Section 9.1. Granting of franchises.All public utility franchises and franchises for the use of public streets, alleys, bridges, easements, and public places, and all extensions and amendments thereof shall be granted only by ordinance. No ordinance shall be adopted within thirty (30) days after the application for the franchise has been filed with the council and a public hearing held thereon. No franchise shall be transferred directly or indirectly, except with the approval of the council by ordinance after a public hearing. Notice of all public hearings conducted hereunder shall be given at least fifteen (15) days prior to such hearing by publishing such notice at least once in a newspaper of general circulation within the city. No franchise shall be granted for a term in excess of twenty (20) years.
Section 9.2. Right of regulation.All franchises, whether provided in the ordinance or not, shall be subject to the right of the council to:
(a) Repeal for misuse, nonuse, or noncompliance with the ordinance.
(b) Require proper and adequate extension of plant and service and the maintenance thereof at the highest practicable standards of efficiency.
(c) Establish reasonable standards of service and quality of products; prevent unjust discrimination in service or rates.
(d) Make an independent audit and examination of accounts at any time and require independently audited reports annually.
(e) Require continuous and uninterrupted service to the public in accordance with the terms of the franchise.
(f) Control and regulate the use of city streets, alleys, bridges, easements, and public places, and the space above and beneath them.
(g) Regulate rates, fares and charges to the extent such regulation is permitted by law.
(h) Impose such other regulations from time to time as it may determine to be required for the public safety and general welfare.
Section 9.3. Revocable permits.Temporary permits for the operation of public services utilizing public streets, alleys, bridges, easements, and public places for a period not to exceed two years may be granted by the city council by ordinance without public hearing. Such permit shall be subject to amendment, alteration or revocation at any time at the will of the council whether so provided in the ordinance or not. Any permit granted hereunder shall in no event be construed to be a franchise, or an extension or amendment of a franchise.
Section 9.4. Operation beyond franchise.Any operation under a franchise with the tacit permission of the city, beyond the period for which the franchise was granted, shall under no circumstances be construed as a renewal or extension of the franchise. Any such operation shall be regarded as a temporary permit, subject, like other permits to amendment, alteration, or revocation at any time at the will of the council.
Licensing, Taxation, and Regulation of Businesses,
Occupations, Professions, Vocations and Other Activities
Section 10.1. Objects of licensing, taxation, and regulation.The council shall have power by ordinance to license, tax, and regulate all businesses, occupations, professions, vocations, activities, or things whatsoever set forth and enumerated by the statutes of this state now or hereafter applicable to constitutional charter cities, or cities of any class, or of any population group, and which any such cities are now or may hereafter be permitted by law to license, tax, and regulate.
Section 11.1. Personal financial interest.Any city officer, board member, council member, commission member or employee who has a substantial financial interest, direct or indirect or by reason of ownership of stock in any corporation, in any contract with the city or in the sale of any land, material, supplies or services to the city or to a contractor supplying the city shall make known that interest and shall refrain from voting upon or otherwise participating as a city officer, board member, council member, commission member or employee in the making of such contract. Any person who is a city officer, board member, council member, commission member or employee and who willfully conceals such a substantial financial interest or willfully violates the requirements of this section shall be guilty of malfeasance in office or position and shall forfeit such person's office or position. Violation of this section with the knowledge expressed or implied of the person or corporation contracting with or making a sale to the city shall render the contract or sale voidable by the Chief Administrative Officer or the city council.
Section 11.2. Political activity.No city employee shall solicit any contribution for the campaign fund of any candidate for Kirkwood city office or take part in the political campaign of any candidate for Kirkwood city office. All employees may exercise their rights as a private citizen to express opinions and, if a registered voter in Kirkwood, sign a nominating petition for any city candidate and vote in any city election. Political affiliation, participation or contribution shall not be considered in making any city employment decision. No city officer, employee or member of a board or commission shall use official authority or official influence for the purpose of interfering with or affecting the result of an election to or nomination for Kirkwood city office. No city officer, employee or member of a board or commission shall directly or indirectly coerce, attempt to coerce, command, advise, or solicit a city employee to pay, lend, or contribute anything of value to a party, committee, organization, agency or person for political or electoral purposes.
Section 11.3. Prohibitions.
(a) Activities prohibited.(i) No person shall be appointed to or removed from, or in any way favored or discriminated against with respect to any city position or appointive city administrative office because of race, sex, age, political or religious opinions or affiliations.
(ii) No person shall willfully make any false statement, certificate, mark, rating or report in regard to any test, certification or appointment under the provisions of this charter or the ordinances, rules, and regulations made thereunder, or in any manner commit or attempt to commit any fraud preventing the impartial execution of such provisions, ordinances, rules, and regulations.
(iii) No person who seeks appointment or promotion with respect to any city position or appointive city administrative office shall directly or indirectly give, render or pay any money, service or other valuable thing to any person for or in connection with such person's test, appointment, proposed appointment, promotion or proposed promotion.