City Code (cont.)

Table of Contents

CHAPTER 10.  FRANCHISES

Section 10.01.  Franchises required.

Except as otherwise provided by law, a person, firm or corporation may not place or maintain a permanent or semi-permanent fixture in, over, upon or under a street, highway or public way in the city for the purpose of operating a public utility or for any other purpose without a franchise therefor from the city.

Section 10.02.  Ordinance.

A franchise is granted by ordinance which may not be an emergency ordinance. An ordinance granting a franchise must contain all of the terms and conditions of the franchise. A franchise is not valid unless unconditionally and fully accepted by the grantee and filed with the city clerk.

Section 10.03.  Term.

An exclusive or perpetual franchise may not be granted by the city. A franchise for a term exceeding 20 years is not effective unless approved by a majority of the voters voting thereon at a regular or special election.

Section 10.04.  Public hearing.

Before a franchise ordinance is adopted or rates, fares or prices to be charged by a public utility are fixed by the council, the council must hold a public hearing on the matter. Notice of the hearing must be published at least once in the official newspaper not less than ten days prior to the date of the hearing.

Section 10.05.  Publication cost.

The grantee of the franchise must pay for publication of the franchise ordinance.

Section 10.06.  Power of regulation reserved.

Subject to the applicable law, the council may by ordinance reasonably regulate and control the exercise of a franchise, including maximum rates, fares or prices to be charged by the grantee. The value of the franchise may not be included in the valuation of the grantee's property in regulating utility rates, fares or prices under applicable law, ordinance or regulation or in proceedings for municipal acquisition of the grantee's property by purchase or eminent domain. The rights of a grantee under a franchise are subject to the superior rights of the public to the use of streets and public places.

Section 10.07.  Renewals.

An extension, renewal or modification of a franchise is subject to the same limitations and is granted in the same manner as a new franchise.

CHAPTER 11.  PUBLIC OWNERSHIP AND OPERATION OF UTILITIES

Section 11.01.  Acquisition.

The city may own and operate a gas, water, heat, power, light, telephone, transportation, solid waste, hazardous waste, sanitation or other public utility for supplying its own needs for utility service, for supplying utility service to private consumers or for both purposes. The city may construct the facilities reasonably needed for the utility and may acquire existing utility properties for the utility. The city manager supervises the operation of city owned public utilities.

Section 11.02.  Rates and charges.

The council may fix rates, fares and prices for municipal utilities and services, including charges to be paid by the city itself. The council may (i) prescribe the time and the manner in which payments for all utility services are to be made, (ii) make other regulations governing utility services, and (iii) prescribe penalties for violations of the regulations.

Section 11.03.  Purchase in bulk.

In lieu of providing for the local production of gas, electricity, water and other utilities, the council may purchase the same in bulk and resell utility proceeds to local consumers at such rates as it may fix.

Section 11.04.  Lease of plant.

The council may lease a city-owned utility to a private party for a term, not to exceed ten years, at rentals and on conditions as deemed necessary. The lease must be embodied in an ordinance. The ordinance may not be an emergency ordinance.

Section 11.05.  Sale of utility.

A public utility owned by the city may not be sold or otherwise disposed of unless the full terms of the sale or other disposition are embodied in an ordinance approved by a majority of the voters voting thereon at a general or special election.

CHAPTER 12.  MISCELLANEOUS AND TRANSITORY PROVISIONS

Section 12.01.  Official publications.

The council must annually designate a legal newspaper of general circulation in the city as the official newspaper. Ordinances, matters required by law and this charter to be published and other matters that the council deems necessary for publication are to be published in the official newspaper.

Section 12.02.  Oath of office.

Elective officers of the city and any other officer so required by law or this charter must, before taking office, take and subscribe to an oath in substantially the form required by law.

Section 12.03.  Interest in contracts.

Except as otherwise permitted by law, an officer of the city who is authorized to take part in any manner in a contract with the city in an official capacity may not voluntarily have a personal financial interest in or personally benefit from the contract. Notwithstanding the provisions of law, this section applies to a contract for which competitive bids are not required by law.

Section 12.04.  Official bonds.

Officers and employees of the city required by ordinance or law to supply a bond must, before assuming office or employment, give a corporate surety bond to the city as security for the faithful performance of official duties and the safekeeping of public funds. The bond (i) must be in the form and amount fixed by the council, (ii) may be either an individual or blanket surety bond, (iii) must be approved as to form by the city attorney, and (iv) must be filed with the city clerk. Premiums on the bond are paid by the city.

Section 12.05.  Sale of real property.

Real property of the city must be disposed of by resolution adopted after ten days' published notice of a public hearing before the council on the matter. The net proceeds of the sale of real property must first be used to retire outstanding indebtedness incurred by the city in the acquisition or improvement of that real property and the balance of the net proceeds deposited in the general fund.

Section 12.06.  Vacation of streets.

The council may by resolution vacate streets, alleys, public ways and public grounds, or parts thereof, in the city. The vacation may be made after ten days' published notice of a public hearing before the council on the matter. The clerk must file a notice of completion of the vacation proceedings with the appropriate county official and in accordance with law.

Section 12.07.  Effect of 1994 charter revision.

This charter is effective on October 15, 1994 and is a revision and comprehensive amendment of the original charter of the city as amended and effective on October 14, 1994. Nothing in this charter is to be construed to modify, abrogate or abridge (i) the rights, duties, liabilities, privileges or immunities of the city, (ii) the ordinances and resolutions of the city, or (iii) the qualifications or terms of office of city officers as they existed on October 14, 1994, except as otherwise specifically provided in this charter. This charter is not to be construed to affect, modify or repeal any special law of the state applicable to the city.

CHARTER COMPARATIVE TABLE ORDINANCES

This table shows the location of the sections of the basic Charter and any amendments thereto.

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