HomeMy WebLinkAboutOrdinance 5700 ORDINANCE NO,__5700--
A14 ORDII4ANCE filZNDING SECTIONS 4, 5, 6, 7, 8, 9,
10, 11, 12 KD 13 OF AWrICLE 11 OF CHAITER 30 OF
ZHE CODE OF THE CITY OF FORT WORTH, TEXAS, (1964),
BEING PROVISIONS CREATING AND PROVIDING FOR zl,
DEPARIMENT OF UTILITIES SUP1,'1(VjSjC&; FROVIDING
A SEVERABILITY CL/,,'MUSE; Mi,,JUNG riliS URDINZiNCE
CUMULATIVE OF ClTffl�,''R ORDINiiNGES WITR RESIT'= TO
Dl".,'R�,RTIIT'i`T OF UTILIIIES SUPERVISION; REPEALING
ALL ORDINANCES IN CONFLICT 111","I WITH; i,,ND N 11ING
AN EFFECTIVE DATE,
13E IT ORDAINED BY T1,01K C01.1NCIL OF THE CITY OF FOHT WORIHS
TEXAS:
SECTION 1.
That Section 30-4 of Article 11 of Chapter 30 of The Code
of the City of Fort Worth, Texas, (1964), be amended and after
being so amended the same shall be and read as follows:
See. 30-4. Creation; appointment of utilities
supervisor
There is hereby exened an office of utili-
ties supervision. This office shall be headed
by the utilities euparvisor who shall be appointed
by the city monagen
SECTION 2,,
That Section 30-5 Q Article 11 of Chapter 30 of The Cade
of the City of Fort Worth, Texas, (1964), be amended and after
being so amended the same shall be and re,,,,.r d as follows:
See. 30-5. Utilities supervisor to advise city
manager; appointment of
assistants
The utilities supervisor shall act as a8ent
and adviser in all matters relevant to the opera-
tion of public utilities operating within or
through the corporate limits of the city, under
the direction of the city manager. The utilities
supervisor shall employ such assistants, techni-
cal or otherwise, as may be authorized by the city
council upon the re zyrzaendz'ii t ion of the city mana-
ger,
SECTION 3.
That Section 30-6 & Article 11 & Chapter 30 of The Code
of the City K Fort Worth, Texas, (1964), be amended and after
being so amended the same shall be and read as col laws:
Sec. 30-6. UMMUS supervisor to hav�
aCCeSS to booKs, eLC. , for
inspecLion
1k°e utiliLics supervisor shall M all real
sonakale times be given access t and have euLhority
to inspect, examine, and verify all accounts,
vouchers, documems, books, ledgers, property,
records., investmenL accounts, corporate structure
and financial urncture of all public ucilities
operating within or Lhrough the corporate limits
of the My.
SECTION 4.
That Section 30-7 of Article 11 of ChapLer 30 of 1he Cado,
of the City of Fan Worth, Texas, (1964), be ananded and Met,
beitig so amended the same shall be and read as follows :
Sec. 30-7. Record DE PhySiC01 Mlity property
used and useEuJ in serving Fort
Wurth and other currenC Mility
SLUListical informaLion shall be
kepL by Lhe supervisor
The MULies supervisor sball keep a de-,
Lailed recurd of plan investment and property
used and useful in providing public utiliQr
service to cusLomers in Fort WarLh, showing
additions, retirements, transfers, and ad-
justments f utility plant in service. Addi-
tional records perLaining tu revenues and ex-
penses associated with such public utilit ies
shall be kept by the utilities supervisor in
sufficient Mail Lo properly reflect ench
utility company's financial eundition. Such
information shall he available to the ciLy
manoger and the My council at all times.
SECTION 5.
That Section 30-8 of Article H of Chapter 30 of The Crude
of the City of Fort Watch, Texas, (1964) , be amended and Mer
being so amended the saaw shall be and read as folluws :
Sec. 3U-8. Duties of Mlioies supervisar�
hearing prior to change in
Puliuly
It shall be Vc duty of the utilities super-
visor to inquire into and ascertain the reasonable-
ness of all rules, regulacLuns and standards re-
lating to service as prescribed by the public
MUMS Gal eraLing within or through the city,
and to establish as consistent Policy bmween �:hc''
consumer and the public uLiliCy Mh Merence
to extensions of survice and charges for said
extensions. Any such policy as to rules, re-
gulations and sLandards as may be found dis-
criminatory shall be reported to the My mana-
ger and the public utility shall be given
opportunity for as hearing by the city council.
prior to any change in policy.
