Ord 2000-012 - Laserfiche WebLink

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(b) The city council has the following powers regarding public service companies of every character operating in the city: (1) To buy, condemn, construct, lease, maintain and operate public utility systems in the city; (2) To sell, manufacture and distribute the services and output of city public utility systems; (3) To prohibit the use of city streets, alleys, easements or other grounds by a public service company unless the company first obtains a franchise, permit, certificate or other authorization in accordance with this article and applicable ordinances; and (4) To regulate public service companies in the interest of public health, welfare and safety . (c) The authority of the council under this article is subject to federal and state laws regarding public utilities. The provisions of this article will be disregarded to the extent of any conflict between them and federal and state laws. Sec. 11.02. Power to grant franchise. The council shall have the power, by ordinance, to grant, renew, extend and amend all franchises of all public utilities of every character operating within the city. No franchise shall be for an indeterminate period, and no franchise shall be granted for a term of more than five years from the date of the grant, renewal or extension. Sec. 11.03. Authorizations not to be exclusive. No franchise, permit, certificate or other authorization to construct, maintain or operate a public service company, and no renewal or extension of any such authorization, shall be exclusive. Sec. 11.04. Ordinance granting franchise; public hearing. All ordinances granting, renewing, extending or amending a public utility franchise shall be read at three separate regular meetings of the council, and shall not be finally passed until 30 days after the first reading; and no such ordinance shall take effect until 30 days after its final passage. The council shall conduct a public hearing on any such franchise ordinance before the first reading of the ordinance. Notice of the public hearing, including the full text of the ordinance shall be published once before the first reading, in a newspaper of general circulation in the city, and the expense of such publication shall be borne by the applicant for the franchise. Sec. 11.05. Transfer of franchise. No public utility franchise shall be assigned or transferred except with the approval of the council expressed by ordinance. The term "assigned or transferred" includes a transfer of a controlling interest in stock, and an assignment or transfer to an affiliated or subsidiary person or company, but the term does not include the pledging of a franchise as security for a valid debt or mortgage. Sec. 11.06. Franchise value not to be allowed. No value shall be assigned to any franchise granted by the city in fixing reasonable rates and charges for utility service within the city, or in determining the just compensation to be paid by the city for public utility property which it may acquire by condemnation or otherwise. -8-