In this article:
shall have the meaning provided by section 10.03 of this Code.
includes any person and that person’s subsidiaries,
lessees, trustees, receivers, agents, and employees owning or operating
in the City any wires, poles, lines, conduit lines, pipes, pipelines,
plant property or equipment, while using any of the streets, alleys,
or public grounds within the corporate limits of the City for the
purpose of producing, generating, transmitting, conveying or delivering
electric energy or natural gas for the use of any person within the
City, for compensation.
The above definitions are cumulative only and not exclusive
of any person, other than the City, engaged in the electric light
and power or natural gas business in such manner as to be affected
with a public interest and the same are declared to be “public
utilities” and subject to all the provisions of this article.
means and includes every compensation, charge, fare, toll,
rental and classification, or any of them, demanded, charged, observed,
or collected by any public utility for any service, product or commodity
offered by it to the public or to any person within the corporate
limits of the City, and rules and regulations, practices or contracts
affecting any such compensation, charge, fee, toll, rental or classification.
(Ordinance 5617, sec. 1, adopted 12/18/01)
(A)
This
article is intended to apply to the fullest extent of the authority
given to the City over a public utility under the laws of this state
including, without limitation, the Utility Code. Subject to the laws
of this state, every public utility governed by this article is hereby
declared to be engaged in a business that is affected with the public
interest, and is subject to the jurisdiction, control and regulation
of the City Council in accordance with the provisions of the constitution
and laws of this state and ordinances of the City, and all franchises
and public privileges as heretofore or hereafter granted by the City.
To the fullest extent provided by the laws of this state, the City
Council assumes and retains original regulatory jurisdiction in the
fixing and regulating of charges, fares or rates of any public utility
now enjoying or that may hereafter enjoy the privilege of any franchise
or that occupies or uses any public street or public property.
(B)
The City Council, after a hearing and notice as provided for in section 50.05, may by ordinance from time to time determine and fix such rates or compensations, and prescribe such maximum and minimum rates or compensation, and enforce such schedule of rates to be charged and collected by any public utility for its services or commodities furnished to any person within the corporate limits of the City. Such rates so established or fixed shall be just, fair and reasonable for the services or commodities furnished by such public utility.
(C)
The City Council may, after a hearing and notice as provided for in section 50.05, upon its own motion, ascertain and fix charges and reasonable standards, classifications, regulations, practices or services to be furnished, imposed, observed and followed by a public utility; ascertain and fix adequate and reasonable standards for the measurement of quantity, quality, pressure, voltage or other conditions or characteristics pertaining to the supply of the product, commodity or service furnished or rendered by a public utility; prescribe reasonable regulations for the examination and testing of such products, commodities, or services and for the measurement thereof; establish and approve reasonable rules, regulations, specifications and standards to secure the accuracy of all meters and appliances for the measurement of the products, commodities or services of a public utility.
(D)
The City Council may, upon notice and a hearing as provided for in section 50.05, ascertain and fix the value of the whole or any part of the property of any public utility insofar as the same is material to exercise of the jurisdiction of the City Council, and may make valuations and revaluations from time to time, and ascertain the value of all new construction, extensions and additions to the property of every such public utility.
(Ordinance 5617, sec. 1, adopted 12/18/01)
For the performance of the duties of the City Council and the
enforcement of this article relative to public utilities, the City
Council may appoint, employ or remove consultants, engineers, accountants,
statisticians, assistants, inspectors, clerks, examiners, and such
subordinates as may, from time to time, become reasonably necessary
to gather data and information as to the reasonableness of rates to
be fixed, charged and collected by a public utility within the corporate
limits of the City, and may appoint, on such terms as may be advisable,
counsel and attorneys who are specially skilled in rate matters, which
counsel and attorneys shall advise the City Council and represent
it and the City, in conjunction with the City Attorney, in all litigation
and other proceedings under the direction of the City Attorney.
(Ordinance 5617, sec. 1, adopted 12/18/01)
The City Council shall have the power and authority to have
brought before it, at any reasonable time, any officer, manager, agent,
servant or employee of a public utility doing business in the City
and compel them to testify and give and submit evidence to the City
Council in any matters involving the fixing of rates or compensation
to be charged and collected by any such public utility, and shall
have the power and authority to compel any manager, agent, servant
or employee of a public utility to bring before the City Council any
records, books or accounts of the public utility and submit the same
to the City Council for inspection and investigation at any hearing
or investigation provided for under this article or which, from time
to time, may be held within the discretion of the City Council.
(Ordinance 5617, sec. 1, adopted 12/18/01)
The City Council shall, upon call of the Mayor, a majority of
the members of the City Council, or the public utility affected, conduct
a hearing to:
(1)
Determine,
fix, and regulate the charges, fares, rates or compensation of any
public utility now enjoying or that may hereafter enjoy a franchise
granted by the City;
(2)
Prescribe
the kind of service to be furnished by such public utility and the
manner in which it shall be rendered; or
(3)
Alter
or change any rules, regulations or compensation with respect to any
such public utility.
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The hearing may be conducted either at a regular meeting of
the City Council or at a special meeting called for such purpose following
at least ten (10) days’ prior written notice to the affected
public utility. The notice shall state the time and place of the meeting
and the purpose thereof. In order to ascertain all the facts necessary
for a proper understanding of what is or could be a reasonable rate
or compensation, the public utility shall, upon demand, submit for
inspection by the City Council, the City Manager, or City Attorney,
its books, records and schedules of rates or charges, as well as the
rates proposed to be charged. The City Council shall have full power
to compel the attendance of witnesses for any such hearing before
the Council.
