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(8) require compensation and rental fees, except as limited by state law, for use <br />of public streets, sidewalks, highways, alleys, and public places; <br />(9) requireevery franchisee to indemnify and hold harmless the city against any <br />liability, claims or damages (including attorney’s fees, costs and expenses) for <br />injury to persons, including death, or damages to any property arising out of any <br />intentional or negligent act or omission of the franchisee, or any of its officers, <br />agents, or employees in connection with the franchisee’s construction, maintenance <br />and operation of the franchisee’s facilities in the city. <br />Section 123. Franchise Records. <br />The city shall compile and maintain a public record of all franchises granted by the <br />city, including any extensions or amendments to such franchise grants. <br />Section 124. Regulation of Rates. <br />(1) The city shall have full power after due notice and public hearing to regulate <br />by ordinance the rates, charges and fares of all public utility franchise holders <br />operating within the city as authorized by state and federal law. <br />(2) The city, upon receiving a request from a public service desiring a change in <br />rates, charges, or fares, shall call a meeting for consideration of such change. <br />(3) A holder of a franchise to provide a public service or utility in the city must <br />show the necessity for such service by establishing by clear, competent and <br />convincing evidence: the cost of its investment for service in the city; the amount <br />and character of expenses and revenues connected with rendering the service; and <br />any additional evidence required by the city. <br />(4) The city may select and employ rate consultants and auditors to investigate <br />any requests or changes in rates, charges, or fares. The public service shall <br />reimburse the city for reasonable and necessary expenses incurred. <br />Section 125. Records and Accounts; Annual Reports <br />(1) The city shall require all franchise holders and public service companies <br />operating within the city to file a sworn annual report of the receipts from the <br />operation of the said business for the current year, how much thereof for <br />betterments or improvements,the charges for services rendered to the public, and <br />any other facts or information that the city may deem pertinent for its use. Said <br />reports are to be filed with the city clerk. Such reports shall be reviewed annually <br />by the city council to determine the propriety of the rates being charged. <br />(2) Any franchise holder of a public service company who shall for a thirty (30) <br />day period willingly refuse or fail to report in the manner provided by this charter, <br />or shall file any report, knowing that the same does not truly report the facts about <br />12 <br /> <br /> <br />