78.630. Franchise, lease, rights, privileges, also extensions and renewals, how granted--approval by voters--procedure.

MISSOURI STATUTES AND CODES

78.630. Franchise, lease, rights, privileges, also extensions and renewals, how granted--approval by voters--procedure.

Franchise, lease, rights, privileges, also extensions and renewals,how granted--approval by voters--procedure.

78.630. 1. No initial ordinance granting any franchise,lease, right or privilege in or under the streets, publicthoroughfares or public places of a city operating under sections78.430 to 78.640 shall go into effect or become operative or vestany right in the grantee or grantees, unless such grant shallfirst be approved by a majority of the voters voting at amunicipal election at which the proposed grant is properlysubmitted. Any renewal or extension thereof shall be subject tovoter approval of the majority of the voters voting on thequestion, pursuant to the provisions of section 88.251, RSMo.

2. No ordinance or amendment or modification thereofgranting any nonexclusive franchise, lease, right or privilegefor not to exceed twenty years in or under the streets, publicthoroughfares or public places of a city operating under sections78.430 to 78.640 shall go into effect or become operative or vestany right in the grantee or grantees, except upon priorcompliance with the following conditions:

(1) Before final passage of the ordinance, or amendment ormodification of ordinance, by the council, the city clerk shallprepare a notice of a public hearing thereupon and cause it,along with a true copy of the ordinance, including the full textof the franchise under consideration, to be published once a weekfor four consecutive weeks in a daily newspaper or for fourconsecutive weeks in a weekly newspaper if no daily newspaper ispublished in the city, the first publication to be at leastthirty days before, and the last publication within ten days of,the date fixed by the city council for the public hearing;

(2) The notice shall give the date, time and place of thepublic hearing, and shall contain a statement of the substanceand effect of the proposed ordinance, and a further statementthat the ordinance, or amendment or modification of ordinance, asintroduced, or a true copy thereof, may be inspected and copiedat the office of the city clerk during regular business hours;

(3) The public hearing shall be at a regular, adjourned orcalled meeting of the city council at which all interestedpersons will be heard in person or by attorney;

(4) The city council may at any time, before or after thepublic hearing, submit the proposed franchise, lease, right orprivilege to an election by the voters for their approval;

(5) The provisions of this subsection shall not apply in thegranting of any franchise, lease, right or privilege to anyutility regulated by the public service commission of the stateof Missouri.

3. Any ordinance, however, may be amended or modified by thecouncil of any city as to streets, alleys, or public placesalready occupied and used by any person, persons or corporationby and under a franchise then in existence and only as to suchstreets, alleys or public places used and occupied by suchperson, persons or corporation under a franchise then inexistence, when such modifications or amendment is necessary toenable such person or corporation to enlarge, better or improveits facilities, equipment, material or structure above, upon orbeneath such streets, alleys, public thoroughfares or publicplaces then used and occupied by such person or corporation byand under a franchise then in existence, for the purpose ofremoving or overcoming hindrances to public service. The citycouncil shall have the right to grant to any railroad company theright to construct switches or spur tracks to industrial plantsor warehouses.