SEMON 6.
That Sera Lion 30-9 of Article Il of Chapter 30 of The Gode
of the City Q Fort Worth, Texas, (1964), be amended and after
being so amended the some shall be and read as follows :
See. 30-9. Right uf entry of utilities super-
visor and assistanLs
The utilities supervisor, his aides or,
englDyees awy, during all reasonable hours, enter
upon the premises occupied by auy public utiliLy
for the purpose of making examinatiuns or MLS,
or exercising any puwer provided herein.
SECTION 7.
The L Section 30-10 of Article I of Chapter 30 of The Code
Q the City of Yon Wonh, Texas, (1964), be amended and Mer
being so amended the same shall be and read as follows:
Sec. 3010. Furms for annual repurts of
utilities
The ucilities supervisur shall prescribe
terms for reporting of utility revenueS, ex-
penses, and earnings associated therewith as,
well as other aperatLng informaLion from utility
cumpanies on an annual basis. Said forms shall,
Cana' completed by each Mlip company and sub-
miLted to the utilities supervisor who shall
analyze Lhe reports und advise the city manager
and the city council as to trends and develop-
ments relating to operations of the uLi1iQ,7
companies, The utilities supervisor shall.
prescribe the manner in which such accounts
shall be kept, and any other special form of
report that may be necessary in the courso of
invesLigations that may be authorized by the
city manager or city council.
SECTION 8.,
That Secuion 30-11 of Article 11 of Chapter 30 of The Code
of the City of Fort Worth, Texas, (1964), be amended and Mer,'
buing so amended the same shall be and read as follows:
Sec. 30-11. ExaminaCion and tesCing of measuring
devices; adjustnonts of complaints
It shall be Lhe duty of the utilities super-
visor, at the request of any citizen who is, in
fecL, a customer of any public ULMLy operating
within or through the city, to examine, and if
necessary order the removal of any measuring or
recording devices in use by Lhe public utility.
He shall supervise a test as to accuracy of sucl,j
measuring or recording devices, and if necessar.y
recoamend an equitable adjuscmenu; between the
complainant and Cpay Mility involved.
SEMON 9.
That SecLion 30-12 of Article 11 of Chapter 30 of The Code
of f the City of Fort Worth, Texas, (1964) , be amended and after
being so amended the same shall be and read as follows :
Sec. 30-12. Recurd K My's Mility expenses,
to be kept.
Tha utilities supervisor shall keep and main-
Cain current, comparacive and detailed date rela-
tive to ucility usponses of Che city BovernmenL.
SECTIUN 10.
That GecLion 30-13 of Anicle 11 of Chapter 30 Q The Code
of the CiLy of ForL Worth, Texas, (1964) , he amended and aftec
being so amended the same shall be and read as follows :
See. 30-13. RaLes to be teconanenda-
tions and Enalysis for changes
it shall be Lhe My of Lhe ucilities super--
visor Lo submit Lo thu city manager and the My
council a Mailed analysis of any new ur pro-
posed rote or roto change. He shall make such
recommendaLiruns as to ruLeS or combinatiuns K''
rates as will be equitable to the city. The
rates Lo be regulaLed by Lhe city council shall.
apply to natural gas, p4:)Tv7e'r' alvJ
transporLation, uummunicaLion or any other enter-
prise serving 00 90neral public aS a UtMLY.
SECTION It.
Should any pam, section, subseccion, pvragraph, sentence,
clause ur phrase contained in this ordinance ba beld to bt'a.
unconsLitutional, such holding shall not affect Lhe Validity
of Lhe remaining portion thereof, but in all respects said
xemaining pare.La.ion should bu and remain in full force and
eflect and the City Council heruby declares that it would nut
have passed such unconsLiMiunsl part had it knawn it was
invalid and thec it would have passed the remaining part.
that has not been declared to be invalid.
SECTION 12.
