All public franchises or privileges which the City is authorized
to grant, and all renewals, extensions and amendments thereof, shall
be granted only by ordinance. No such ordinance shall be adopted within
less than thirty (30) days after application therefor has been filed
with the City Council, nor until a full public hearing has been held
thereon. Notice of all public hearings conducted hereunder shall be
given at least fifteen (15) days prior to such hearing by publishing
such notice at least once in a newspaper of general circulation within
the City. No exclusive franchises shall be granted, and no franchise
shall be granted for a term longer than twenty (20) years. No such
franchise shall be transferable directly or indirectly, except with
the approval of the Council expressed by ordinance after a full public
hearing.
All public franchises and privileges, whether or not provided
for in the ordinance, shall be subject to the right of the Council
to:
(a)
Repeal the same for misuse or non-use, or for failure to comply
therewith, or shorten the term thereof for failure to comply with
the provisions of this Section (and regulations adopted in accordance
with this Section) or with the provisions of the franchise ordinance;
(b)
Require proper and adequate extension of plant and service and
the maintenance thereof;
(c)
Establish highest practical standards of service and quality
of products and prevent unjust discrimination in service or rates;
(d)
Make an independent audit and examination of accounts at any
time, and require reports annually;
(e)
Require continuous and uninterrupted service to the public in
accordance with the terms of the franchise throughout the entire period
thereof;
(f)
Control and regulate the use of the City streets, alleys, bridges,
and public places, and the space above and beneath them;
(g)
Regulate rates, fares and charges, and make readjustments thereof
from time to time if the same are not regulated by an applicable local,
State or Federal agency; and
(h)
Impose such other regulations from time to time as it may determine
to be conductive to the safety, welfare and accommodation of the public.
Temporary permits for the operation of public services utilizing
public streets, alleys, bridges, easements, rights-of-way and public
places for a period not to exceed two (2) years may be granted by
the Council by ordinance without public hearing. Such permit shall
be subject to amendment, alteration or revocation at any time at the
will of the Council, whether so provided in the ordinance or not.
Any permit granted hereunder shall in no event be construed to be
a franchise, or an extension or amendment of a franchise.
Any operation by a franchise holder, with the tacit permission
of the City beyond the period for which the franchise was granted
shall under no circumstance be construed as a renewal or extension
of such franchise. Any such operation shall at most be regarded as
a mere temporary permit subject, like other permits, to amendment,
alteration or revocation at any time at the will of the Council.