The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning. The definitions
in this section of “corporation,” “person,” “public
utility” and “utility” are cumulative only and not
exclusive of any person, including the city, engaged in the electric
light and power business in such manner as to be affected with a public
interest, and are declared to be a public utility, and subject to
all the provisions of this article.
means the city limits as now established, or which may be
extended, in accordance with law.
means a private corporation, an association, a joint stock
company or a public trust.
means a natural person, a partnership of two or more persons
having a joint or common interest, or a corporation.
includes any person or his lessee, trustee, receivers and
their agents, employees and servants, 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 pursuant to any franchise
right or public privilege legally granted, for the purpose of producing,
generating, transmitting, conveying or delivering electric energy
for the production of light, heat or power, or for any other use or
purpose now known or that may hereafter become known, for public use
or for use of any person within the corporate limits for compensation.
includes any person, including the city, producing, generating,
transmitting, conveying or delivering electric energy for the production
of light, heat or power, or for any other purpose now known or that
may hereafter become known, for public use or for the use of any person
within the corporate limits for compensation.
means and includes every compensation, charge, fare, toll,
rental and classification or any of them, demanded, charged, observed
or collected by any such public utility for any service, product or
commodity offered by it to the public or to any person within the
incorporated limits of the city, and rules and regulations, practices
or contracts affecting any such compensation, charge, fee, toll, rental
or classification. Every rate made, demanded or received by any such
public utility within the city, or by two or more public utilities
jointly, shall be just and reasonable, and every such public utility
shall furnish adequate, efficient and reasonable service, provided
the franchise right or public privilege enjoyed by such public utility
so legally permits such service.
(Ordinance 512, art. I, secs. 1–8,
adopted 11/24/1939; 1999 Code,
sec. 98-101)
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 such engineers, accountants,
statisticians, assistants, inspectors, clerks, examiners, and such
subordinates as may become reasonably necessary to gather data and
information as to the reasonableness of rates to be fixed, charged
and collected by any public utility within the corporate limits 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 council; and 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 any public
utility doing business in the city and compel them to testify and
give evidence 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, or any pertinent rules or regulations,
and shall have the power and authority to compel any manager, agent,
servant or employee of any public utility to bring before the city
council any records, books or accounts of any such public utility
and submit them to the city council for inspection and investigation
at any hearing or investigation provided for under this article, or
which may be held within the discretion of the city council.
(Ordinance 512, art. II, sec. 1,
adopted 11/24/1939; 1999 Code,
sec. 98-102)
In all matters coming before the city council pertaining to
public utilities, a majority of the city council shall constitute
a quorum for the transaction of any business, for the performance
of any duty, or for the exercise of any power of the city council.
The act of a majority of the city council shall be the act of the
city council, and all investigations and hearings or inquiries shall
be held by the city council and under its direction and authority.
(Ordinance 512, art. II, sec. 2,
adopted 11/24/1939; 1999 Code,
sec. 98-103)
Under such rules and regulations as the city council may prescribe,
upon demand from the city council, every public utility shall file
with the city council, within such time and in such form as the city
council may designate, schedules showing the rates being charged,
demanded and collected by such public utility for service or sale
of its commodity to all persons within the corporate limits. 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 512, art. III, sec. 1,
adopted 11/24/1939; 1999 Code,
sec. 98-104)
No public utility doing business within the corporate limits
shall, directly or indirectly, by any device whatsoever, or in any
way, manner or method, use any indirection or subterfuge of any kind
or character by the terms of which it shall undertake to make any
gift or rebate of its service or commodity, nor shall it demand, collect
or receive from any person a greater or less compensation for any
service rendered or to be rendered to any of its patrons or customers
than that as prescribed or may be prescribed by the city council and
applicable schedules; nor shall any person receive or accept any service
of any public utility’s commodities it has for sale for a compensation
greater or less than that prescribed, and such schedules or rates
as may be established by the city council; however, no public utility
shall be prohibited from charging or collecting, either directly or
indirectly, a greater compensation, unless such compensation exceeds
that provided by law, than that prescribed by ordinance, where the
city council elects to prescribe merely minimum rates or compensation.
