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.
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.
All utilities under a franchise agreement whose term is ten (10) years or more shall be reviewed as follows:
(1)
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.
(2)
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).
(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)