[R.O. 2011; Approved by electorate, November 3, 1981]
All franchises and renewals, extensions and amendments thereof
shall be granted only by ordinance. No such ordinance shall be adopted
within less than thirty days after application therefor has been filed
with the council, nor until a full public hearing has been held thereon.
No exclusive franchises shall ever be granted, and no franchise shall
be granted for a longer term than 20 years. No such franchise shall
be transferable directly or indirectly, except with the approval of
the council expressed by ordinance after a full public hearing.
[R.O. 2011; Approved by electorate, November 3, 1981]
All franchises, whether it be so provided in the ordinance or
not, shall be subject to the right of the council to:
(a)
Misuse And Non-Use. Repeal the same for misuse or
non-use, or for failure to comply therewith.
(b)
Efficiency. Require proper and adequate extension
of plant and service and the maintenance thereof at the highest practicable
standards of service and quality of products, and prevent unjust discrimination
in service or rates.
(c)
Non-Discrimination. Establish reasonable standards
of service and quality of products and prevent unjust discrimination
in service or rates.
(d)
Audit Of Accounts. Make an independent audit and
examination of accounts at any time, and require reports annually.
(e)
Service To Public. Require continuous and uninterrupted
service to the public in accordance with the terms of the franchise
throughout the entire period thereof.
(f)
Use Of Public Thoroughfares. Control and regulate
the use of the City streets, alleys, bridges, and public places, and
the space above and beneath them.
(g)
Rates And Charges. Regulate rates, fares and charges
and make readjustments thereof from time to time if the same are not
regulated by the state.
(h)
Other Regulations. Impose such other regulations
from time to time as it may determine to be conducive to the safety,
welfare and accommodation of the public.
[R.O. 2011; Approved by electorate, November 3, 1981]
Temporary permits for the operation of public utilities, or
like permits for a period not to exceed two years but subject to being
renewed for a period not to exceed one year and subject to amendment,
alteration, or revocation at any time at the will of the council may
be granted only by ordinance on such terms and conditions as the council
shall determine. Such permits shall in no event be construed to be
franchises, or extensions or amendments of franchises.
[R.O. 2011; Approved by electorate, November 3, 1981]
Any operation of a public utility by a franchise holder, with
the tacit permission of the City, beyond the period for which the
franchise was granted, shall under no circumstances be construed as
a renewal or extension of such franchise. Any such operation shall
at most be regarded as a mere temporary permit, subject, like other
permits, to amendment, alteration, or revocation at any time at the
will of the council.
