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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.
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