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)