All franchises, licenses, contracts and leases to which the City is a party when this Charter becomes effective shall remain in full force and effect in accordance with their respective terms and conditions.
Public utility franchises, including their renewals, extensions and amendments, may only be granted by ordinance. No exclusive franchise may be granted. No franchise shall be granted for longer than 30 years. No franchise ordinance which is not subject to revocation at the will of the City shall be enacted or become operative until it has been approved by at least 60% of the electors of the City voting at a regular or special election. No franchise ordinance shall be approved by the Commission for referral to the electorate until at least 30 days after the franchise application has been filed with the Commission, until a public hearing has been held on the franchise ordinance, and until the franchise applicant has filed with the Clerk written unconditional acceptance of all terms of the franchise ordinance. No special election for this purpose shall be ordered by the Commission unless the expense of the election as determined by the Commission is first paid to the Treasurer by the applicant. A franchise ordinance which is subject to revocation at the will of the City may be enacted by the Commission without referral to the voters, but it shall not be enacted or become operative unless it has remained on file with the Clerk in its final form for public inspection for at least two weeks before it is enacted.
All public utility franchises granted after the adoption of this Charter shall be subject to the following rights of the City, whether or not these rights are specified in the franchise ordinance. These rights shall not be exclusive or impair the right of the Commission to insert any additional provisions within the power of the City to require.[1] The City's rights include the rights to:
(a)
Repeal the franchise for misuse, non-use or failure to comply with the provisions of the franchise;
(b)
Require reasonable and adequate extension of the utility's plant and its service;
(c)
Require maintenance of the utility's plant and its service at the highest practicable standard of efficiency;
(d)
Establish reasonable standards for the quality of products;
(e)
Prevent unjust discrimination in service or rates;
(f)
Require continuous and uninterrupted service to the public in accordance with the terms of the franchise throughout its entire period;
(g)
Impose other reasonable regulations as may be conducive to the public's health, safety and welfare;
(h)
Use, control and regulate the use of City streets, alleys, bridges and other public places, including the space above and beneath them; and
(i)
Protect and save the City harmless from all damages arising from the use of the franchise.
[1]
Editor's Note: So in original.
Competitive bids shall be obtained for the construction of any public improvement or for the purchase of any materials when required by State law or, in addition, when the Commission deems competitive bids advisable. The Commission may reject any or all bids.
Above $1,000 but less than the amount established by State law for competitive bidding, the Commission shall at least engage in comparative pricing for the construction of any public improvement or for the purchase of any materials. "Comparative pricing" shall be defined for purposes of this section as seeking price quotations from at least two qualified vendors or contractors, if reasonably available.
No contract may be made with any person who is in default to the City. Except as permitted by State law, no contract or purchase may be made by the City in which any City officer has any direct or indirect pecuniary interest.