Loading...
HomeMy WebLinkAboutOrdinance 754 ORDINANCE NO.754. AN ORDINANCE AlIENDING CHAPTER 11, TITLE 6 OF THE REVISED ORDINANCES OF THE CITY OF FORT WORTH REG- ULATING THE CHARGE OF PUBLIC SERVICE UTILITIES BY REPEALING ALL OF SAID CHAPTER AND TITLE INCLUDING SECTIONS ONE TO FIFTEEN INCLUSIVE, AND IN LIEU THEREOF SUBSTITUTING NEW SECTIONS 1,298,4,5,6,7, 8,9 10,and 11. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF FORT WORTH THAT Sections one to fifteen of Title 6, Chapter 2, of the re- vised Ordinances of the City of Fort Worth, the same being Ordinance No.69, Passed July 15th. 1908, be, and the same are hereby repealed, and said Title 6, Chapter 2, of the Revised Ordinance of said City shall hereafter read as follows: SECTION 1. Where pursuant to that part of the present Charter of the City of Fort Worth relating to such matters, it is sought by the Board of Com- missioners to regulate the price, tolls or charges of local service of public utilities, including street railways, gas, light and power companies, telephone companies, hack or taxicab service companies, and all other public service utilities of every kind and character using the street, alleys and other public properties within said City over which it has control, the naming of certain ones not intended to exclude others not specified, but to include all those that may be included within the term "PUBLIC UTILITIES" which now or hereafter operate in the City of Fort Worth, and claim to exercise an easement in, upon, under or over the streets, thor- oughfares or other public properties of said City by grant from the City of Fort Worth, or who operate without express grant by the consent of said City, express or, implied, or by its, the said City's, acquiesence, the following procedure in relation to the fixing of the price, tolls or charges of such public utilities, shall be substantially observed and followed. SECTION 2. All such public utilities as are designated in Section 1 hereof as may be directed so to do by the City Commission, shall file with the City Secretary a full and complete tariff or schedule of the price, tolls, or charges in effect and charged by it for all public service rendered by it at and of the date named by the Commission. PAGE #P- Ordinance No.754 SECTION 3. No public service utility such as set forth in Section 1 hereof, which has been ordered by the City Commission to file a tariff or schedule of its price, tolls or charges for public service, shall make any change in its price, tolls or charges for public service after it has been ordered to file same of a date named by the City Commission without first filing with the City Secretary an application directed to the City Commission re- questing of the City Commission authority to make suah abwrgâ–º in its tariff or schedule of rates proposed to be charged as a price, toll or charge for the service to be rendered, and such application shall in every case be filed at least thirty days prior to the day such change is proposed to be effective unless the City Commission shall waive the time-above specified in whole or in pert, The schedule of charges above named shall be filed within one day after notice given, tLnless a longer time be granted by the Commission for cause shown. SECTION 4. On the filing of an application by such public utility as if referred to in preceding sections, the City Commission may either grant or refuse the same with or without a hearing, but if the application be refused without a hearing, provided one be reauested by the applicant, then the Commission shall set forth in writing its reasons for so refusing, and if such application for a change of rates be refused, then the applicant may request of the Commission a public hearing on the application; which hearing the City Commission will either grant or give in writing its reasons for refusing the application and the relief prayed for the same. SECTION 5. If a hearing be granted by the City Commission on application for change in rates for public service, as provided for in preceding sections, then the same shall be before the City Commission, and it shall have power to adminis- ter oaths, compel the attendance of witnesses, the production of books and papers, and all such. authority as may be necessary to enforce or to compel witnesses to answer questions held by it to be germane and to conduct said hearing and Judicial manner. SECTION 6. In the hearing provided for in preceding sections, the City Commission shall act on the application for same within ten days from the request there- for, and if granted, it shall be begun within ten days from the order granting same. if not postponed for good causes on showing therefor by either party #3- Ordinance No.754. to the hearing, and at such hearing, the Corporation Counsel, shall re- present the City, and the applicant shall be entitled to counsel of its own selection. SECTION 7. The City Commission may adopt rules of procedure to govern in each hearing granted, where rules are deemed necessary, in additon to the general powers heretofore conferred in it, and a written or printed copy of same, if requested,, shall be furnished the respective pa,jZtles to such hearing# on the conclusion of said hearing, the said Commission shall report its findings in writing, and in aid of said hearing, and to expedite the same, the Com- mission may appoint blasters and referees, one or more, to take testimony, make investigations, and do any and every thing deemed necessary and ordered by the Commission to facilitate said hearing. SECTION S. The City Commission shall, .of its own initative, have the power and authority to fix rates and promulgate tariffs establishing prices, tolls, and charges for all public utilities heretofore specified as such. SECTION 9. All tartffs, sbhedules of rates, prices, toils, and charges is effee-t had being charged by Southwestern Bell Telephone Company, within said City on the first day of December, A.D. 1920, are hereby adopted and established as a fair -nd reasonable charge for the service rendered, and the same shall remain and continue in force and effect until changed as provided for in preceding sections of this ordinance. SECTION 10, In the preceding sections of this ordinance, where the "Public Utility or Utilities" are referred to as "it" or "its", it shall be construed to include and mean persons, firms, corporations and all other methods of property ownership. SECTION 11. Any person, firm or corporation violating any of the provisions of the foregoing elections of this ordinance by putting into effect or publishing or charging any schedule of rates, tariff, prices, tolls or charges for ser- vies rendered, or to be rendered, in conflict with the provisions of the foregoing sections, or who shall violate the provisions of said sections, or any of them, in making a price, toll and charge for service rendered the public contrary thereto, shall be deemed guilty of a misdemeanor and on con- viction punished by fine not less then Ten Dollars ($10.00), and not more #4i- Ordinance No.754. than One HundOed Dollars ($100.00), and every person, firm or corporation so charged a toll or price for service contrary to such provisions shall constitute a separate offense, and every day any such person, firm or corpor- ation is charged a price or toll in violation of said provision above set forth shall constitute a separate offense. SECTION 12, This ordinance shall be in full force and effect f om srA after its passage and publication. Adopted by the Board of Commissioners of the City of Fort Worth,Teaas, on the 31, day of December, 1920. Recorded in Ordinance Book "H" Page 63.