§ 5. Regulation of Franchise.

Every public utility franchise, whether so provided therein or not, shall be subject to the right of the City Commission:

(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, and a reasonable opportunity to correct the default.

(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 reasonably necessary to provide an 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 and extent 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 any part of such facilities whenever required in the public interest.

(5)

To collect from every public utility operating in the City such proportion of the expense of excavating, grading, paving, repaving, constructing, reconstructing, draining, repairing, maintaining alleys, bridges, culverts, viaducts and other public places of the City as represents the increased cost of such operations resulting from the occupancy of such public places by such public utility and such proportion of the costs of such operations as results from the damage to or disturbance of such public places caused by such public utility, or to compel such public utility to perform, at its own expense, such operations as above listed which are made necessary by the occupancy of such public places by such utility or by damage to or disturbance of such public places caused by such public utility.

(6)

To require every franchise holder to allow other public utilities holding a franchise from the City to use its tracks, poles, or other facilities, including bridges and viaducts, wherever in the judgment of the City Commission such use shall be in the public interest, provided that in such event a reasonable compensation shall be paid such owner of facilities for such use. Provided further, that inability of such public utilities to agree upon the compensation to be paid for use of such facilities shall not be an excuse for failure to comply with such requirement by the City Commission.

(7)

(a)

To require the keeping of accounts in such form as will accurately reflect the cost of the property of each franchise holder which is used and useful in rendering its service to the public and the expense, gross receipts and profits of all kinds of such franchise holder; provided, however, that any utility which keeps its books in accordance with a standard system of accounts or those prescribed by a Federal or State regulatory agency will be considered to have complied with any City Commission order passed under this section.

(b)

To examine and audit at any time during business hours the accounts and other records of any franchise holder relevant to the City's right of regulation.

(c)

To require annual and other reports on the local operations of the utility, which shall be in such form and contain such information relevant to the City's right of regulation as the Commission shall prescribe.

(8)

To require and collect any tax, 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 City Commission on such requested increase.