(a)
General.
The City shall have power to build, construct, purchase, own,
lease, maintain, and operate, within or without the City limits, light
and power systems, water systems, sewer systems or sanitary disposal
equipment and appliances, natural gas systems, park and swimming pools,
fertilizer plants, and any other public service or utility; power
to mortgage and encumber such system or systems in the manner provided
in Article Chapter 552 [sic] of the Texas Local Government Code, as
amended, and any other laws of the State of Texas applicable thereto;
and all the powers which the City might exercise in connection with
such public utilities and public services under Chapter 552 of the
Texas Local Government Code, and any amendment thereto, now or hereafter
in effect, as well as under any other general laws of the State of
Texas pertinent or applicable thereto, including the power to demand
and receive compensation for service furnished for private purposes,
or otherwise, and with full and complete power and right of eminent
domain proper and necessary to efficiently carry out said objects.
(b)
Power
to contract for public utilities.
The City is authorized
to enter into contracts or leases with individuals, corporations,
partnerships, or other municipal corporations, for furnishing in whole
or in part any public utility or portions of public utility systems
that might be needed by the City or the citizens of the City. The
consideration for such contracts or leases may in the discretion of
the City Council be paid by the City or prorated to the individual
users of the utility covered by such contract or lease; or to permit
individuals, corporations, partnerships, or other municipal corporations
to furnish in whole or in part any public utility or portion of any
public utility direct to the citizens of the City on such terms as
the City may direct.
(c)
Right
to purchase commodities or services essential to the city or its citizens.
The City shall have the power to purchase electricity, gas,
oil, or any other article, commodity, or service essential to a proper
conduct of all the affairs of the City, and of its inhabitants on
such terms as the City Council may deem proper, for sale and distribution
to the inhabitants of the City or adjacent territory.
State law reference–Power to franchise, Texas
Local Government Code, Chapter 51.
[Ordinance 1473-23 adopted 5/16/2023]
(a)
The City Council shall have the power by ordinance, after notice
to the utility and hearing before the Council, to fix and regulate
charges, fares, or rates of compensation to be charged by any person,
firm, or corporation enjoying a franchise in the City, or engaged
in furnishing a public utility service in the City, including cable
television and shall in determining, finding, and regulating such
charges, fares, or rates of compensation, base the same upon the fair
value of the property of such person, firm, or corporation devoted
to furnishing service to such City or the inhabitants thereof. The
City Council may prescribe the character, quality, and efficiency
of service to be rendered, and shall have the power to regulate and
require the extension of adequate lines or service of such public
utility within such City by such person, firm, or corporation, taking
into consideration the cost to the utility, and from time to time
may alter or change such rules, regulations, and compensation, provided
that, in adopting such regulations and in fixing or changing such
compensation, or determining the reasonableness thereof, no stock
or bonds authorized or issued by any corporation enjoying such franchise
shall be considered unless on proof that the same have been actually
issued by the corporation for money paid and used for the development
of the corporate property, labor done or property actually received
in accordance with the laws and Constitution of this State applicable
thereto. In order to ascertain all facts necessary for a proper understanding
of what is or should be a reasonable rate of regulation, the City
Council shall have full power to inspect the books of any such utility
serving the inhabitants of the City and compel production of records
and the attendance of witnesses for such purpose.
(b)
Any company, corporation, or person engaged in furnishing to the
inhabitants of the City any light, power, gas, telephone, transit,
cable television, or other public utility services, may be required
at any time by ordinance or resolution of the City Council to file
with the City Council written reports pertaining to operations and
business within the City, and such report shall contain such data,
facts, and information as may be required by such ordinance or resolution,
under the same standards and rules of the State Public Utility Commission
and other rules not inconsistent therewith.
In addition to the foregoing powers, the City shall have all
the powers and privileges provided for by Chapter 51 of the Texas
Local Government Code, as amended, in regulating public utilities.
State law reference–Authority to regulate
electric utilities, V.T.C.A., Utilities Code § 33.001, et
seq.
[Ordinance 1473-23 adopted 5/16/2023]