(Ordinance 512, art. III, sec. 2,
adopted 11/24/1939; 1999 Code,
sec. 98-105)
No public utility shall, as to rate or service, make or grant
any unreasonable preference or advantage to any person or subject
any person to any privilege or disadvantage. No public utility nor
the city council shall establish or maintain any unreasonable difference
as to rates or as between classes of service, except such as may be
made mandatory by public privileges and franchise rights under which
any such public utility may operate within the corporate limits. The
city council shall determine any question of fact arising under this
section.
(Ordinance 512, art. III, sec. 3,
adopted 11/24/1939; 1999 Code,
sec. 98-106)
Every public utility described in this article is 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 the state, ordinances of the city, and all franchises
and public privileges granted by the city.
(Ordinance 512, art. III, sec. 4,
adopted 11/24/1939; 1999 Code,
sec. 98-107)
There shall be no rental contract of personal property or other
contracts of any kind or character made by any person furnishing electric
energy or service or its commodity to the public within the corporate
limits in connection with a contract to furnish electric energy or
service; but all such contracts for the furnishing of electric energy
or service, if permitted by laws or ordinances of the city, shall
be separate and apart from all other contracts made with the public,
so that it may be clearly distinguished as to what charges are being
made for the sale of electric energy or service; and any other contracts
which may be authorized, made by any person for the use, lease or
sale of any personal property or for any other purpose, other than
the furnishing of electric energy or service, shall not be contingent
upon the use of electric energy or service or commodity furnished
by such public utility; and all contracts for the furnishing of electric
energy or service or commodity by any public utility operating within
the corporate limits shall be independent of all other contracts;
and all payments for light, heat, power or electric energy or service
or commodity of any kind shall be made only in lawful money of the
United States.
(Ordinance 512, art. III, sec. 5,
adopted 11/24/1939; 1999 Code,
sec. 98-108)
(a)
The city council, for the purpose of determining, fixing and regulating
the charges, fares, rates or compensation, or for the purpose of prescribing
maximum or minimum rates of any public utility enjoying any franchise
granted by the city, or exercising any other public privilege within
the corporate limits, or for the purpose of prescribing the kind of
service to be furnished by any such public utility, and the manner
in which it shall be rendered, and for the purpose of altering or
changing such rules, regulations and compensation, shall, at the request
of the public utility affected, or upon call of the mayor or call
of the majority of the city council, either at a regular meeting of
the city council or at a special meeting called for such purpose,
have a hearing before the city council.
(b)
The city council shall cause at least ten days’ prior notice
by registered mail to be given to any public utility affected by such
hearing, and such notice shall state the time and place of such meeting
and its purpose.
(Ordinance 512, art. IV, secs. 1,
2, adopted 11/24/1939; 1999 Code,
sec. 98-109)
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 to the city council or any other
person designated by it, for inspection, its books, records and schedules
of rates or charges, as well as the rates proposed to be charged,
and the city council shall have full power to compel the attendance
of witnesses for any such hearing before the city council.
(Ordinance 512, art. IV, sec. 3,
adopted 11/24/1939; 1999 Code,
sec. 98-110)
The city council, after a hearing and notice under this article,
shall by ordinance determine and fix such rates or compensation, and
prescribe such maximum and minimum rates or compensation, and enforce
such schedule of rates to be charged and collected by any such public
utility for its services or commodity furnished to its patrons or
to any person within the corporate limits. Such rates so established
or fixed shall be just, fair and reasonable for the services or commodity
furnished by such public utility. All such rates and compensation,
rules and regulations so prescribed by the city council shall be in
strict conformity with the constitution and laws of the state and
the ordinances, resolutions and orders of the city council.