That this ordinance shall be cumulaLiVe of all provisions
of 1he Code of the City Q Fort Worth, Texas, (1964) , with
respect to Department of MUMS Supervision, except in
those instances where the provisions of this ordinance aged
in direct conflict with the provisions of such Code, in
which insLances said conflicting provisions Q such Code
are hereby repealed.
SECTION 13.
That this ordinance shalL become effective and be in
full Eorce and effect Erom and after its passage and it is
so ordained.
APPRUVED AS TO FURM AND LECALITY:
0'
l I o 00
ve,
City Attarne,,,,
City of Fort Worth, Texas
Mayor and Council Communication
DATE REFER ER ENCE SUBJECT:Monthly and Annual Reports from PAGE
NUMB
1/3/67 G-1037 Fort Worth Utility Companies 1 of -4
During discussion of the 1966-67 budget, member's of the City Council requested
that the Utility Supervisor develop new monthly and annual operating and finan-
cial reports for all utility companies serving the City of Fort Worth. At this
time, detailed reports of utility company operations are submitted to the Util-
ity Supervisor at least once each year, but regular monthly reports are not
Submitted to the City, nor are the report forms prescribed by the City. Anal-
ysis of utility company operations normally have been given the City Council
only when specific matters affecting utility company operations and/or rates
were being considered by the City Council,
This communication transmits to the City Council reports developed by the Util-
ity Supervisor to be completed by the utility companies on a regular basis and
to be reviewed and analyzed by the Utility Supervisor, It is proposed that the
annual reports be transmitted to the City Council with appropriate staff com-
ments, Copies of the monthly reports would not be routinely sent to the City
Council , but will be available for review by the Council at any time.
Ordinance Requirements of Utility Su rvi8ors Office
Ordinance Numbers 1950, 1951, and 1952 were adopted by the City Council of Fort
Worth on April 28, 1937. They define public utilities, require public utili-
ties operating in Fort Worth to maintain a separate record of physical prop-
erties, accounts, income and disbursements for the portion of its business
serving consumers within the corporate limits of the City, and require that a
utility must have a franchise to operate within the City. These ordinances
were modeled after ordirtances in existence in the City of Dallas at that time,
and are included as Chapter 30 of the revised City Code of the City of Fort
Worth issued in 1964.
Article 11 of Chapter 30 creates the department of Utilities Supervision, pro-
vides for a director of the department, and sets forth the duties and responsi-
bilities of the department,
Recommended Revision to Present Ordinance
Attached hereto, as Exhibit "A" , is a draft of suggested revisions to the pres-
ent ordinance stablishing the Department of Utilities Supervision. Among other
proposed changes, Sectioh 30-10 has been revised to provide for monthly and an-
aual reports of utility operation in accordance with the suggested report forms
which are attached hereto. The requirement that utility companies must provide
detailed financial information to the City has not been changed; however, it is
suggested that a complete detailed report be required annually instead of
monthly. It is believed that the more complete annual reports will provide a
better, more usable basis for City Council analysis J company opera-
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tions, than would less conclusive monthly reports, fl,Ff,
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DATE REFERENCE SUBJECT: Monthly and Annual Reports from PAGE
NUMBER
1/3/67 G-1037 Fort Worth 'Utility Companies 2 Of 4
Outline of Reports to be Prepared by Utility oaaaie s
Attached hereto are bla,,,nk copies of proposed monthly and annual reports , set-
ting forth information to be submitted to the City by each utility company
operating in Fort Worth. Monthly operating reports show cumulative information
for the present and previous year and comparable information for the current
month of the current and previous year. Annual reports can be submitted to the
City Council approximately 1.20 days after the close of each utility company's
fiscal year, One hundred twenty days are required to complete independent
audits of company books and allow some time for analysis of the reports by the
Utility Supervisor, It is planned to put the new report forms into use immed-
iately, Comments on the report forms for each utility company affected are
set forth below,
Taxicab Companies . Reports of income, expense, and operating statistics
- ------------------
for the two major taxi companies serving Fort Worth will be submitted monthly
to the City, The report for taxi service will also show the number and cost
of accidents involving taxicabs. The annual report for taxicab companies WL11
include a detailed report of revenues and expenses as well as additional oper-
ating statistics.
