A. The City shall have the full power, to the extent the same is conferred
by the Constitution and laws of the State of Texas, to own, lease,
operate, prohibit, regulate, and control any public utility within
or without the limits of the City and to provide for the compensation
and rental to be paid to the City by any public utility for the use
of its streets, highways, and public areas.
B. In addition to the City's power to buy, construct, lease, maintain,
operate, and regulate public utilities and to manufacture, distribute,
and sell the output of such utility operations, the City shall have
such regulatory and other powers as may now or hereafter be granted
under the Constitution and laws of the State of Texas.
(Ordinance 2022-12-02 adopted 12/6/2022)
A. The City Council, upon a vote of a majority of the members of the
City Council then qualified and serving, shall have power by ordinance
to grant, renew, and extend all franchises of public utilities of
every character operating within the City, and for such purposes is
granted full power. The term "public utility" as used herein is construed
to mean any person or entity furnishing to the public any general
public service, including, but not limited to, heat, light, gas, power,
telephone service, communication services, community antenna or cable
television service, sewer service and the treatment thereof, water,
wrecker service, the carrying of passengers for hire, or any other
public service whereby a right to, in part, appropriate or use the
streets, highways, or other property of the City, as necessary or
proper is granted.
B. Any ordinance granting, renewing, or extending franchises shall not
take effect until at least thirty (30) days after its passage; and
during such thirty (30) day period the descriptive caption of the
ordinance shall be published at least twice in the official newspaper(s)
of the City, the expense of the publication being borne by the proponents
of the franchise.
C. No franchise is transferable, except with the approval of the City
Council by a vote of a majority of the City Council then qualified
and serving. The franchise holder, however, may pledge franchise assets
as security for a valid debt or mortgage.
(Ordinance 2022-12-02 adopted 12/6/2022)
Franchises granted by the City under this Charter shall be considered
to be of no value 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.
(Ordinance 2022-12-02 adopted 12/6/2022)
In granting, amending, renewing, and extending public service
and utility franchises, the City reserves unto itself all the usual
and customary rights, including, but not limited to, the following
rights:
(1) To repeal the franchise by ordinance for failure to begin construction
or operation within the time prescribed, or for failure to comply
with terms of the franchise;
(2) To require all extensions of service within the City limits to become
part of the aggregate property of the service and operate subject
to all obligations and reserved rights contained in this Charter.
Any such extension is considered part of the original grant and terminable
at the same time and under the same conditions as the original grant;
(3) To require expansion and extension of facilities and services and
to require maintenance of existing facilities to provide adequate
service at the highest level of efficiency;
(4) To require reasonable standards of service and quality of product
and prevent rate discrimination;
(5) To impose reasonable regulations and restrictions to ensure the safety
and welfare of the public;
(6) To examine and audit accounts and records and to require annual reports
on local operations of the public service or utility;
(7) To require the franchisee to restore, at franchisee's expense,
all public or private property to a condition as good as or better
than before disturbed by the franchisee for construction, repair,
or removal;
(8) To require the franchisee to furnish to the City, from time-to-time
within a reasonable time following request of the City, at franchisee's
expense a general map outlining current location, character, size,
length, depth, height, and terminal of all facilities over and under
property within the City and its extraterritorial jurisdiction; and
(9) To require compensation, rent, or franchise fees to be paid to the
City as may be permitted by the laws of the State of Texas.
(Ordinance 2022-12-02 adopted 12/6/2022)
A. The City Council has the power to fix and regulate the rates and
charges of all utilities and public services, consistent with State
statutes.
B. Upon receiving written request from a utility or public service requesting
a change in rates, or upon a recommendation from the City that rates
for services provided by or owned by the City be changed, the City
Council shall call a public hearing for consideration of the change.
C. A holder of a franchise to provide a public service or utility in
the City must show the necessity for the change in rates by any evidence
required by the City Council, including but not limited to, the following:
(i) Cost of its investment for service to the City;
(ii)
Amount and character of expenses and revenues connected with
rendering the service;
(iii)
Copies of any reports or returns filed with any state or federal
regulatory agency within the last three (3) years; or
(iv)
Demonstration that the return on investment, if any, is within
state and federal limitations.
D. If not satisfied with the sufficiency of evidence, the City Council
may hire rate consultants, auditors, and attorneys to investigate
and, if necessary, litigate requests for rate changes, the expense
of which shall be reimbursed to the City by the franchisee.
(Ordinance 2022-12-02 adopted 12/6/2022)
The City shall have the power to license, levy, and collect
fees in order to license any lawful business, occupation or calling
subject to control pursuant to the police powers of the State of Texas
and/or for any other purpose not contrary to the Constitution and
laws of the State of Texas.
(Ordinance 2022-12-02 adopted 12/6/2022)