07-28-2025 - Agenda Packet City Council - regular meeting

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N STREETS, PARKS AND OTHER PUBLIC PROPERTY 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: (5) a. A reasonable rate shall be construed to be one which will, with efficient management, normally yield, above all operating expenses and deprecia- (6) tion, a fair return upon all money invested. b. If possible, maximum rates and charges shall be arrived at by direct negotiation with the council. C. If direct negotiations fail to produce agreement, the council shall, not less than 30 days before the expira- tion of any existing rate schedule or agreement, appoint an expert as its representative; the franchisee shall likewise appoint an expert as its representative; and the two of them shall appoint a third person, prefer- ably 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 par- ties. (3) The council shall have the right to require reasonable extensions of any public service system and to make such rules and regula- tions as may be required to secure adequate and proper service and to provide sufficient accommodations for the public. (4) The grantee shall not issue any capital stock on account of the franchise or the value of the franchise, and the grantee shall have no right to receive, upon condemnation proceedings brought by the city to acquire the public utility exercis- ing such franchise, any return on account of the franchise or its value. § 3.04.250 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 such sale or lease, accepting the terms of the franchise, and agreeing to perform all the conditions required of the grantee under the franchise. Every grant in the franchise which includes permission for the erection of poles, masts or other fixtures in the streets and for the attachment of wires, 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 semipermanent fixtures whatsoever, shall be subject to the condition that the council shall have the power to require such alterations or relocation or rerouting as the council may at any time deem neces- sary 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. (7) Every franchise shall contain a provision granting the city the right to acquire the franchise in accordance with statute. (8) 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, includ- ing, but not limited to, a sum of money based upon gross operating revenues or gross earnings from its operations in the city. (Code 1984, § 2.60(4); Code 2003, § 18-44) Sec. 3.04.250. Further provisions of franchises. The enumeration and specification of particular matters which must be included in every franchise or renewal or extension shall not be construed as impairing the right of the city to insert in any such franchise or renewal or extension such CD3:11