In addition to the city's power to buy, construct, lease, maintain,
operate and regulate public utilities and to manufacture, distribute
and sell the output of such utility operations, the city shall have
such other further powers as may now or hereafter be granted under
the Constitution and laws of the State of Texas.
The council shall have power to grant, amend, renew or extend
by ordinance all franchises of all public utilities of every character
including any person, business or corporation providing cable television
or community antenna television service, operating within the City
of Hillsboro, and for such purposes is granted full power. 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 and except with the approval of the council expressed
by ordinance. No franchise shall be granted for an indeterminate term.
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 to the value of any franchise
granted by the city.
All grants, renewals, extensions or amendments to public utility
franchises, whether it be so provided in the ordinance or not, shall
be subject to the right of the city:
(a) To repeal the same by ordinance at any time for failure to begin
construction or operation within the time prescribed or for failure
otherwise to comply with the terms of the franchise, such power to
be exercised only after due notice and hearing.
(b) To require an adequate and reasonable extension of plant and service,
and the maintenance of the plant and fixtures at the standard necessary
to render the highest reasonable quality of utility service to the
public.
(c) To establish reasonable standards of service and quality of products
and prevent unjust discrimination in service or rates.
(d) To prescribe the form of accounts kept by each such utility. If the
franchise or ordinance does not prescribe the form of accounts kept
by each utility, then it shall keep its accounts in accordance with
the utility system of accounts for said utility prescribed by the
appropriate state and/or federal utility regulatory agencies.
(e) To examine and audit the accounts and other records of any such utility
at any time and to require annual and other reports, including reports
on local operations by each such public utility.
(f) To impose such reasonable regulations and restrictions as may be
deemed desirable or conducive to the safety, welfare and accommodation
of the public.
(g) Procedural rules and regulations dealing with public utilities shall
conform to the requirements of the appropriate state regulatory agencies.
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 their 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
hereafter made. The right to use and maintain any extension 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.
All franchises heretofore granted are recognized as contracts
between the city and the grantee, and the 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 to exercise the right
of eminent domain in the acquisition of any utility property is in
all things reserved, and except the general power 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 voters 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.
The city shall compile and maintain a public record of all public
utility franchises.
The city council shall have the power by ordinance to fix and regulate, after public hearing and reasonable notice as provided in Section
3.13 of this charter, the price of water, gas, electric lights, electric power and steam heat and to regulate and fix the fares, charges of all public transportation of every kind, whether transporting passengers, freight or baggage, and generally to fix and regulate the rates and charges of all public utilities of every kind operating within the corporate limits of the City of Hillsboro, including any person, business or corporation providing cable television or community antenna television services. However, as may be provided under the Constitution and laws of this state, the city shall also have the power to delegate such authority to the appropriate state or federal utility regulatory agencies.