§ 9.06. Conditions of Public Utility Franchises.  


Latest version.
  • All public utility franchises granted after the adoption of this Charter, whether it be so provided in the granting ordinance or not, shall be subject to the following rights of the City, but this enumeration shall not be exclusive or impair the right of the Council to insert in such franchise any provision within the power of the City to impose or require.
    (a) To repeal the same for misuse, non-use or failure to comply with the provisions thereof;
    (b) To require property and adequate extension of plant and service and maintenance thereof at the highest practicable standard of efficiency;
    (c) To establish reasonable standards of service and quality of products and prevent unjust discrimination in service for rates;
    (d) To require continuous and uninterrupted service to the public in accordance with the terms of the franchise throughout the entire period thereof;
    (e) To impose such other regulations as may be determined by the Council to be conducive to the safety, welfare and accommodation of the public;
    (f) To use, control and regulate the use of its streets, alleys, bridges, streams, rivers, and public places and the space above and beneath them;
    (g) To make an independent audit and examination of accounts at any time, and to require reports annually, provided that this condition shall not apply to public utilities subject to the jurisdiction of the Michigan Public Service Commission.
    The City Council shall cause to be instituted such actions or proceedings as may be necessary to prosecute a public utility company for violations of its franchise, the City Charter, or ordinances, and may revoke, cancel, or annul any franchise granted by the City which for any reason has become inoperative, illegal or void.