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HomeMy WebLinkAboutOrdinance 69 [t ORDINANCE NO. or -An ordinance prescribing the mode, method and procedure in the h investigation by the Board of Commissioners of the prices,tolls and charges for local service by public utilities operating within the City of Fort Worth,with a view to the regulation of same,and providing for the conduct of a hearing on such investigation. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF FORT WORTH: - Section 1: That where pursuant to that part of Section Forty- five( 45) of the present charter of the City of Fort Worth relating to such- matters, it is sought by the Board of Commissioners to regulate the price,tolls or charges for local service of ,public utilities which operate In the City of Fort Worth and claim to exercise an easement in,upon, under or over the streets and thoroughfares of said city by grant from the City of Fort Worth, the following procedure shall be substantially observed and followed: Section 2: Such investigation may be made by the Board of Cori- missioner.s of its own motion or in response to petition of two hun- dred qualified voters and tax-payers of the City of Fort Worth. Section 3: Preliminary to the issuance of the citation hereinafter mentioned, a brief statement or complaint in writing shall be filed with the City of Fort Worth,through its City Attorney, in .the office of the City Secretary, which shall serve as a petition,setting forth that the rates and charges of the utility to. be investigated are u m- reasom bly high and that same should be reduced to a certain price specified in same and in the alternative,that in the event such re- duction should be deemedu nfair or be considered to deprive stick util- ity of a fair and reasonable profit on its investment, then to A+L point,where a reduction in price would operate to protect the public , against extortion and enable the utility to obtain g fair and reason- able profit on' the investment. -2- Secti on 4: Before an official investigation is had in or concern- ing such price,toll or charge, the corporation or persona affected thereby shall be cited to appear before the Board of Comissioners at the first regular session to be held in the City of Fort Worth at the City Hall twenty days from and after the service of such cita- tion. h Section 5: The citation specified Bn Section 3 hereof shall con- sist of a written notification, embodying the complaint or petition of said city, issued by order of the Board of Comm issioners,signed by the Mayor,and attested by the City Secretary with the seal of the City impressed thereon. It shall be addressed to the person,firm or corpor- ation owning or operating such utility and shall in addition to the requisites hereinabove set out, briefly specify the purpose of the hear ing and shall require such person,firm or corporation, as the case may be, to show cause, if any, why the tolls rates or charges laid upon the public should not be revised and reduced,and it shall further re- quire the production and profert before the Commissioners of the books and papers of such utility to enable m±d Board to make i nve stigati.on -- concerning said rates,tolls and charges. Section 6: Said citation shall be executed by a police officer of the City of Fort Worth by delivering a copy of same to the Presi-- dent,. Vice-President, or Secretary of the corporation, or if a part- nership, to a member of the firm, or to the owner or his agent,or in any event by leaving such copy at the principal office of such util- ity in the City of Fort Worth. Section 7: The hearing on such investigation shall take place on the day and date fixed in the citation unless for cause it is post- poned to a further day,in which event the owner,agent or operator of such utility shall be notified of such postponement. Provided,how-- ever,that in the consideration of the matters involved in said investi- gation,adjournment mky be had from time to time until the hearing shall have been concluded. Section 8. The answer to, such citation shall be in writing,signed t _3- _ by the corporation or person involved therein,and shall be filed with the City Secretary on or before the day set for the investigation, and such answer shall be deemed to be waived unless supported by com- petent evidence. Section 8: On the hearing of said question the corporation,firm or person impleaded in said citation shall have the right to be rep-, resented by counsel or otherwise conduct his, their or its aide of the examination and to adduce testimony on its own beh alf,and for that purpose shall have the aid,in the issuance of process, of the of- ficials of Fort Worth. Section 10: The City Secretary shall administer the oath to all persons who may testify on the hearing of such matters,and shall keep and preserve an abstract of the testimony that may be had and elicited on the hearing of the cause Section 11: At the hearing involved in the proposed investigation the Mayor(or in his absence the Mayor pro tem) shall preside and shall determine all questions touching the admissibility and exclusion of testi lay eud evidence and his rulings tr,ereon shall be final unless appeal be taken to the entire Board of Commissioners, in which event a majority shall be requisite to overturn his decision thereon. Section 12: The Board of Commisfi oners shall not be confinod to the technical rules of evidence in prosecuting its inquiry,but may ex- amine into all phases of the question which may shed light on the issue and this rule shall apply as well to the person or corporation af- fected bythe investigation. Section 13: All hearings touching the issue of reduction shall ' be conducted in public and the examination of witnesses and reading of documents and papers on behalf of the City shall be had and done by the Board of-Commiss3.oners, or u nd6r its direction,and it shall be com- petent for each member of the Board from time to time to ask and pro- pound questions pertinent to the facts and the City of Fort Worth shall have the openilig and conclusion of all examinations and argument. Section 14: In consideration of the questions at issue before it, +ter r the Board of Commissiore rs, in addition to other features of inve stiga - -tion,shall determine ( 1) whether the rates as charged are unreasonably high; ( 2) if yea, then in determining the tariff or scale of charges which would be reasonable, i% shall consider(a) the cost of construc- tion of the utility, plan nd equipment, (b) the cost of operation of such plant, its maintenance and repairs,( c) the fixed charges,if any, that exist against the plant,(d) the amount invested in the plant, and(e) finally all other and further matters that may be material in aiding to bring about an approximately correct conclusion. Section 15: No rate, scale of charges or tariff shall be pre- scribed by the Board of Commissioners unless same shall permit the plant of the person "or corporation owning such utility to yield an in- come of not less than ten per cent per annum on the investment,nor -shall said rate,when adopted, be or become effective until it is prow- i mulgated by means of an ordinance which shall be flexible to permit a re-adjustment of same on complaint of the public or owner or operator of the plant affected thereby whenever business conditions fluctuate to require that such be done. Section 16: This ordinance shall take effect and be in force from and after its passage and publication as required by law. I hereby certafy that the above and foregoing ordinance was pres- ented and unanimously passed by the Board of Commisssioners of the City of Fort Worth, at a session held, July 15th, 1908. i y Secretary. I