(Ordinance 512, art. IV, sec. 4,
adopted 11/24/1939; 1999 Code,
sec. 98-111)
The city council, either on its own motion, after notice and
hearing, or on petition of any public utility affected by any schedule
of rates fixed by the city council, or any regulations of the council,
or on petition of any person thus affected, may change, alter or modify
any existing rate or regulations, and amend or substitute an entirely
new rate structure, and make a further schedule of rates, regulations
and rules by ordinance, resolution or order, as may be deemed by the
city council consistent with fair and reasonable rates to be charged
patrons or customers of such public utility, within the corporate
limits, for the electric energy or commodity furnished or service
rendered.
(Ordinance 512, art. IV, sec. 5,
adopted 11/24/1939; 1999 Code,
sec. 98-112)
The city council assumes original regulatory jurisdiction in
the regulations, compensations, fixing and regulating the charges,
fares or rates of any public utility enjoying the privilege of any
franchise or exercising any other public privilege as set forth in
this article, and any public utility who shall desire to contest any
rate schedule or rates or compensation or rules or regulations as
may be fixed by the city council shall have the right to appeal as
provided by law.
(Ordinance 512, art. IV, sec. 6,
adopted 11/24/1939; 1999 Code,
sec. 98-113)
No public utility shall unreasonably discriminate in favor of
or against any person within the corporate limits either in apportioning
the supply of its commodities or its charges.
(Ordinance 512, art. IV, sec. 7,
adopted 11/24/1939; 1999 Code,
sec. 98-114)
The city council may, after hearing and notice, upon its own
motion or complaint:
(1)
Ascertain and fix charges and reasonable standards, classifications,
regulations, practices or services to be furnished, imposed, observed
and followed by any public utility;
(2)
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 any public utility;
(3)
Prescribe reasonable regulations for the examination and testing
of such products, commodity and service, and for their measurement;
(4)
Establish and approve reasonable rules, regulations, specifications
and standards to secure the accuracy of all meters and appliances
for the measurement; and
(5)
Provide for the examination and testing of all appliances used for
the measurement of the product, commodity or service of any public
utility.
(Ordinance 512, art. V, sec. 1,
adopted 11/24/1939; 1999 Code,
sec. 98-115)
The city council may, on hearing and notice, ascertain and fix
the value of the whole or any part of the property of any public utility
insofar as it is material to the exercise of the jurisdiction of the
city council and may make valuations and revaluations and ascertain
the value of all new construction, extensions and additions to the
property of every such public utility.
(Ordinance 512, art. V, sec. 2,
adopted 11/24/1939; 1999 Code,
sec. 98-116)
Each public utility shall establish a system of accounts to
be kept as may be ordered and directed by the city council, or the
city council may establish a system of accounts for each class, and
the council may prescribe the manner in which such accounts shall
be kept. In every case where a public utility is required by federal
or state laws or regulations to keep its books or accounts in some
specified form or manner, such practice shall be continued and complied
with, and compliance with such federal or state laws and regulations
shall be deemed compliance with the regulations as prescribed by this
article.
(Ordinance 512, art. V, sec. 3,
adopted 11/24/1939; 1999 Code,
sec. 98-117)
Any public utility shall permit the city council and its officers,
agents and employees, during all reasonable hours, to enter upon any
premises occupied by any such public utility for the purpose of making
the examination and tests and exercising any power provided for in
this article and shall permit the setting up and use on such premises
of any necessary apparatus, equipment or appliance. Such public utility
shall have a right to be represented at the making of such examination,
test and inspection.
(Ordinance 512, art. V, sec. 4,
adopted 11/24/1939; 1999 Code,
sec. 98-118)
Each public utility shall file with the city council annual
reports in such form and of such content as the city council may require,
and special reports concerning any matters about which the city council
is authorized under this article to inquire or keep itself informed
about, or which it is required under this article to enforce. All
reports shall be made under oath when so required by the city council.
(Ordinance 512, art. V, sec. 5,
adopted 11/24/1939; 1999 Code,
sec. 98-119)
The city council may, upon its own motion, whenever it may deem
necessary in the performance of its duties, investigate and examine
the conditions and management of any public utility. 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 a hearing.
