The ownership, right of control and use of streets, highways, alleys, parks, public places, rights-of-way and all other real property of the city is declared to be inalienable to the city. No entity or individual shall have the right to occupy such public property without the express permission of and under an express written agreement with the city concerning such occupancy. Public utilities shall only be granted the right to occupancy under the terms of a franchise agreement with the city. All grants, removals, extensions or amendments of public utility franchises on, under or beneath such public places shall be the right of the city. The city may, by ordinance, sell, lease, transfer or otherwise alter its control and use of such public properties in accordance with the provisions of this charter.
No franchise shall be granted for an indefinite term, nor may a franchise be granted for a term in excess of twenty (20) years.
(Ordinance 2022-090, ex. B, adopted 12/12/2022)
All extensions of a public utility within the city shall become a part of the aggregate property of the public utility, shall be operated as such and shall be subject to all the obligations and reserved rights contained in this charter and in state law. The right to use and maintain any extension shall terminate with the original grant made to the utility.
(Ordinance 2022-090, ex. B, adopted 12/12/2022)
The city shall not grant an exclusive franchise to any public utility. No public utility franchise may be transferred or assigned by the holder except with the approval of the city, expressed by ordinance following a public hearing.
(Ordinance 2022-090, ex. B, adopted 12/12/2022)
All grants, renewals, extensions or amendments of public utility franchises shall be subject to the right of the city to:
(1) 
repeal the same by ordinance at any time for failure to begin construction or operation within the time prescribed or for failure otherwise to comply with terms of the franchise, such power to be exercised only after due notice and hearing;
(2) 
require an adequate and reasonable extension of plant and service and the maintenance of plant and fixtures at a standard by which to render the highest reasonable quality of service to the public;
(3) 
establish reasonable standards and quality of service and prevent unjust discrimination in service and/or rates;
(4) 
prescribe, for each franchisee, the form of accounts to be kept or, alternately, require the system of accounts conform to that required by the appropriate state and/or federal regulatory agencies;
(5) 
impose such reasonable regulations and restrictions as may be deemed desirable or conducive to the safety, welfare and accommodation of the public;
(6) 
require franchisees to furnish the city, without cost to the city, a general map with updates outlining the location, character, size, length, and terminals of all facilities of such franchisee in, over and underground of property in the city; to regulate and control the location, relocation and removal of such facilities; and to provide detailed information on request.
(7) 
examine and audit at any time during normal business hours the accounts and records of the franchisee;
(8) 
require compensation and rental fees, except as limited by state law, for use of public streets, sidewalks, highways, alleys, and public places;
(9) 
require every franchisee to indemnify and hold harmless the city against any liability, claims or damages (including attorney's fees, costs and expenses) for injury to persons, including death, or damages to any property arising out of any intentional or negligent act or omission of the franchisee, or any of its officers, agents, or employees in connection with the franchisee's construction, maintenance and operation of the franchisee's facilities in the city.
(Ordinance 2022-090, ex. B, adopted 12/12/2022)
The city shall compile and maintain a public record of all franchises granted by the city, including any extensions or amendments to such franchise grants.
(Ordinance 2022-090, ex. B, adopted 12/12/2022)
(1) 
The city shall have full power after due notice and public hearing to regulate by ordinance the rates, charges and fares of all public utility franchise holders operating within the city as authorized by state and federal law.
(2) 
The city, upon receiving a request from a public service desiring a change in rates, charges, or fares, shall call a meeting for consideration of such change.
(3) 
A holder of a franchise to provide a public service or utility in the city must show the necessity for such service by establishing by clear, competent and convincing evidence: the cost of its investment for service in the city; the amount and character of expenses and revenues connected with rendering the service; and any additional evidence required by the city.
(4) 
The city may select and employ rate consultants and auditors to investigate any requests or changes in rates, charges, or fares. The public service shall reimburse the city for reasonable and necessary expenses incurred.
(Ordinance 2022-090, ex. B, adopted 12/12/2022)
(1) 
The city shall require all franchise holders and public service companies operating within the city to file a sworn annual report of the receipts from the operation of the said business for the current year, how much thereof for betterments or improvements, the charges for services rendered to the public, and any other facts or information that the city may deem pertinent for its use. Said reports are to be filed with the city clerk. Such reports shall be reviewed annually by the city council to determine the propriety of the rates being charged.
(2) 
Any franchise holder of a public service company who shall for a thirty (30) day period willingly refuse or fail to report in the manner provided by this charter, or shall file any report, knowing that the same does not truly report the facts about the matters mentioned therein, shall be subject to such penalties as may be prescribed by the city council by ordinance.
(Ordinance 2022-090, ex. B, adopted 12/12/2022)
The city council has the right to:
(1) 
set rates of city-owned public services;
(2) 
require such city-owned public services to keep accounts of financial operations. Accounts must show the actual cost of each service to the city, including costs of extensions and improvements and source of funds extended for these purposes. Costs and revenues of services furnished to other cities or government agencies must be included.
(Ordinance 2022-090, ex. B, adopted 12/12/2022)