In addition to the city’s power to buy, own, construct,
maintain and operate utilities within or without the city limits,
and to manufacture and distribute electricity, gas or anything else
that may be needed or used by the public, the City shall have further
power as may now or hereafter be granted under the Constitution and
laws of the State of Texas.
The right of control and use of the public streets, highways,
sidewalks, alleys, parks, public squares and public places of the
City is hereby declared to be inalienable by the City, except by ordinances
not in conflict with the provisions of this Charter. No act or omission
by the Council or any officer or agent of the City shall be construed
to grant, renew, extend or amend, expressly or by estoppel or implication
any right, franchise or easement affecting said public streets, highways,
sidewalks, alleys, parks, public squares, public places and other
real property, except as provided in this Charter.
All ordinances granting, amending, renewing or extending franchises
for public utilities shall be read at two separate regular meetings
of the Council and shall not be finally passed until thirty (30) days
after the first reading; and no such ordinance shall take effect until
thirty (30) days after its final passage. Subsequent to the first
reading of such ordinance but prior to the second reading, the full
text of such ordinance, or its caption if permitted by the City Council,
shall be published twice in the official newspaper of the City of
Euless. Subsequent to the second reading of such ordinance, but prior
to its taking effect, the full text of such ordinance, or its caption
if permitted by the City Council, shall be published twice in the
official newspaper of the City of Euless. The expense of all such
publications shall be borne by the proponent of the franchise.
(Amended, 5-6-95)
No public utility franchise shall be transferable except to
persons, firms, or corporations taking all or substantially all of
the holder’s business in the City of Euless and except with
the approval of the Council expressed by ordinance.
In fixing reasonable rates and charges for utility service within
the City and in determining the just compensation to be paid by the
City for public utility property which the City may acquire by condemnation
or otherwise, nothing shall be included as the value of any franchise
granted by the City under this Charter.
The Council shall, to the extent and in the manner authorized
by law, have full power to regulate by ordinance the rates, charges
and fares of every public utility franchise holder operating in the
City, provided that no such ordinance shall be passed as an emergency
measure.
(Amended, 11-5-91)
The consent of abutting and adjacent property owners shall not
be required for the construction, extension, maintenance or operation
of any public utility; but nothing in this Charter or in any franchise
granted thereunder shall ever be construed to deprive any such property
owners of any right of action for damage or injury to his property
as now or hereafter provided by law.
All extensions of public utilities within the city limits shall
become a part of the aggregate property of the public utility, shall
be operated as such, and shall be subject to all the obligations and
reserved rights contained in this Charter and in any original grant
hereinbefore made. The right to use and maintain any extensions shall
terminate with the original grant. In case of an extension of public
utility operated under a franchise hereafter granted, such right shall
be terminable at the same time and under the same conditions as the
original grant.
Permits unconditionally revocable at the will of the governing
body for minor or temporary privileges in the streets, public ways
and public places of the City may be granted and revoked by ordinance
from time to time, and such permits shall not be deemed franchises
as the term is used in this Charter.
All franchises heretofore granted are recognized as contracts
between the City of Euless and the grantee, and contractual rights
as contained in any such franchises shall not be impaired by the provisions
of this Charter, except that the power of the City of Euless to exercise
the right of eminent domain in the acquisition of any utility property
is in all things reserved, and except the general powers of the City
heretofore existing and herein provided for to regulate the rates
and services of a utility, which shall include the right to require
adequate and reasonable extension of plant and service and the maintenance
of the plant fixtures at the standard necessary to render the highest
reasonable quality of utility service to the public. Every public
utility franchise hereafter granted shall be held subject to all the
terms and conditions contained in the various sections of this article
whether or not such terms are specifically mentioned in the franchises.
Nothing in this Charter shall operate to limit in any way, as specifically
stated, the discretion of the Council or the electors of the City
in imposing terms and conditions as may be reasonable in connection
with any franchise grant, including the right to require such compensation
or rental as may be permitted by the laws of the State of Texas.
Within six (6) months after this Charter takes effect, every
public utility and every owner of public utility franchises shall
file with the City, as may be prescribed by ordinance, certified copies
of all franchises owned or claimed, or under which such utility is
operated in the City of Euless. The City shall compile and maintain
a public record of public utility franchises.
Accounts shall be kept for each public utility owned or operated
by the City, in such manner as to show the true and complete financial
results of such City ownership and operation, including all assets,
appropriately subdivided into different classes, all liability subdivided
by classes, depreciation reserve, other reserves, and surplus; also
revenues; operating expenses including depreciation, interest payments,
rental, and other disposition of annual income. The accounts shall
show the actual capital cost to the City of each public utility owned,
also the cost of all extensions, additions, and improvements and the
source of the funds expended for such capital purposes. They shall
show as nearly as possible the cost of any service furnished or rendered
by any such utility to any other city or governmental department.
The Council shall annually cause to be made by a certified public
accountant, and shall publish, a report showing the financial condition
of said public utility and the financial results of such city ownership
and operation, giving the information specified in this section and
such additional data as the Council shall deem expedient.