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 Austin
 Code of Ordinances
 CHARTER
 Article XI. FRANCHISES AND PUBLIC UTILITIES.

  § 5. REGULATION OF FRANCHISE.  

Latest version.

  • Every grant, renewal, extension, or amendment of a franchise granted under this article, whether so provided in the ordinance or not, shall be subject to the right of the council:

    (1)

    To forfeit any such franchise by ordinance at any time for failure of the holder thereof to comply with the terms of the franchise, such power to be exercised only after notice and hearing.

    (2)

    To impose reasonable regulations to insure safe, efficient and continuous service to the public.

    (3)

    To require such expansion and extension of plants and facilities as are necessary to provide adequate service to the public.

    (4)

    To require every franchise holder to furnish to the city, without cost to the city, full information regarding the location, character, extent and condition of all facilities of such franchise holder in, over and under the streets, alleys, and other public property of the city; and to regulate and control the location, relocation, and removal of such facilities.

    (5)

    To collect from every franchise holder operating in the city its fair and just proportion of the expense of excavating, grading, paving, repaving, constructing, reconstructing, draining, repairing, maintaining, lighting, sweeping, and sprinkling such portions of the alleys, bridges, culverts, viaducts, and other public places and ways of the city as may be occupied or used in whole or in part by such utilities; or to compel such franchise holder to perform, at its own expense, its just share of such excavating, grading, paving, repaving, constructing, reconstructing, draining, repairing, maintaining, lighting, sweeping and sprinkling.

    (6)

    To require every franchise holder to allow other franchise holder to use its tracks, poles, wires, pipes or other facilities, including bridges and viaducts, wherever in the judgment of the council such use shall be in the public interest, provided that in such event the council shall fix a reasonable rental to be paid to the owner of the facility for such use, after notice to the interested parties and a hearing of the facts.

    (7)

    (a) ;hg;To prescribe the form of accounts kept by every franchise holder.

    (b)

    To examine and audit at any time the accounts and other records of any franchise holder.

    (c)

    To require annual and other reports, including reports on the local operations of the utility, which shall be in such form and contain such information as the council shall prescribe.

    (8)

    To require and collect any compensation and rental not now or hereafter prohibited by the laws of this state.

    (9)

    To require such franchise holders who request an increase in rates, charges or fares, to reimburse the city for reasonable expenses incurred in employing rate consultants to conduct investigations, present evidence and advise the council on such requested increase.

    Amendment note: Section 5 appears as amended at the election of May 7, 1994.