The Director of the Department of Public Works, appointed by
the City Manager in accordance with the provisions of this charter,
shall be a college graduate or a person with sufficient practical
experience in the field of public works.
(Prop. No. 24, 1970; Prop. No. 13,
2005; Prop. C, 2023)
No public utility now belonging, or which may hereafter belong
to the City of Greenville, shall ever be sold or disposed of, unless
the proposition to sell same shall be submitted to a vote of the electorate,
and the Mayor shall issue a call for such election by giving 20 days’
notice thereof in some daily paper published in the City of Greenville,
which said call shall specify definitely the proposition of sale and
the terms thereof, and the name of the purchaser, and no such sale
shall be made unless a majority of those voting in such election shall
vote to sell said utility.
It shall be the duty of the Mayor, upon the petition of 300
or more qualified voters of the City of Greenville, to order an election
as above specified. But no such election shall be ordered on petition
unless petitioners shall file with the petition a sworn statement
stating out the terms of sale and the name of purchaser. Said statement
shall be sworn to by at least three of the petitioners and be accompanied
by a certified check of the proposed purchaser in the sum of $1,000
or 1% of the amount of the offer by such proposed purchaser, whichever
is greater, which said check shall be forfeited to the City of Greenville
in the event that such election is carried by a vote of a majority
of the qualified voters voting at said election and said purchaser
shall fail to comply with the terms of said sale.
(Prop. No. 25, 1970)
The ownership, right of control and use of streets, highways,
alleys, parks, public places and all other real property of the City
of Greenville is hereby declared to be inalienable to said City of
Greenville, except by ordinances passed by vote of the simple majority
of the governing body of the city, as hereinafter provided; and no
franchise or easement involving the right to use same, either along,
across, over or under the same, shall ever be valid, unless expressly
granted and exercised in compliance with the terms hereof, and of
the ordinances granting the same. No act or omission of the City of
Greenville, its governing body, officers, or agents shall be construed
to confer or extend by estoppel or indirection, any right, franchise
or easement not expressly granted by ordinance.
The City of Greenville shall have the power, subject to the
terms and provisions hereof, by ordinance, to confer upon any person
or corporation, the franchise or right to use the property of the
City of Greenville, as defined in the preceding paragraph, for the
purpose of furnishing to the public any general public service, including
power, or other utilities within the said city and its suburbs, over
the streets, highways and property of said city, or for any other
purposes whereby a general service is to be furnished to the public,
for compensation or hire, to be paid to the franchise holder; whereby
a right to, in part, appropriate or use the streets, highways or other
property of the City of Greenville is necessary or proper; and generally
to fix and regulate the rates, tolls and charges of all public utilities,
of every kind, operating within the corporate limits of the City of
Greenville, that is not otherwise regulated by a state or federal
agency; provided that no franchise shall be granted by the said City
of Greenville to any person, firm or corporation to own, control or
operate waterworks therein.
Upon demand of the City of Greenville, any holder of a franchise
granted by the City of Greenville shall be required to immediately
remove and/or relocate any transmission line or other physical obstruction
from the City’s right of way, easement, street, and all other
real property which is owned or subject to the control of the City
to facilitate the City’s installation, repair, maintenance,
and/or removal of any essential City service, including but not limited
to water lines, sewer lines, roads, highways, streets, and electric
lines. Such removal and/or relocations shall commence at the time
demanded by the City and shall be completed within a reasonable period
of time, and shall in every case be accomplished at the sole cost
of the franchise holder, and using labor supplied by the franchise
holder. Should the franchise holder fail or refuse to remove and/or
relocate the obstruction as provided herein, the City may remove the
obstruction and charge any and all costs associated with the removal
to the franchise holder. Should the franchise holder refuse to pay
all costs associated with the removal within thirty (30) days of the
date of the City’s demand for payment, the City shall immediately
revoke the franchise of the franchise holder.
(Prop. No. 14, 2005; Prop. No. 20,
2013; Prop. G, 2018)
No grant, renewal, or extension of a franchise or privilege
to construct, maintain, or operate a public utility shall be exclusive.
No such grant shall commence at any time after six (6) months
subsequent to the taking effect of the ordinance granting the same.
No franchise or privilege shall be directly or indirectly extended
beyond the term originally fixed by the ordinance granting the same,
except as provided by the terms of the city charter.
No franchise or privilege shall be transferred, leased, or assigned,
except by city ordinance.
(Prop. No. 9, 2010)
The City of Greenville shall have the power by ordinance to
grant any franchise or right mentioned in the preceding sections hereof.
A person or business requesting a franchise must make application
to the city and the franchise application shall be published in the
official newspaper of the city. Not less than ten (10) days prior
to the first reading, the ordinance describing the terms and condition
of the franchise shall be published in the official newspaper of said
city. There shall be a public hearing prior to each reading of the
franchise ordinance. Such ordinance shall not be passed finally until
its third and final reading. Each reading shall be at three (3) separate
regular meetings of the City Council of the City of Greenville, the
last day of which shall take place not less than thirty (30) days
from the first. No ordinance granting a franchise shall pass any reading
except by a vote of the simple majority of the City Council, and such
ordinance shall not take effect until sixty (60) days after its adoption
on its third and final reading; provided, however, that if at any
time before such ordinance shall finally take effect a petition shall
be presented to the City Council signed by at least ten percent (10%)
of the bona fide qualified voters of the City of Greenville, the City
Council shall submit the question of the granting of said franchise
to a vote of the qualified voters of the city at the next authorized
uniform election for which notice may be given in compliance with
state law.
