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)