(a)
It shall be unlawful for any person engaged in the business of furnishing
public utility service to the public within the city, or for any person
exercising or enjoying any public franchise or privilege under or
in the city, to charge or collect for the local service rendered by
them to the public in the city any higher rate than the rates fixed
by the city council without first filing an application for such increase
and securing the approval thereof by the city council after an open
hearing, as hereinafter provided.
(b)
In the event any such person mentioned in this section shall desire
to increase the charges at this time existing for such service, he
shall, prior to attempting such increase, file with the city council
his application setting out in detail the rates by him proposed to
be charged and the reasons for such increase and request a hearing.
(c)
Upon the filing of such application, the city council shall, at the
next succeeding regular meeting, set a date for such hearing to begin,
which date shall not be later than thirty (30) days thereafter, and
notice of such date shall be given to the petitioner. Upon such hearing,
which shall be held by the city council in open meeting, such petitioner
shall have the right and it shall be his duty to produce such documents,
books, records, accounts and other evidence as may be necessary to
enable the city council to pass intelligently and fairly upon the
reasonableness of the proposed rates. The city council shall have
the right and authority to call for or introduce any books, records,
documents, accounts or other evidence which might assist in arriving
at the proper determination of the issues involved.
(d)
Such hearing shall be expeditiously conducted, and at the termination
thereof the city council shall, within sixty (60) days thereafter,
either grant or refuse such increase, or partially grant same, or
lower the existing rates as the merits of the case may require. It
shall be unlawful for any person to charge or attempt to charge any
rates for local service within the city higher than that so fixed
by the city council; and any such increased rate so made without permission
shall be void, and uncollectible. No person shall discontinue or refuse
to furnish service to the public because of the failure or refusal
of the public to pay a higher rate than the one so fixed by the city
council. Each separate charge of collection of any increase without
permission of the city council shall constitute a separate offense.
(1958 Code, sec. 39-15; 1978 Code,
sec. 28-110)
Any person enjoying any public franchise within the limits of the city or holding any public privilege or right to render public service for profit within the city or rendering any public utility service within the city, who shall violate the provisions of section 22.04.001, or who shall increase the rates charged the public in violation thereof, shall subject himself to a forfeiture of such franchise rights, if any he may have, and the same may be forfeited by the city council, after ten (10) days’ notice to the holder of such franchise right. Any such person, with or without franchise, who shall in the city fail or refuse to comply with the provisions of this article shall not be allowed or permitted to continue the operation of the business in which he is engaged within the city, and shall be, upon order of the city council, by the police department, restrained and prevented from so doing.
(1958 Code, sec. 39-16; 1978 Code,
sec. 28-111)
(a)
Commercial consumer.
Residential consumer.
Definitions.
The term “commercial consumer” as used in the schedules cited in subsection (c) of this section shall mean a customer or user of gas engaging in any business, professional or institutional activity, for all unrestricted uses of gas, including cooking, heating, refrigeration, water heating, air conditioning and power.
The term “residential consumer” as used in the schedules cited in subsection (c) of this section shall mean a customer or user of gas to whom service is supplied in a dwelling or a residential apartment for uses usual in a home. The terms “residential consumer” and “domestic consumer” are considered to be synonymous.
(b)
Natural gas supplied for individual use; resale or sharing prohibited.
Natural gas supplied by Centerpoint Energy, its successors and
assigns is for the individual use of the customer at one point of
delivery and shall not be resold or shared with others.
(c)
Schedules of rates for natural gas, natural gas service.
Centerpoint Energy, its successors and assigns (hereinafter sometimes
referred to as the “company”) is hereby authorized to
place in effect the schedules of rates within the city for the supply
of natural gas and natural gas service, which schedules are on file
in the office of the city clerk.
(d)
Right of city council to regulate rates preserved.
Nothing
contained in this section shall be construed as in any manner, now
or hereafter, limiting or modifying the right and power of the city
council under the law to regulate the rates charged by Centerpoint
Energy, its successors and assigns, within the city.
(1958 Code, secs. 39-17–39-18.1; 1978 Code, secs. 28-112–28-115; Ordinance
08-040, secs. 37–40, adopted 5/13/08)
