All public utility franchises granted after the adoption of this Charter, whether it be so provided in the granting ordinance or not, shall be subject to the right of the village:
(a) To repeal the same for misuse, or non-use, or for failure to comply with the provisions thereof;
(b) To require proper and adequate extension of plant and service and maintenance thereof at the highest practicable standard of efficiency;
(c) To establish reasonable standards of service and quality of products, and prevent unjust discrimination in service or rate;
(d) To require continuous and uninterrupted service to the public in accordance with the terms of the franchise throughout the entire period thereof;
(e) To impose such other regulations as may be determined by the Council to be conducive to the safety, welfare, and accommodation of the public;
(f) To require the public utility to which any franchise is granted to permit joint use of its property and appurtenances located in the streets, alleys, and public places of the village, by the village, and other utilities insofar as such joint use may be reasonably practicable and upon payment of reasonable rents therefor; provided that in the absence of agreement, upon application by any public utility, the Council shall provide for arbitration of the terms and conditions of such joint use and the compensation to be paid therefor.
(Adopted 3-13-67)
Every public utility franchise shall be subject to the right of the village to use, control and regulate the use of its streets, alleys, bridges, and public places and the space above and beneath them. Every public utility shall pay such part of the cost of improvement or maintenance of streets, alleys, bridges and public places, as shall arise from its use thereof and shall protect and save the village harmless from all damages arising from said use; and may be required by the village to permit joint use of its property and appurtenances located in the streets, alleys, and public places of the village, by the village, and other utilities insofar as such joint use may be reasonably practicable and upon payment of reasonable rental therefor; provided that in the absence of agreement, upon application by any public utility, the Council shall provide for arbitration of the terms and conditions of such joint use and the compensation to be paid therefor; which award shall be final.
(Adopted 3-13-67)
No franchise or grant which is not revocable at the will of the Council shall be granted or become operative until the same shall have been referred to the people at a regular or special election and has received the approval of three-fifths (3/5) of the electors voting thereon at such election. All irrevocable public utility franchises and all renewals, extensions, and amendments thereof shall be granted only by ordinance. No such ordinance shall be adopted before thirty (30) days after application therefor has been filed with the Council, nor until a full public hearing has been held thereon. No such ordinance shall be submitted to the electors at an election to be held less than thirty (30) days after the grantee named therein has filed with the Clerk its unconditional acceptance of all of the terms of such franchise, and it shall not be submitted to a special election unless the expense of holding the election, as determined by the Council, shall have been paid to the Treasurer by the grantee. No exclusive franchise shall ever be granted and no franchise shall be granted for a longer term than thirty (30) years.
(Adopted 3-13-67)
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