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All conditions specified in this subchapter shall be a part of every franchise even though they may not be expressly contained in the franchise.
(A) The grantee shall be subject to and will perform on its part all the terms of this subchapter and will comply with all pertinent provisions of any City Charter and city code as the same may from time to time be amended.
(B) The grantee shall in no case claim or pretend to exercise any power to fix fares, rates and charges, but that the fares, rates and charges shall, at all times, be just, fair and reasonable for the services rendered and shall, in all cases, be fixed and from time to time changed, unless regulated by an agency of the state, in the manner following.
(1) A reasonable rate shall be construed to be one which will, with efficient management, normally yield above all operating expenses and depreciation, a fair return upon all money invested.
(2) If possible, maximum rates and charges shall be arrived at by direct negotiations with the Council.
(3) If direct negotiations fail to produce agreement, the Council shall, not less than 30 days before the expiration of any existing rate schedule or agreement, appoint an expert as its representative, the franchisee shall likewise appoint an expert as its representative, the two of them shall appoint a third person, preferably an expert, and the three of them shall constitute a board of arbitration. The board shall report its findings as soon as possible, and the rates and charges it shall agree upon by majority vote shall be legal and binding, subject only to review by a court of competent jurisdiction upon application of one of the parties.
(C) The Council shall have the right to require reasonable extensions of any public service system from time to time and to make such rules and regulations as may be required to secure adequate and proper service and to provide sufficient accommodations for the public.
(D) The grantee shall not issue any capital stock on account of the franchise or the value thereof, and that the grantee shall have no right to receive upon condemnation proceedings brought by the city to acquire the public utility exercising the franchise, any return on account of the franchise or its value.
(E) No sale or lease of the franchise shall be effective until the assignee or lessee shall have filed with the city an instrument, duly executed, reciting the facts of the sale or lease, accepting the terms of the franchise and agreeing to perform all the conditions required of the grantee thereunder.
(F) Every grant in the franchise contained of permission for the erection of poles, masts or other fixtures in the streets and for the attachment of wires thereto, or for the laying of tracks in, or of pipes or conduits under the streets or public places, or for the placing in the streets or other public places of any permanent or semi-permanent fixtures whatsoever, shall be subject to the conditions that the Council
shall have the power to require the alterations therein, or relocation or rerouting thereof, as the Council may, at any time, deem necessary for the safety, health or convenience of the public, and particularly that it shall have the power to require the removal of poles, masts and other fixtures bearing wires and the placing underground of all facilities for whatsoever purpose used.
(G) Every franchise shall contain a provision granting the city the right to acquire the same in accordance with statute.
(H) The franchisee may be obligated by the city to pay the city fees to raise revenue or defray increased costs accruing as a result of utility operations, or both, including, but not limited to, a sum of money based upon gross operating revenues or gross earnings from its operations in the city.
(Prior Code, § 2.72)
The enumeration and specification of particular matters which must be included in every franchise or renewal or extension thereof shall not be construed as impairing the right of the city to insert in any such franchise or renewal or extension thereof such other and further conditions and restrictions as the Council may deem proper to protect the city’s interests, nor shall anything contained in this subchapter limit any right or power possessed by the city over existing franchises.
(Prior Code, § 2.72)
LOCAL IMPROVEMENT POLICY
When an improvement is of special benefit to properties in a definable area, it is the intent of this subchapter to levy special assessments on the benefitted properties to finance the improvements. Improvement costs shall, whenever possible, be assessed in full against the benefitted property.
(Prior Code, § 2.73) (Ord. 179, New Series, effective 1-19-1979)
No petition for construction of water distribution lines, sewage lines, storm drainage curb and gutter, street improvements, sidewalks, lighting or other assessment improvements shall be accepted or acted upon by the Council unless it is filed with the City Administrator on or before September 1 of the year prior to the year of requested construction unless waived by the Council.
(Prior Code, § 2.73) (Ord. 72, Third Series, effective 7-20-1989)
(A) In general. Public improvements are divided into three classes specified in the following divisions (B), (C) and (D) below according to their respective benefit to the whole city, to property specially served by the improvement and taking into account past city practice.
(B) Class A.
(1) Class A improvements are those which are of general benefit to the city at large, including:
(a) Public buildings, except a building which is part of an improvement described in one of the following divisions (B)(1)(b), (B)(1)(c) or (B)(1)(d) below;
(b) Any public park, playground or recreational facility;
(c) The installation and maintenance of street lighting systems; and
(d) Any improvement not described in M.S. § 429.021, subd. 1, as it may be amended from time to time.
(2) Any such improvement shall be financed from general city funds and not from special assessments.
(C) Class B. Class B improvements are those which are of both general benefit and special benefit to abutting or nearby property. Class B improvements include:
(1) Trunk water mains larger than six inches;
(2) Trunk sanitary sewer mains larger than ten inches;
(3) Permanently surfacing arterial streets as defined in division (C)(4) below;
(4) Resurfacing by a bituminous overlay over an existing permanently surfaced street;
(5) Interceptor storm sewers; and
(6) The construction of off-street parking facilities.
(D) Class C. Class C improvements are those which are primarily if not exclusively of benefit to property abutting or in the area of the improvement, including:
(1) The construction of water mains no larger than six inches in diameter;
(2) The construction of sanitary sewer mains no larger than ten inches in diameter;
(3) The construction of curbs and gutters;
(4) Permanently surfacing residential streets as defined in division (D)(5) below;
(5) Resurfacing by a bituminous overlay over an existing permanently surfaced street or the replacement of existing curbs and gutter;
(6) Storm sewers of a local nature; and
(7) Sidewalks in areas not otherwise included in special sidewalk districts.
(E) Financing Class B and C improvements. It is the policy of the city to finance Class B and C improvements by the methods prescribed in §§ 33.33, 33.34 and 33.35 of this chapter. The apportionment of the cost between benefitted property and the city at large and the method of levying assessments prescribed in those sections shall be followed in each case unless the Council, by resolution, finds that because of special circumstances stated in the resolution, a different policy is necessary or desirable in the particular case. Any local improvement described in M.S. § 429.02, as it may be amended from time to time, and not placed in Class A, B or C by this section shall be financed as the Council determines to be most feasible and equitable in each case.
(Prior Code, § 2.73) (Ord. 72, Third Series, effective 7-20-1989; Ord. 179, New Series, effective 1-19-1979)
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