In addition to the city's power to buy, own, construct, maintain, and operate utilities, within or without the city limits, and to manufacture and distribute electricity, gas or anything else that may be needed or used by the public, the city shall have further powers as may now or hereafter be granted under the Constitution and laws of the State of Texas. As the trustee of the public properties within the city, the city shall have full power to manage the use and occupancy of public properties and to require the payment to the city of just and reasonable compensation for the use or occupancy of public property, including rights-of-way, by all persons, including public utilities and other providers of utility services. "Persons" as used in this Article VIII shall include governmental entities. "Utility services" and "public utility" as used in this Article VIII shall include providers of all electric, gas, water, wastewater, telecommunications, cable television, video programming and information services.
(Adopted by electorate, 9/19/1961; Am. Ordinance 2364 adopted 8/11/1998; Am. Ordinance 2627 adopted 8/14/2001)
The council shall have power to grant, amend, renew or extend by ordinance all franchises, licenses, and other authorization, which shall be non-exclusive, for all use or occupancy of public rights-of-way by all persons, including public utilities and providers of utility services of every character operating within the City of Carrollton, and for such purposes is granted full power. Provided, no such franchise, license, or other authority to use or occupy the public rights-of-way shall be granted by the city without inclusion within such authority the requirement that the grantee pay just and reasonable compensation to the city for such use or occupancy. Just and reasonable compensation shall include, at a minimum, a recovery of reasonable rental value of the rights-of-way, and a recovery of the city's acquisition, maintenance, management and supervisory costs.
Prior to the adoption of any such franchise, license, or other authorization by ordinance, the council shall hold a public hearing, where all interested citizens may offer evidence upon the matter. Notice of the hour, date and location of the public hearing shall be published in the official newspaper of the city, not less than five (5) days nor more than fifteen (15) days before the hearing.
The notice shall also include a descriptive caption or title stating in summary the principal subjects of the ordinance. The expense of such publication shall be borne by the proponent of the franchise, license or other authorization. No such franchise, license or other authorization shall be transferable, except with the approval of the council expressed by ordinance.
(Adopted by electorate, 9/19/1961; Am. Ordinance 1361 adopted 4/7/1987; Am. Ordinance 2364 adopted 8/11/1998; Am. Ordinance 2627 adopted 8/14/2001)
In fixing reasonable rates and charges for utility service within the city and in determining the just compensation to be paid by the city for public utility property which the city may acquire by condemnation or otherwise, nothing shall be included as the value of any franchise, license, or other authorization granted by the city under this Charter for the use of public rights-of-way.
(Adopted by electorate, 9/19/1961; Am. Ordinance 2364, adopted 8/11/1998)
All grants, renewals, extensions, or amendments to franchises, licenses, or other authorizations to use the public rights-of-way, whether it be so provided in the ordinance or not, shall be subject to the right of the city:
(1) 
To 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 the terms of the franchise, licenses, or other authorizations, such power to be exercised only after due notice and hearing.
(2) 
To require an adequate and reasonable extension of plant and service, and the maintenance of the plant and fixtures at the standard necessary to render the highest reasonable quality of utility service to the public.
(3) 
To establish reasonable standards of service and quality of products and prevent unjust discrimination in service on rates.
(4) 
(a) 
To prescribe the form of accounts kept by each such person holding a franchise, license or other authorization to use the public right-of-way; provided, that if the person is a utility or provider that keeps its accounts in accordance with the uniform system of accounts for said utility prescribed by the National Association of Regulatory Utility Commissioners, the Federal Energy Regulatory Commission, the Federal Communications Commission, the Public Utility Commission of Texas, the Railroad Commission of Texas, or their successors, or other state or federal utility regulating agencies, this shall be deemed sufficient compliance with this paragraph.
(b) 
At any time to examine and audit the accounts and other records of any such utility or provider and to require annual and other reports, including reports on local operations by each such public utility or provider.
(5) 
To impose such reasonable regulations and restrictions as may be deemed desirable or conducive to the safety, welfare, and accommodation of the public.
