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ARTICLE 9. MISCELLANEOUS PROVISIONS

CHAPTER 3. REGULATORY POWER and REVIEW

Annotations By: Jacqueline Bejma

Sec. 9-301. Regulatory Power

The city may exercise police power to regulate, prohibit or prohibit except as authorized by permit, license or franchise

The City may, in exercise of its police power:

1. Regulate;
2. Prohibit; or
3. Prohibit except as authorized by permit, license or franchise any trade, occupation, amusement, business or other activity within the city.

Sec. 9-302. Appellate Review

The city will provide for review of decision of administrative agencies not covered in the charter by ordinance

The City shall provide, by ordinance, for the review of administrative decisions of city agencies which are not within the appellate jurisdiction created by other sections of this Charter.

This section shall not be construed to diminish the right of any party to direct any immediate legal or equitable remedies in any court or other tribunal.

Sec. 9-303. Limitations on a Franchise

Any irrevocable franchise must be granted by ordinance

City council can approve the ordinance only after public hearing and filing with the city clerk

The ordinance must be approved by voters where state law requires it, or 2/3 of city council

If voter approval is required, city council must publish the ordinance in a daily newspaper at least 30 days before the election

Any franchise for the use of streets or public places or transaction of a local business must be granted by ordinance

An irrevocable franchise and all renewals, amendments and extensions of it, may be granted only by ordinance.

The City Council may approve such an ordinance only after a public hearing has been held on it and after the grantee named in it has filed with the City Clerk its unconditional acceptance of all the terms of the franchise.

The ordinance may not take effect unless it has been approved by the voters of the city, where state law so requires, or, unless it has been approved by a two-thirds (2/3) majority of City Council members serving, where approval of the voters is not required by state law.

When approval of the voters of the City is required, the ordinance as approved by the City Council shall be published in a daily newspaper of general circulation in the city not less than thirty (30) days before the election at which it is submitted to the voters The City Council may not call a special election unless the expense (as determined by the City Council) of holding the election has first been paid to the Treasurer by the grantee.

A franchise for the use of the streets or other public places of the city or for the transaction of a local business may not be sold or transferred in any manner, nor may a party other than the grantee use the franchise, unless the city gives its consent by ordinance.

Sec. 9-304. Standard Provisions of a Public Utility Franchise

Public utility franchises will include provisions for periodic rate and charge adjustments

The city may:

1. Repeal a franchise for a public utility for failure to comply with any provisions, misuse or non-use or failure to comply with the charter
2. Require extension and maintenance of plant facilities
3. Establish reasonable standards of service
4. Require continuous and uninterrupted service
5. Impose other regulations to ensure the public good
6. Require the public utility to permit joint use of its property and equipment if located in the public realm

Public utility franchises shall include provisions for fixing and periodically readjusting rates and charges at the direction of the City.

The City may, with respect to any public utility franchise granted by it, whether or not so provided in the granting ordinance:

1. Repeal the franchise for:
   1. Violation of or failure to comply with any of its provisions,
   2. Misuse or non-use, or
   3. Failure to comply with any regulation imposed under authority of this Charter;
2. Require proper and adequate extension and maintenance of plant facilities at the highest practicable standard of efficiency;
3. Establish reasonable standards of service and quality of products, and prevent unjust discrimination in service or rates;
4. Require continuous and uninterrupted service to the public in accordance with the terms of the franchise throughout the entire period of the franchise;
5. Impose other regulations determined by the City Council to be conducive to the health, safety, welfare, and convenience of the public; or
6. Require the public utility to permit joint use of its property and equipment, located in the streets and public places of the City, by the City and other utilities, insofar as joint use may be reasonably practicable, and, in the absence of agreement, upon application by the public utility, provide for arbitration of the terms and conditions, for joint use.