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 (see powers made part of this charter in Article I, Section 3), the city shall have further powers as may now or hereafter be granted under the constitution and laws of the State of Texas.
The city commission shall have power by ordinance to grant, amend, renew, cancel for cause, and extend all franchises of all public utilities of every character operating within the City of Dumas, and for such purposes is granted full power. All ordinances granting, amending, renewing, canceling for cause, or extending franchises for public utilities shall be passed as is hereinbefore provided for all other ordinances.
In fixing reasonable rates and charges for utility services 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 original 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 ordinances 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 the 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)
(a)
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 Communication Commission, the Railroad Commission of Texas, their Successor or successors, this shall be deemed sufficient compliance with this paragraph.
(b)
At any time to examine and audit the account and other records of any such 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 conductive [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.
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 owner of any right of action for damage or injury to his property as now or hereafter provided by law.
All extension 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 and shall be terminable as provided in Section 4, Article X. In case of an extension of a 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 of Dumas and the grantee, and the contractual right as contained in any such franchise shall not be impaired by the provisions of this charter. Except the general power of the city heretofore existing and herein provided for to regulate the rates and services of a 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. Nothing in this charter shall operate to limit in any way as specifically stated, the discretion of the commission or the electors of the city in imposing terms and conditions as may be reasonable in connection with any franchise grant.
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 Dumas. 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 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 to or rendered by any such utility to any other city or governmental department. The commission shall semi-annually cause to be made by a certified public accountant and shall publish a report showing the financial results of such city ownership and operation, giving the information specified in this section.
The city commission 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 Dumas as such powers are conferred upon it by State Statute.