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Ordering a City-Wide Special Election for 11-8-2022 propositions calling for amendments to the City Charter
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Ordering a City-Wide Special Election for 11-8-2022 propositions calling for amendments to the City Charter
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Proposition U <br />Prol)o5ition-U ballot langua ;e shall read: <br />Shall the language of Sections 119 through 130, regarding franchises and public <br />utilities, be replaced with new Sections 119 through 126 containing language that is <br />consistent with current state law regarding the City's authority to regulate rates and <br />grant franchises? <br />❑ For <br />❑ Against <br />If Proposition U is approved by the voters on November 8, 2022, Sections 119 through 130 <br />shall be replaced with Sections 119 through 126 that shall read as follows: <br />Section 119. Power to Grant Franchises. <br />The ownership, right of control and use of streets, highways, alleys, parks, <br />public places, rights-of-way and all other real property of the city is declared <br />to be inalienable to the city. No entity or individual shall have the right to <br />occupy such public property without the express permission of and under an <br />express written agreement with the city concerning such occupancy. Public <br />utilities shall only be granted the right to occupancy under the terms of a <br />franchise agreement with the city. All grants, renewals, extensions or <br />amendments of public utility franchises on, under or beneath such public <br />places shall be the right of the city. The city may, by ordinance, sell, lease, <br />transfer or otherwise alter its control and use of such public properties, in <br />accordance with the provisions of this charter. <br />No franchise shall be granted for an indefinite term, nor may a franchise be <br />granted for a term in excess of twenty (20) years. <br />Section 120. Franchise Extensions. <br />All extensions of a public utility within the city shall become a part of the <br />aggregate property of the public utility, shall be operated as such and shall be <br />subject to all the obligations and reserved rights contained in this charter and <br />in state law. The right to use and maintain any extension shall terminate <br />with the original grant made to the utility. <br />Section 121. Exclusivity and Transfer of Franchise. <br />The city shall not grant an exclusive franchise to any public utility. No public <br />utility franchise may be transferred or assigned by the holder except with the <br />approval of the city, expressed by ordinance following a public hearing. <br />Section 122. Regulation of Franchises. <br />
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