CHAPTER XVII UTILITIES AND FRANCHISES

Section 17.1 General Powers.

Section 17.2 Water Rights.

Section 17.3 Utility Rates.

Section 17.4 Management of Municipal Utilities.

Section 17.5 Use of Public Places by Utilities.

Section 17.6 Granting of Franchises.

Section 17.7 Present Franchises.

Section 17.8 Transit Facilities.

Section 17.9 Revocable Permits.

Section 17.10 Franchise Records.

Section 17.1 General Powers.

The City shall have and exercise with regard to all utilities and franchises, all municipal powers, including without limitation, all powers now existing and which may be hereafter provided by the Constitution and statutes. The right of the City to construct, lease, purchase, acquire, condemn or operate any public utility, work or way, is expressly reserved. Except as otherwise provided by Constitution, or this Charter, all powers concerning the granting, amending, revoking, or otherwise dealing in franchises, shall be exercised by the Council.

Section 17.2 Water Rights.

The City shall have the authority to buy, sell, exchange, lease, own, control and otherwise deal in water rights.

Section 17.3 Utility Rates.

The Council shall, by ordinance, establish rates, rules and regulations and extension policies for services provided by City owned utilities, both within and outside the corporate limits of the City.

Section 17.4 Management of Municipal Utilities.

All municipally owned or operated utilities shall be administered as a regular department of the City.

Section 17.5 Use of Public Places by Utilities.

Every public utility, whether it has a franchise or not, shall pay such part of the cost of improvement or maintenance of streets, alleys, bridges, and other public places as shall arise from its use thereof and shall protect and save the City harmless from all damages arising from said use. Every such public utility may be required by the City to permit joint use of its property and appurtenances located in the streets, alleys or other public places of the City by the city and by other utilities insofar as such joint use may be reasonably practicable.

Section 17.6 Granting of Franchises.

(a) No franchise shall be granted except upon approval by a majority of the electors voting thereon.
(b) The Council shall establish by ordinance the terms, fees, compensation, conditions, and any other matters related to the granting of franchises.

Section 17.7 Present Franchises.

All franchise ordinances and agreements of the City in effect at the time this Charter is effective shall remain in full force and effect in accordance with their respective terms and conditions unless modified by another franchise.

Section 17.8 Transit Facilities.

Council may require by ordinance and by fair apportionment of the cost, any railroad or other transportation system to elevate or lower any of its right-of-way or tracks running over, under, along or across any public thoroughfare; and to construct and maintain all street crossings, bridges, viaducts and other conveniences in good condition with proper approaches and safety devices.

Section 17.9 Revocable Permits.

The Council may grant a permit at any time for the temporary use or occupation of any street, alley, or City owned place, provided such permit shall be revocable by the Council at its pleasure, regardless of whether or not such right to revoke be expressly reserved in such permit.

Section 17.10 Franchise Records.

The City shall cause to be kept in the office of the City Clerk an indexed franchise record in which shall be transcribed copies of all franchises heretofore and hereafter granted. The index shall give the name of the grantee and any assignees. The record, a complete history of all such franchises, shall include a comprehensive and convenient reference to all actions at law affecting the same, and copies of all annual reports and such other matters of information and public interest as the Council may from time to time require.