Notice of such election shall be published at least 20 days
successively in the official newspaper of the city prior to the holding
of said election. Ballots shall be used briefly describing the franchise
to be voted on and the terms thereof and containing the words, "For
the granting of a franchise," and "Against granting a franchise."
The vote shall be canvassed by the governing body, and should it result
in a majority of those voting thereon casting their votes "For the
granting of a franchise," then by order entered in its minutes, the
City Council shall so declare and said franchise shall at once take
effect. But should a majority of such votes be cast "Against granting
a franchise," as ascertained by the City Council, then said City Council
by order entered in its minutes shall so declare and such franchise
shall not take effect.
All expenses of publication shall be borne by the applicant
for the franchise, who shall make a deposit in advance to cover the
estimated cost of publication, to be determined by the City Manager.
(Prop. No. 10, 1992; Prop. No. 13,
2000; Prop. No. 21, 2013)
No determinate or fixed term franchise shall ever be granted
for a longer term than 25 years; nor shall any right, privilege or
franchise now in existence be extended beyond the period now fixed
for its termination, directly or indirectly, or through any means
whatsoever, and any ordinance in violation or evasion of this prohibition
shall be absolutely void; provided, however, that any corporation,
person or association of persons now holding any franchise under any
charter or charters or ordinances of the City of Greenville may, with
the consent of the City Council of the City of Greenville surrender
such franchise or franchises, subject to the provisions of the city
charter then in force, and take a new franchise under such charter
or a new franchise may be granted to a new company or another person
with the privilege of acquiring the properties of such franchise holder
upon the surrender of the franchise rights then held. No subsidiary
franchise or franchises of any character appertaining or relating
to any other franchise holder, or to any person, firm or corporation
acting directly or indirectly for such franchise holder, shall be
granted and such grant in violation of this prohibition shall be absolutely
void to the extent of the excess in time beyond the life of such main
franchise. No franchise, privilege or easement shall ever be used
or operated so as to extend or enlarge any other franchise or privilege
granted by said city except upon surrender of such original franchise
as herein provided, and any violation of this prohibition shall operate
as a forfeiture of each and all such franchise privileges or easements.
No holder of a franchise heretofore or hereafter granted shall have
a right (unless such right is granted in the franchise) to transfer
or assign its properties and franchise to any other person, firm or
corporation without the consent of the city, and such consent when
given shall not operate as the granting of a franchise or as a new
franchise.
The City Council shall have the power to compel all persons,
firms or corporations operating any public utilities in this city,
whether operating under existing franchise, or franchises that may
hereafter be granted, to extend their service, lines, pipes, etc.
if the person to be benefitted by such extension will pay the costs
thereof, or if it can be shown that the revenue resulting from such
extension will, within a reasonable time after same is made, pay a
reasonable return on the investment after making the customary allowance
for depreciation.
All public utility franchises in the City of Greenville shall
be held whether expressed in the ordinance or not, subject to the
right of the city (each of the following being a condition):
(1)
To repeal
the same by ordinance at any time for failure to begin construction
or operation within the time prescribed or otherwise to comply with
the terms of the franchise, such power to be exercised only after
due notice and hearing.
(2)
To require
an adequate extension of plant and service, and the maintenance of
the plant and fixtures at the highest reasonable standard of efficiency.
(3)
To establish
reasonable standards of service and quality of products and prevent
unjust discrimination in service or rate.
(4)
To prescribe
the form of accounts kept by each such utility; provided, that if
the utility shall keep its accounts in accordance with the uniform
system of accounts for said utility prescribed by the national association
of railroad and public utility commissioners, the federal power commission,
the federal communications commission, the railroad commission of
Texas, their successor, or successors, this shall be deemed sufficient
compliance with this paragraph.
(5)
At any
time to examine and audit the accounts and other records of any such
utility and to require annual and other reports, including reports
on local operations by each such public utility.
(6)
To impose
such reasonable regulations and restrictions as may be deemed desirable
or conducive to the safety, welfare and accommodation of the public.
(7)
To fix
and regulate the price and rates for the service to be performed under
the franchise.
(8)
To require
such compensation and rental as may be permitted by the laws of the
State of Texas.
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Every public utility franchise hereafter granted shall be subject
to the terms and conditions of this charter, whether such terms and
conditions are specifically mentioned in the franchise or not.
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All utilities under a franchise agreement whose term is ten
(10) years or more shall be reviewed as follows:
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(1)
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Every five (5) years the City Council shall hold a public hearing
with a representative of the franchise to review services provided
by city and franchisee.