(Ordinance 512, art. V, sec. 6,
adopted 11/24/1939; 1999 Code,
sec. 98-120)
In all hearings before the city council or investigations by
the city council under this article, it may issue subpoenas duces
tecum, and all necessary process in proceedings pending before it,
and such process may be served by the city council or by any person
authorized to serve process for courts of record.
(Ordinance 512, art. V, sec. 7,
adopted 11/24/1939; 1999 Code,
sec. 98-121)
The city council or any party to any proceedings under this
article may in any investigation or hearing before the city council
cause the deposition of witnesses to be taken in the manner prescribed
by law for the taking of depositions in civil cases.
(Ordinance 512, art. V, sec. 8,
adopted 11/24/1939; 1999 Code,
sec. 98-122)
Any public utility coming under the provisions of this article,
or any manager, agent, servant or employee of such public utility,
failing or refusing to subject 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
under this article, after reasonable notice and opportunity to do
so, shall be liable to a penalty as provided in this article.
(Ordinance 512, art. VI, sec. 1,
adopted 11/24/1939; 1999 Code,
sec. 98-123)
Any person who violates any provisions of this article, or who fails, omits or neglects to obey or comply with any lawful order or ordinance or any part of the provisions of this article, legally promulgated by the city council, involving any of the matters contained in this article, upon conviction in a court of competent jurisdiction, shall be punished as provided in section 1.01.009 for each offense.
(Ordinance 512, art. VI, sec. 2,
adopted 11/24/1939; 1999 Code,
sec. 98-124)
In construing and enforcing the provisions of this article relating
to penalties, the acts, omissions and commissions or failure of any
official, agent or employee of any corporation, person, firm, partnership
or public utility, acting within the scope of 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.
(Ordinance 512, art. VI, sec. 3,
adopted 11/24/1939; 1999 Code,
sec. 98-125)
All penalties or damages accruing under this article shall be
cumulative, and a suit may be brought by the city in any court having
competent jurisdiction against any public utility for the recovery
of such penalties or damages, and a suit for the recovery of one penalty
or any special damages shall not be a bar to or affect the recovery
of any other penalty or damages or forfeiture or be a bar to any criminal
prosecution against any public utility or any official, director,
agent, servant or employee of the utility, or of any other person.
(Ordinance 512, art. VI, sec. 4,
adopted 11/24/1939; 1999 Code,
sec. 98-126)
Actions to recover penalties or damages under this article shall
be brought in the name of the city, and all criminal prosecutions
shall be brought in the name of the state.
(Ordinance 512, art. VI, sec. 5,
adopted 11/24/1939; 1999 Code,
sec. 98-127)
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 there are any, granted by the city shall be
strictly complied with in every respect by the holder of such franchise
or public privilege. Nothing contained in this article shall be in
ratification or approval of any conduct or action of any public utility
which may be a departure from any of the provisions of any purported
franchise which may be in existence.
(Ordinance 512, art. VII, sec. 2,
adopted 11/24/1939; 1999 Code,
sec. 98-128)
Nothing contained in this article is intended to nor shall it
alter, vary, modify or change in any respect any applicable provision
of that resolution passed and approved on May 14, 1938, by the city
commission, which has reference to extensions and improvements or
expenditures of funds in connection with rehabilitation, repair or
improvement of any existing electric utility system now located within
the corporate limits.
(Ordinance 512, art. VII, sec. 3,
adopted 11/24/1939; 1999 Code,
sec. 98-129)
The city owning and operating a public utility, nothing in this
article shall in any manner be construed as exempting the city from
any of the provisions or stipulations or operation of this article
or any ordinance passed after the effective date of Ordinance No.
512 relative to any of the subject matters contained in this article.
(Ordinance 512, art. VIII, sec.
1, adopted 11/24/1939; 1999 Code,
sec. 98-130)
