Review Proposed Charter Amendment brought forward by Commissioner Bendtsen 

At the Charter Commission meeting on October 26, 2022, Commissioner Bendtsen proposed the following Charter Amendment with this addition to section 10.4: “No franchise fee may be implemented or mandated by ordinance for the purposes of road or street improvement, construction, or reconstruction.”

Current Charter Language:
Section 10.4 Power of Regulation Reserved. Subject to any applicable state statutes, the council may by ordinance reasonably regulate and control the exercise of any franchise, including the maximum rates, fares, or prices to be charged by the grantee. No franchise value shall be included in the valuation of the grantee's property in regulating utility rates, fares, or prices under any applicable state or municipal law, or regulation, or in proceedings for municipal acquisition of the grantee's property by purchase or eminent domain.  

Proposed Amendment to Charter Language (additions indicated by underline): 
Section 10.4 Power of Regulation Reserved. Subject to any applicable state statutes, the council may by ordinance reasonably regulate and control the exercise of any franchise, including the maximum rates, fares, or prices to be charged by the grantee. No franchise value shall be included in the valuation of the grantee's property in regulating utility rates, fares, or prices under any applicable state or municipal law, or regulation, or in proceedings for municipal acquisition of the grantee's property by purchase or eminent domain. No franchise fee may be implemented or mandated by ordinance for the purposes of road or street improvement, construction, or reconstruction.  

 

 

Staff does not hold a recommendation on this matter.

Dependent on Charter Commission direction.