The City Council shall have the power, subject to the provisions
hereof, by ordinance to confer upon any person, firm, corporation,
or other legal entity the franchise or right to use the public property
of the City for the purpose of furnishing to the public any general
public service or benefit, including, but not limited to, heat, light,
power, telephone service, transportation, cable, or other telecommunication
providers for compensation or hire. No franchise shall be granted
by the City to any person, firm, corporation, or other legal entity
to own, control or operate a waterworks therein. The City shall have
the power by ordinance to grant, renew, and extend all franchises
of all public utilities of every character operating within the City.
No such franchise shall be granted until after a public meeting shall
have been called and held and until such ordinance shall have been
passed and accepted by the franchisee. No such ordinance shall become
effective until thirty (30) days after its passage.
No public utility or other franchise shall be transferable except
with the approval of the City Council expressed by ordinance. This
restriction shall not be construed to prevent the franchise holder
from pledging the franchise as security for a valid debt.
No franchise or easement involving the right to use the same
either along, over, across, under, or upon the streets, alleys, highways,
parks, and public ways shall be valid unless granted in compliance
with the terms of this chapter. No granting of a franchise by ordinance
pursuant to this chapter shall convey any ownership or interest in
any property of the City other than the right to use the public property
for purposes of such franchisee’s operations as expressed in
the ordinance granting such franchise.
In granting, amending, renewing and extending public service
and utility franchises, the City shall retain the right to:
(1) Repeal
such franchise by ordinance for failure to comply with the terms thereof,
or for failure to begin construction or operation within the time
prescribed, such power to be exercised only after due notice and hearing;
(2) Require
an adequate extension of plant and service as is necessary to provide
adequate service to the public, and maintenance of the plant and fixtures
at the highest reasonable standard of efficiency;
(3) Establish
reasonable standards of service and quality of products and prevent
unjust discrimination in service or rates;
(4) Impose
regulations to ensure safe, efficient and continuous service to the
public. The franchise holder in opening and refilling all earth openings
shall re-lay the pavement and do all other work necessary to complete
restoration of streets, sidewalks, or grounds to a condition equally
as good as or better than when disturbed; and
(5) Regulate,
locate, or prohibit the erection of any and all poles, wires, or other
utility equipment, conveyance, or structure, on the streets, alleys,
and public places of the City, and to cause the same to be changed,
removed, altered, increased, diminished, placed underground, or be
supported by poles of such material, kind, quality and class as may
be determined by the City Council whether the same be telegraph, telephone,
electric, cable television, or otherwise, and to enforce the provisions
hereof by appropriate action in any court of competent jurisdiction.
All persons, corporations, or association of persons, to whom
a franchise or privilege may hereafter be granted shall pay to the
City for such privilege such compensation as may be fixed by the City
Council in the grant of such franchise or privilege. Such compensation
as fixed by contract or provided by any Texas statute or statutes
and any amendments thereto shall become due and payable at such time
as the City Council shall fix in the grant of such franchise or privilege,
and upon the failure of any franchisee to pay said compensation when
due shall result in forfeiture of the franchise or privilege.
Subject to state or federal law, the City Council shall determine,
fix, and regulate the charges, fares or rates of any person, firm,
or corporation enjoying a franchise or privilege granted under the
provisions of this chapter, and shall prescribe the kind of service
to be furnished to the public by such person, firm, or corporation,
and the manner in which it shall be rendered and may from time to
time alter or change such rules, regulations, and compensation after
reasonable notice and public hearing, provided that the rates, charges
and fares so fixed shall at all times be reasonable and permit a reasonable
net return on the actual value of the physical properties and equipment
of such utilities. In this connection, the City Council may require
any utility or franchise holder to furnish such financial reports
and information as the City Council may request, including reports
of actual operating costs and the financial condition of its operations
within the City, and the City Council may employ, at the expense of
such franchisee, necessary outside experts to examine and audit the
accounts and records of the franchisee to determine the reasonableness
of such charges, fares, and rates.