04-14-12 Special Meeting of La Porte City Council (council retreat)

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PARTI-CHARTER CHARTER COMPARATIVE TABLE and the grantee, and the contractual right as contained in any such franchises shall not be impaired by the provisions of this Charter, except that the power of the city to exercise the right of eminent domain in the acquisition of any utility property is in all things reserved, and except the general power of the city heretofore existing and herein provided for to regulate the rates and services of the grantee which shall include the right to require proper and adequate extension of plant and service and the maintenance of the plant and fixtures at the highest reasonable standard of efficiency. Every public utility franchise hereafter granted shall be held subject to all the terms and conditions contained in the various sections of this article whether or not such terms are specifically mentioned in the franchise. When the city chooses to exercise its power of eminent domain to acquire any public utility, the procedure to be used in such acquisition shall be as set forth in V.T.C.A., Property Code §§ 21.011 to 21.065, inclusive. In valuing the property, the measure of damages shall be the fair market value of the physical properties taken together as one system. This power shall be in addition to and cumulative of any other powers of acquisition granted to or reserved by the city in a franchise ordinance. Prior to the purchase of any existing franchised utility system, either according to the terms of the franchise or by eminent domain, city council shall submit the question of purchase to the voters of the city, and such must be approved by a majority of those voting. Nothing in this Charter shall operate to limit in any way, as specifically stated, the discretion of council or the electors of the city in imposing terms and conditions as may be reasonable in connection with any franchise grant. 7.02. - Regulation. a. Right of regulation. All grants, renewals, extensions or amendments of public utility franchises, whether it be so provided in the ordinance or not, shall be subject to the right of the city: 1. To repeal the same by ordinance at any time for failure to begin construction or operation within the time prescribed or otherwise to comply with the terms of the franchise, such power to be exercised only after due notice and hearing. 2. To require an adequate extension of plant and service, and the maintenance of the plant and fixtures at the highest reasonable standard of efficiency. 3. To establish reasonable standards of service and quality of products and prevent unjust discrimination in service of rates. 4. To prescribe the form of accounts kept by such utility. If the franchise does not prescribe the form of accounts kept by a utility, then it shall keep its accounts in accordance with the utility system of accounts for said utility prescribed by the appropriate state and federal utility regulatory agencies. 5. To examine and audit the accounts and other records of any such utility at any time and to require annual and other reports, including reports on local operations by each such public utility. 6. To impose such reasonable regulations and restrictions as may be deemed desirable or conducive to the safety, welfare and accommodation of the public. 7. To at any time require such compensation and rental as may be permitted by the laws of the Page 26 of 32 La Porte, Texas, Code of Ordinances