the evidence so furnished, it shall be entitled to call upon such public utility for the furnishing of additional evidence. If the council is still not satisfied with the sufficiency of the evidence furnished by such utility, the council shall have the right to select and employ rate consultants, auditors and attorneys to conduct investigations, present evidence, advise the council and conduct litigation on such requested increase in rates, charges or fares; and said utility shall reimburse the city for one-half its reasonable and necessary expense thereby incurred. No public utility franchise holder shall institute any legal action nor contest any rate, charge or fare fixed by the council until such franchise holder shall have filed with the city an application for a rate change specifically setting out each change in rate sought by such application and until the council shall have acted upon such rate change or until the expiration of 90 days from the date such application is filed, whichever event first occurs.
(Amended at election of 5/7/94)