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(2)
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The City Council shall have the opportunity during the public
hearing to review the revenue received from franchise during previous
years and, upon due consideration, may request the franchisee to adjust
its percentage of payment to city. The franchisee may elect to do
so and request additional modifications) of the franchise agreement.
All modifications to the franchise agreement, including revenue percentage
adjustment, shall be done pursuant to the procedure required to enact
a franchise (Sec. 122).
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(Prop. No. 10, 1992; Prop. No. 1,
2010)
The City Council shall have the power by ordinance to fix and
regulate the price of water and electric distribution service, and
generally to fix and regulate the rates, tolls and charges of all
public utilities, of every kind, except as may be prohibited by state
law operating within the corporate limits of the City of Greenville.
(Prop. No. 12, 1984; Prop. No. 22,
2013; Prop. No. 10, 2015; Prop.
H, 2018)
The right to use the public streets, highways, alleys and thoroughfares
of this city, which necessitates the digging up, or displacement thereof,
for the installation of equipment, appliances and appurtenances, either
on, above or below the surface of same, to make the intended use thereof
practicable, shall be deemed and considered "a franchise," granting
of which shall be governed and controlled in the manner herein provided.
The use of the said public streets, highways, alleys and thoroughfares
of this city, which does not require the digging up or similar interference
with said streets, alleys or highways for the installation of equipment,
appliances or appurtenances, to make the intended use possible, shall
be treated and considered as "a privilege," subject to the control
and disposition of the City Council, and such privilege over and upon
the said public streets, alleys, highways and thoroughfares of the
city shall not be granted to any person or corporation excepting when
public necessity and convenience may require such use and when given
by ordinance passed by a two-thirds (2/3) vote of the City Council.
All franchises for the use and occupancy of public streets,
highways, alleys and thoroughfares of this city shall, in event public
necessity and convenience so require, be subject to cancellation by
the City Council, and the City of Greenville reserves the right to
require all public utilities holding franchises from the City of Greenville
to conform to street grades, and alter or lower their underground
structures to meet changing conditions.
(Prop. No. 1, 2010)
It shall be the duty of the City Council to pass an ordinance
requiring all public service corporations operating within the corporate
limits of the City of Greenville to file a sworn annual report of
the receipts from the operation of the said business for the current
year, how expended, how much therefor for betterments or improvements,
the rate of tolls or charges for services rendered to the public,
and any other facts or information that the Council may deem pertinent
for its use in intelligently passing upon any question that may arise
between the city and said public service corporations; said reports
to be filed with the City Secretary, and preserved for the use of
the City Council.
(Prop. No. 1, 2010)
Any public utility franchise may be terminated by ordinance
after ten years after the beginning of operation, whenever the city
shall determine to acquire by condemnation or otherwise the property
of such utility necessarily used in or conveniently useful for the
operation thereof within the city limits.
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
owner of any right of action for damage or injury to his or her property
as now or hereafter provided by law.
(Prop. No. 2, 2000)
All extensions of public utilities within the city limits shall
become a part of the aggregate property of the public utility, and
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 hereafter made. The right to use and maintain any extension
shall terminate with the original grant and shall be terminable as
provided in this charter. In case of an extension of a 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 granted are recognized as contracts between the
City of Greenville and the grantee, and the contractual rights as
contained in any such franchises shall not be impaired by the provisions
of this charter, except that the power of the City of Greenville to
exercise the right of eminent domain in the acquisition of any utility
property is in all things reserved, and except the general power of
the city heretofore existing and herein provided for to regulate the
rates and services of a grantee which shall include the right to require
proper and adequate extension of plant and service and the maintenance
of the plant and fixtures at the highest reasonable standard of efficiency.
Every public utility franchise hereinafter 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 franchise. Nothing in this charter shall operate to limit in
any way, as specifically stated, the discretion of the Council or
the voters of the city in imposing terms and conditions as may be
reasonable in connection with any franchise grant.
Every public utility and every owner of a public utility franchise
shall file with the city, as may be prescribed by ordinance, certified
copies of all franchises owned or claimed, or under which such utility
is operated in the City of Greenville. The city shall compile and
maintain a public record of utility franchises.
(Prop. No. 1, 2010)
There is hereby created a Board of Development in the City of
Greenville which shall devote its time and effort for the purpose
of promoting the industrial and business growth and development of
the City of Greenville. The Board of Development shall consist of
seven (7) members, to be appointed by the City Council; said members
shall serve for a period of three (3) years from their appointment,
with no more than two (2) successive terms, without compensation,
and until their successors are appointed and accept appointment. Vacancies
on such board shall be filled by the City Council in the same manner
as the original appointment. The chairman of such board shall be appointed
by the City Council from among the members of such board.
There is hereby created a Board of Development fund which shall
be funded in accordance with Section 143 also known as Transfer of
Revenues of the charter. Such Board of Development fund shall be under
the exclusive control of said Board of Development who may appropriate
and expend the same for the authorized purposes.
The members of the Board of Development of the city shall submit
quarterly to the City Council a report of all receipts and disbursements
for industrial development, community development, promotion, advertising
and travel for the current quarter.
(Prop. No. 11, 1992)
