Eugene Charter - 2002 - Laserfiche WebLink

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Eugene Charter Chapter X Public Utilities Section 43. Franchises. (1) The city council may grant a franchise or amendment thereto only by ordinance. Before adopting any such ordinance the council shall publish notice of its intention to do so in a manner authorized by Section 28 of this charter. Any applicant for such a franchise shall pay in advance the expenses of publishing the notice. Any franchise granted by the council shall assure adequate service to city residents and shall require the franchisee to pay the city adequate compensation in the form of a percentage of the gross income from the franchise, or in an alternative form acceptable to the council, in amounts sufficient to cover present value and future development of the franchise. (2) In the acquisition by the city of any public utility the price to be paid by the city shall exclude the value of any franchise granted by the city and connected with the utility. All ordinances granting franchises shall do so subject to the provisions of this section. (3) The council may not grant an exclusive citywide franchise to haul solid waste. Section 44. Eugene Water & Electric Board - Functions - Membership. (1) The power of the city to generate, collect, and distribute electricity, steam, and other kinds of physical energy is hereby vested in the Eugene Water & Electric Board (the Board). The Board is further authorized to provide advanced telecommunications capability and associated services including, but not limited to, voice, video, data, internet and telecommunications services. Nothing in the previous sentence divests the City Council of any authority, including but not limited to (a) providing the same or similar types of services, or (b) exercising any regulatory, taxing or other power over telecommunications and related services whether provided by the Board or another entity. (2) The board is composed of five electors of the city, who shall serve without pay and whose terms of office and election shall be prescribed by the city council by ordinance. (3) The board shall maintain and operate the water utility and the electric utility of the city, subject to control by the council of extension of water service. (4) The 1976 rates of payments on account of either utility to the city in lieu of taxes shall continue until changed by agreement between the board and the council. (5) charges for collecting (6) improvement of them under this charter and The council may require the board to bill and collect the city service and disposing of liquid and solid wastes. The income of the utilities and the operation, maintenance, and are under the control of the board, subject to limitations imposed by or the rights of holders of outstanding bonds issued to finance either utility. - 12- 12/5/2002