(Adopted by electorate, 9/19/1961; Am. Ordinance 2364 adopted 8/11/1998; Am. Ordinance 2627 adopted 8/14/2001)
The consent of abutting and adjacent property owners shall not be required for the construction, extension, maintenance or operation of any public utility or provider of utility services; but nothing in this Charter or in any franchise, license or other authorization granted thereunder shall ever be construed to deprive any such property owners of any right of action for damage or injury to his property as now or hereafter provided by law.
(Adopted by electorate, 9/19/1961; Am. Ordinance 2364 adopted 8/11/1998)
All extensions of public utility services within the city limits shall become a part of the aggregate property of the public utility, or provider of utility services, shall be operated as such, and shall be subject to all the obligations and reserved rights contained in this Charter and in any original grant hereafter made. The right to use and maintain any extension shall terminate with the original grant. In case of an extension of public utility services operated under a franchise, license or other authorization hereafter granted, such right shall be terminable at the same time and under the same conditions as the original grant.
(Adopted by electorate, 9/19/1961; Am. Ordinance 2364 adopted 8/11/1998)
Permits unconditionally revocable at the will of the governing body for minor or temporary privileges in the streets, public ways and public places of the city may be granted and revoked by ordinance from time to time, and such permits shall not be deemed franchises, licenses or other authorizations as the terms are used in this Charter.
(Adopted by electorate, 9/19/1961; Am. Ordinance 2364 adopted 8/11/1998)
All franchises, licenses or other authorizations, heretofore granted are recognized as contracts between the City of Carrollton and the grantee, and the contractual rights as contained in any such franchises, licenses or other authorizations, shall not be impaired by the provisions of this Charter, except that the power of the City of Carrollton to exercise the right of eminent domain in the acquisition of any utility property is in all things reserved, and except the general power of the city heretofore existing and herein provided for to regulate the rates and services of a utility, which shall include the right to require adequate and reasonable extension of plant and service and the maintenance of the plant fixtures at the standard necessary to render the highest reasonable quality of utility service to the public. Every utility service provider franchise, license or other authorization, hereafter granted shall be held subject to all the terms and conditions contained in the various sections of this article whether or not such terms are specifically mentioned in the franchises, licenses or other authorizations. Nothing in this Charter shall operate to limit in any way, as specifically stated, the discretion of the council in imposing terms and conditions as may be reasonable in connection with any franchise grant, license or other authorization, including the right to require such compensation or rental as may be permitted by the laws of the State of Texas.
(Adopted by electorate, 9/19/1961; Am. Ordinance 2364 adopted 8/11/1998)
Accounts shall be kept for each public utility owned or operated by the city, in such manner as to show the true and complete financial results of such city ownership and operation, including all assets, appropriately subdivided into different classes, all liability subdivided by classes, depreciation reserve, other reserves, and surplus; also revenues; operating expenses including depreciation, interest payments, rental, and other disposition of annual income. The accounts shall show the actual capital cost to the city of each public utility owned, also the cost of all extensions, additions, and improvements and the source of the funds expended for such capital purposes. They shall show as nearly as possible the cost of any service furnished to or rendered by any such utility to any other city or governmental department. The council shall annually cause a report to be made by a certified public accountant, showing the financial condition of said public utility and the financial results of such city ownership and operation, giving the information specified in this section and such additional data as the council shall deem expedient. This report shall be available for public inspection.
(Adopted by electorate, 9/19/1961; Am. Ordinance 1361 adopted 4/7/1987)
To the extent permitted by the laws of the State of Texas, the council shall have full power, after due notice and hearing, to regulate by ordinance the rates and service of every public utility and provider of utility services operating in the City of Carrollton; and in that regard may exercise all powers that are now or hereafter granted to municipalities by the Constitution and laws of the State of Texas.
(Adopted by electorate, 9/19/1961; Am. Ordinance 1361 adopted 4/7/1987; Am. Ordinance 2364 adopted 8/11/1998)
No person or corporation enjoying any franchise, license or other authority to operate a public utility or provide utility services within the City of Carrollton, and whose rates are regulated by the city, shall ever make any change or fix any rate for public service to its patrons or the inhabitants of the City of Carrollton without first being authorized by the governing body of the city by an ordinance or order approving the rate. Appeals from the city's ordinance or order shall be as provided by the laws of the State of Texas.
(Adopted by electorate, 9/19/1961; Am. Ordinance 2364 adopted 8/11/1998; Charter Am. adopted 5/11/2021)