In addition to the power of the City to buy, construct, own, maintain, lease, operate and regulate public utilities, regulate franchises, and to manufacture, distribute and sell the output of such utility operations, the City shall have such further powers as may be now or hereafter granted under the Constitution and laws of the State of Texas.
The right to control and use all public property of the City is declared to be inalienable to the City, except by ordinance consistent with the provisions of this Charter. No act or omission of the Council or officer or agent of the City shall be construed to grant, renew, extend or amend, in any way, any right, franchise or easement affecting said public property of the City except as provided by this Charter.
The Council shall have the power by ordinance to grant, renew and extend all franchises operating within the City, and to, with the consent of the franchise holder, amend such franchises; provided, however, that no franchise may be granted for an indefinite term or for a term of more than twenty years.
Every ordinance granting, renewing, extending, or amending any franchise shall be read at two regular Council meetings and shall not be finally passed until thirty days after the first reading. Within ten days after the first reading of the ordinance, the caption of the ordinance shall be published on the City website and in a newspaper of general circulation, and the expense of such publication shall be paid by the prospective franchise holder.
(Amnd. by Ordinance 2014-08-18-01 at an election held on November 4, 2014, prop. 5)
No franchise may be transferred or assigned by the holder thereof except with the approval of the Council expressed by ordinance.
All grants, renewals, extensions, and amendments of franchises, whether or not it be provided in the ordinance granting said franchise, shall be subject to the right of the Council:
(a)
To forfeit the franchise by ordinance for failure of the holder to comply with the provisions of the franchise ordinance and other ordinances of the City, the franchise, this Charter or the laws of the State of Texas or applicable rules and regulations of any agency thereof. The power of forfeiture shall be exercised only after notice and hearing, and after the franchise holder has been allowed a reasonable time within which to correct the deficiency.
(b)
To impose reasonable regulations to insure safe, efficient, and continuous service to the public.
(c)
To require such expansion, extension, enlargement and improvement of plant and facilities as necessary to provide service to the public of the highest reasonable quality including efficiency, technology and customer service.
(d)
To require franchise holders to furnish the City, without cost to the City, full information regarding the location and precise description of all facilities of the franchise holder, including but not limited to poles, wires and other equipment, in, over, or under the City, and to regulate and control the location, relocation and removal of all such facilities.
(e)
To collect from every franchise holder or public utility operating in the City its proportionate share of the increased cost of City operations and services attributable to the occupancy by or use of public property by the franchise holder or public utility; to collect a proportionate part of the cost of City operations and services required as a result of damage to or disturbance of public property caused by the franchise holder or public utility; and to compel the franchise holder or public utility to perform at its own expense repairs or other operations made necessary by the occupancy or use of, or damage to or disturbance of, public or private property by the franchise holder or public utility.
(f)
To require every franchise holder to allow other franchise holders to use its facilities, if the Council considers such joint use to be in the public interest. In the event of joint use, reasonable terms of use may be imposed by, and a reasonable rental shall be paid to the owner for use of the facility. If the franchise holders are unable to agree on terms and rentals for the joint use of facilities, the Council shall, after notice and hearing, set reasonable terms and fix a reasonable rental applicable to such joint use.
(g)
To require franchise holders to keep records which accurately reflect the value of the franchise holder’s property used and other property useful in rendering its service to the public and which reflect the franchise holder’s expenses, receipts, and profits of all kinds.
(h)
To examine and audit at any time during business hours the applicable accounts and records of the franchise holder.
(i)
To require annual and other reports on the operations of the franchise holder or public utility, which shall contain such information as the Council shall prescribe.
(j)
To require and collect any compensation and rental as not now or hereafter prohibited by the laws of the State of Texas.
(k)
To require any franchise holder or public utility who requests an increase in rates, charges or fares, to reimburse the City for reasonable expenses incurred in employing rate consultants to conduct investigations, present evidence and advise the Council on such requested increase.
(l)
To establish highest reasonable standards of service and quality of products, and prevent unjust discrimination in service and rates.
No grant or agreement to construct, maintain, or operate a franchise and no renewal or extension of such grant or agreement shall be exclusive.
Subject to the Constitution and the laws of the State of Texas, the Council shall have the power, after reasonable notice and hearing, to determine, fix and regulate by ordinance the rates, charges and fares of every franchise holder or public utility operating in the City.