In addition to the city’s power to buy, own, construct,
maintain and operate utilities and to manufacture and distribute electricity,
gas, or anything else that may be needed or used by the public, the
city shall have further powers as may now or hereafter be granted
under the constitution and laws of the State of Texas.
The council shall have power by ordinance to grant, amend, renew
and extend all franchises of all public utilities of every character
operating within the city of Cameron, and for such purposes is granted
full power. All ordinances granting, amending, renewing, or extending
franchises for public utilities shall not be finally passed until
thirty days after the first reading; and no such ordinance shall take
effect until thirty days after its final passage; and pending such
time, the caption of such ordinance shall be published once each week
for four consecutive weeks in the official newspaper of the city of
Cameron, and the expense of such publication shall be borne by the
proponent of the franchise. No public utility franchise shall be transferable
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.
All grants, renewals, extensions, or amendments of public utility
franchises, whether it be so provided in the ordinance or not, shall
be subject to the right of the city:
(1) To repeal
the same by ordinance at any time for failure to begin construction
or operation within the time prescribed or otherwise to comply with
the terms of the franchise; such power to be exercised only after
due notice and hearing.
(2) To require
an adequate extension of plant and service and maintenance of the
plant and fixtures at the highest reasonable standard of efficiency.
(3) To establish
reasonable standards of service and quality of products and prevent
unjust discrimination in service or rates.
(4) To prescribe
the form of accounts kept by each such utility; provided, that if
the utility shall keep its accounts in accordance with the uniform
system of accounts for said utility prescribed by the National Association
of Railroad and Public Utility Commissioners, the Federal Power Commission,
the Federal Communications Commission, the Railroad Commission of
Texas, their successor or successors this shall be deemed sufficient
compliance with this paragraph. At any time to examine and audit the
accounts and other records of any utility and to require annual and
other reports, including reports on local operations by each such
public utility.
(5) To impose
such reasonable regulations and restrictions as may be deemed desirable
or conducive to the safety, welfare, and accommodation of the public.
(6) To at
any time require such compensation and rental as may be permitted
by the laws of the State of Texas.
No franchise granted by city of Cameron shall contain any provision
that would prohibit the granting of any like or similar rights to
any persons, firm or corporations.
All franchises heretofore granted are recognized as contracts
between the city of Cameron and the grantee, and the contractual right
as contained in any such franchises shall not be impaired by the provisions
of this Charter, except that the power of the city of Cameron 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 the grantee which shall include the right to require
proper and adequate extension of plant and service and the maintenance
of the plant and fixtures at the highest reasonable standard of efficiency.
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 franchise.
Within six months after this Charter takes effect every public
utility and every owner of a public utility franchise 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 Cameron. 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 liabilities sub-divided
by classes, depreciation, reserve, other reserves, and surplus, also
revenues, operating expenses, including depreciation, interest payments,
rentals and other disposition of annual income. The accounts shall
show the actual capital cost to the city of each public utility owned,
also of tile [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
to or rendered by any such utility to any other city or governmental
department. The council shall annually cause to be made by a licensed
public accountant and shall publish a report showing the financial
results of such city ownership and operation, giving the information
specified in this section or such data as the council shall deem expedient,
in accordance with Section 26, Article II.
The council shall have full power, after due notice and hearing,
to regulate by ordinance the rates and service of every public utility
operating in the city of Cameron or to relinquish regulation by ordinance
of any or all public utilities.