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(Ordinance 5617, sec. 1, adopted 12/18/01)
No public utility doing business within the corporate limits
of the City shall, either directly or indirectly or by any device
whatsoever, undertake to make any gift or rebate of its services,
nor demand, collect or receive from any person, a greater or less
compensation for any service rendered or to be rendered than that
prescribed by the City Council. In addition, no person shall receive
or accept any service from a public utility for a compensation less
than that prescribed by the City Council. No public utility, however,
shall be prohibited from charging or collecting a greater compensation
than that prescribed where the City Council elects to prescribe only
minimum rates or compensation.
(Ordinance 5617, sec. 1, adopted 12/18/01)
Under such rules and regulations as the City Council may, from
time to time, prescribe, and upon demand from the City Council, every
public utility governed by this article shall file with the City Council,
within such time and in such form as the City Council may designate,
schedules showing its rates being charged, demanded and collected
for service or sale of its commodity to persons within the corporate
limits of the City. All public utilities shall keep copies of such
schedules open for public inspection under such rules and regulations
as the City Council may prescribe.
(Ordinance 5617, sec. 1, adopted 12/18/01)
Any utility affected by any schedule of rates fixed by the City
Council under this article, or any regulations thereof, or any person
thus affected, may by petition secure a hearing, or the City Council,
on its own motion, may call such hearing, and, after notice and hearing,
may change, alter or modify any existing rate, or rates or regulations
and amend or substitute an entirely new rate structure, and make such
further schedule of rates, regulations and rules by ordinance, resolution
or order as may be deemed consistent with fair and reasonable rates
to be charged patrons or customers of public utilities within the
corporate limits of the City for the commodities furnished or services
rendered.
(Ordinance 5617, sec. 1, adopted 12/18/01)
Every public utility governed by this article shall furnish
adequate, efficient and reasonable service.
(Ordinance 5617, sec. 1, adopted 12/18/01)
Every public utility governed by this article shall establish
a recordkeeping system for all books and accounts in a form and manner
acceptable to the City Council. Where state or federal laws or regulations
prescribe the method in which a public utility shall keep its books
and accounts, compliance with such state or federal laws or regulations
shall be deemed compliance with this section.
(Ordinance 5617, sec. 1, adopted 12/18/01)
Every public utility governed by this article shall file with
the City Council an annual report and any special report to which
it is entitled or may request in connection with the enforcement of
this article. All reports shall be made under oath when so required
by the City Council.
(Ordinance 5617, sec. 1, adopted 12/18/01)
The City Council may, upon its own motion and whenever it may
deem necessary in the performance of its duties, investigate and examine
the condition and management of any public utility governed by this
article. In conducting any such investigation, the City Council may
proceed either with or without a hearing, as it may deem best, but
it shall make no order without affording the parties thereto a hearing.
(Ordinance 5617, sec. 1, adopted 12/18/01)
In all hearings before the City Council or investigations by
the City Council under the terms of this article, the City Council
may issue subpoena duces tecum and all necessary process in proceedings
pending before it, which process may be served by the City Council
or by any person authorized to serve process of courts of record.
(Ordinance 5617, sec. 1, adopted 12/18/01)
The City Council or any party to the proceedings may, in any
investigation or hearing held before or by the City Council under
this article, cause the deposition of witnesses to be taken in the
manner prescribed by law for the taking of depositions in civil cases.
(Ordinance 5617, sec. 1, adopted 12/18/01)
Any public utility governed by this article shall permit the
City Council and its officers, agents and employees, during all reasonable
hours, to enter upon any premises occupied by it for the purpose of
making examinations and tests or exercising any power provided for
in this article and shall permit the setting up and use on such premises
of any apparatus, equipment or appliance necessary therefor. Such
utility shall have a right to be represented at the making of such
examinations, tests and inspections.
(Ordinance 5617, sec. 1, adopted 12/18/01)
Nothing contained in this article shall be construed as granting
to any person or public utility any franchise rights whatsoever or
public privileges or the extension to any outstanding or existing
public privileges and franchise rights, but all such franchises and
public privileges, if any there be, heretofore granted by the City
shall be strictly complied with in every respect by the holder of
such franchise or public privilege.
(Ordinance 5617, sec. 1, adopted 12/18/01)
(A)
Any
public utility subject to the provisions of this article or any manager,
agent, servant or employee of any such utility, failing or refusing
to subject itself or himself to the jurisdiction of the City Council
as provided for in this article, or failing or refusing to obey any
order or ordinance of the City Council legally promulgated hereunder,
after reasonable notice and opportunity to do so, shall be guilty
of a misdemeanor and subject to a penalty as hereinafter provided.
(B)
In construing
and enforcing the provisions of this article, the acts, omissions,
and commissions or failure of any official, agent or employee or any
person acting within the scope of the person’s official duties
or employment shall in every way be deemed to be also the act, omission,
commission or failure of such corporation, person, firm, partnership
or public utility.
(C)
All
penalties accruing for violations of this article shall be cumulative
and a suit may be brought by the City in any court having competent
jurisdiction thereof against any public utility for the recovery of
such penalty and a suit for the recovery of any one penalty shall
not be a bar to any criminal prosecution against any public utility
or any official, director, agent, servant or employee thereof, or
any other corporation, person, firm or partnership.
(Ordinance 5617, sec. 1, adopted 12/18/01)