Transit Company. The monthly and annual reports of the transit company
will be very similar to those of the taxicab companies. Transit company oper-
ating reports are based on books and records kept in conformance with classi-
fication of accounts prescribed by the Interstate Commerce Commission,
Texas Electric Service C22pany.
Because the Texas Electric Service
Company does not keep all records segregated for Fort Worth corporate limits
only, but rather on the basis of the entire system, data on expense and plant
investment of the Texas Electric Service Company must be allocated to determine
the operating expense and plant investment required to serve customers within
the corporate limits of Fort Worth, As a part of the report submitted by the
I Texas Electric Service Company, an explanation of the basis of allocation of
operating expenses and plant investment will be included.
Records of revenues and sales are maintained separately for those customers
residing within the Fort Worth City limits .
In addition to the proposed report forms attached hereto, the electric utility
will be requdsted to continue filing with the Utility Supervisor its annual
report submitted to the Federal Power Commission, which is in even greater de-
tail than the attached reports.
Lone Star Gas Company. The Lone Star Gas Company maintains its records on
the basis of the Fort Worth Division, which includes service areas in the sub-
urban area around Fort Worth. An allocation of operating expenses and plant
investment will be necessary for Lone Star Gas Company, to arrive at the cost
of service and the rate of return for customers within Lhe Fort Worth corporate
limits. The company will be required to submit an explanation of the_,l, asis of
its allocations, for review by the City Council and the, City staff”,
DATE REFMBERER ENCE SUBJECT: Monthly and Annual Reports from PAGE
NU
1/3/67 G-1037 Fort Worth Utility Companies- -3— of 4
Since the rates for gas service are affected by the well field price of gas ,
this information is included in both the monthly and annual reports. The Lone
Star Gas Company report includes a detailed breakdown of revenue and expense
for merchandising operation.
The Lone Star Gas Company maintains information regarding revenues for gas ser-
vice separately for customers within the City limits.
Southwestern Bell Telephone Company. Operating expense and plant invest-
ment records of the telephone utility include the entire Fort Worth Division,
which includes an area larger than the City limits. Because of the overlapping
of telephone exchanges, meaningful allocation of expenses and plant investment
by the Telephone Company is nearly impossible. Therefore, it is proposed that
the Telephone Company report on the basis of the Fort Worth Division. A sepa-
rate revenue figure for the City of Fort Worth only can be reported.
Aquaduck, Bus Stop Benches, City Sightseeing and Ambulance Service. In
addition to the major utility services, the Utility Supervisor's office is also
responsible for the administration of the City's contracts with the Aquaduck,
Sightseeing Service, Ambulance, and Bus Stop Bench operators , Brief reports
showing annual company receipts and payments to the City by these operators
are included with the reports to be submitted to the City.
Summary and Recommended Action
Upon receipt of the attached report forms from the respective utility com-
panies, the Utility Supervisor will analyze the reports and determine trends,
changes, etc. , that require the attention of the City Council. Any areas where
the City's information and that of the Utility Company differ will be investi-
gated, It is proposed that the annual reports, along with the Utilities Super-
visor's evaluation, be submitted regularly to the City Council.
In addition to the regular monthly and annual reports for all utility com-
panies, the Utility Supervisor would continue to provide detailed information
concerning utility income and expenses to the City Council upon its request
and, in particular, at any time when specific rate matters are under consider-
ation.
It is recommended that the City Council:
1) Adopt the attached revised ordinance governing operations of the
Utility Supervisor's Office, and
2) Approve the attached report forms, and their proposed use as out-
lined herein.
Upon approval by the City Council, the utility companies operating in Fort
Worth will be requested to submit the new forms for the year ending December
DATE REFERENCE SUBJECT: PAGE
NUMBER Monthly and Annual Reports frcffn
1/3/67 G-1037 Fort Worth Utility Companies 4 of 4
31, 1966 or January 31, 1967, as the case may be, and monthly beginning
with the new year.
JLBimhg
Attachments
SUBMITTED BY: DISPOSITIO 94 D 8 -
BY COUNCIL: PR
,Y
[5 APPROVED 171, OTHER (DESCRIBE)
t") z' TY
9 DATE
/IT MANAGER
'11 Y JAN