Loading...
The council may grant a permit for the operation of a public utility at any time in or upon any street, alley, or public place; provided, that such permit shall be revocable by the council at its pleasure at any time, whether such right to revoke be expressly reserved in said permit or not.
No public utility franchise which is not revocable at the will of the city shall be granted unless the same shall have received the affirmative vote of three-fifths of the electors of the city voting thereon at a regular or special municipal election. No franchise shall be submitted under the provisions of this charter, to the electors at a special election, unless the cost of holding the election, as determined by the council, shall be paid to the treasurer in advance of calling said election by the grantee in such franchise.
The grant of every franchise shall be subject to the right of the city[,] whether in terms reserved to not, to make all regulations which shall be necessary to secure in the most ample manner the safety, welfare and accommodation of the public, and the right to make and enforce all such regulations as shall be reasonably necessary to secure adequate, sufficient and proper service, extensions and accommodations for the people and insure their comfort and convenience. Such fight of the city shall include but shall not be limited to the following, viz:
(a) To repeal the same for misuse, or nonuse, or for failure to comply with the provisions thereof;
(b) To require continuous and interrupted service to the public in accordance with the terms of the franchise throughout the entire period thereof;
(c) To require the public utility to which any franchise is granted to permit joining use of its property and appurtenances located in the streets, alleys, and public places of the city, by the city and other utilities, insofaras such joint use may be reasonably practicable and upon payment of reasonably rental therefor; provided that, in event of the inability of the parties to agree, upon application by either party, the council shall provide for arbitration of the terms and conditions of such joint use and the compensation to be paid therefor;
(d) To pay such part of the cost of improvement or maintenance of the streets, alleys, bridges, and public places of the city as shall arise from its use thereof[,] and to protect and save the city harmless from all damages arising from said use.
All contracts, granting or giving any original franchise, or extending or renewing or amending any existing franchise, shall be made by ordinance and not otherwise. Every such ordinance granting a franchise shall be accepted in writing by the grantee before said ordinance takes effect, and if it is to be submitted to the electors, it shall be so accepted before its submission. Such acceptance shall be filed with the clerk. Any noncompliance with this section shall automatically annul such franchise.
The council may by ordinance provide for efficient inspection and regulation of all public utilities operated in the city. It is the intention of this section to provide means for securing to the city efficient and safe service from all public utilities operated in the city and the proper observance of the conditions imposed by franchise, this charter and ordinances of the city and laws of the state.
All ordinances granting franchises, or extensions or renewals thereof, shall reserve to the city the right to terminate the same and to purchase all the property of the utility in the streets and highways in the city and elsewhere, used in or useful for the operation of the utility, at a price either fixed by the ordinance or to be fixed in the manner provided by the ordinance granting the same. Nothing in such ordinance shall prevent the city from acquiring the property of any such utility by condemnation proceedings or in any other lawful mode, but all such methods of acquisition shall be alternative to the power to purchase reserved in the ordinance granting such franchise, extension or renewal as hereinbefore provided. Upon the acquisition by the city of the property of any utility by purchase, condemnation or otherwise, all franchises, extensions and renewals shall at once terminate.
No ordinance granting such franchise, or extension or renewal thereof, shall be valid unless it shall expressly provide therein that the price to be paid by the city for the property that may be acquired by it from such utility by purchase, condemnation or otherwise, shall exclude all value of such franchise, extension or renewal, except that, unless otherwise provided in such ordinance, the utility shall be entitled to the return of the proportionate amount for the unused period of any compensation paid to the city for such franchise, extensions or renewal.