Section 102-034 Ord. 16746; Calling a Special Election on 04/03/01 RE: Chater Amendment to Eliminate Requirement of Voter Approval for Telecommunications Franchises

proposing an amendment to Section 89 of the Home Rule Charter for the City of Columbia, Missouri to eliminate the requirement of voter approval for telecommunications franchises; calling a special election to be held on April 3, 2001, on the proposed Charter amendment; directing notification of the election authority; describing the form of the notice of election; directing publication of notice; and fixing the time when this ordinance shall become effective.

SECTION 1. The City Council proposes that Section 89 of the Home Rule Charter for the City of Columbia, Missouri be amended as follows:

All public utility franchises and all renewals, extensions and amendments thereof shall be granted only by ordinance. No such ordinance shall be adopted within less than thirty (30) days after application therefor has been filed with the council, nor until a full public hearing has been held thereon. No such ordinance shall become effective until it has been submitted to the electors and has been approved by a majority voting thereon.

No ordinance shall be submitted at an election less than sixty (60) days after the grantee named therein has filed its unconditional acceptance of such franchise, and it shall not be submitted to a special election unless the expense of holding the election, as determined by the council, shall have been paid into the city treasury by the grantee. No exclusive franchises shall ever be granted, and no franchise shall be granted for a longer term than twenty (20) years. No such franchise shall be transferable, directly or indirectly, except with the approval of the council expressed by ordinance after a full public hearing.

The election requirement of this section shall not apply to telecommunications franchises; provided, however, no ordinance granting a telecommunications franchise shall become effective until it has been unconditionally accepted by the franchisee.

SECTION 2. The proposed Charter amendment set forth above shall become effective and part of the Home Rule Charter upon its approval by a majority of the qualified electors voting thereon.

SECTION 3. A special election is hereby ordered to be held in the City of Columbia, Missouri, on Tuesday, April 3, 2001, on the following question:

SHALL SECTION 89 OF THE HOME RULE CHARTER FOR THE CITY OF COLUMBIA, MISSOURI, BE AMENDED AS PROPOSED BY THE CITY COUNCIL TO ELIMINATE THE REQUIREMENT OF VOTER APPROVAL FOR TELECOMMUNICATIONS FRANCHISES?

SECTION 4. The City Clerk is authorized and directed to notify the Clerk of the County Commission of Boone County, Missouri, of the adoption of this ordinance no later than 5 o’clock p.m. on January 23, 2001, and to include in the notification all of the terms and provisions required by Chapter 115, RSMo. 1994, as amended.

SECTION 5. The form of the notice of election shall be substantially as set forth in “Exhibit A” attached hereto and made a part hereof as fully as if set forth herein verbatim.

SECTION 6. The City Clerk is authorized and directed to publish notice that the text of the proposed Charter amendment is available for inspection and copying in the office of the City Clerk. This notice shall be published at least one time, at least one week prior to the election, in a daily newspaper in general circulation in the City of Columbia, Missouri.