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

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PARTI-CHARTER CHARTER COMPARATIVE TABLE State of Texas. b. Regulation of rates and service. Council shall have full power, after due notice and hearing, to regulate by ordinance the rates and service of every public utility operating within the city. Such power shall be subject to the exercise of power in each area of each utility by the appropriate agencies of state and federal government. 7.03. - Franchise records. Within six (6) months after this Charter takes effect, every public utility and every owner of a public utility franchise shall file with the city, as may be prescribed by ordinance, certified copies of all franchises owned or claimed, or under which such utility is operated in the city. The city shall compile and maintain a public record of public utility franchises. 7.04. - Accounts of municipality -owned utilities. Accounts shall be kept for each public utility owned or operated by the city, in such manner as to show the true and complete financial results of such city ownership and operation, including all assets, appropriately subdivided into different classes, all liabilities subdivided by classes, depreciation, reserve, other reserves and surplus, also revenues, operating expenses, including depreciation, interest payments, rental and other disposition of annual income. The accounts shall show the actual capital cost to the city of each public utility owned, also the cost of all extensions, additions and improvements, and the source of the funds expended for such capital purposes. They shall show as nearly as possible the cost of any service furnished to or rendered by any such utility to any other city or governmental department. City council shall annually cause to be made by a licensed certified public accountant and shall publish a report showing the financial results of such city ownership and operation, giving the information specified in this section or such data as council shall deem expedient, in accordance with section 5.08. 7.05. - Franchise value disallowed The value of the franchise granted by the city shall not be included in fixing reasonable rates and charges for utility service within the city or in determining the just compensation to be paid by the city for public utility property which may be acquired by eminent domain or otherwise. 7.06. - Consent of property owners. The consent of abutting and adjacent property owners shall not be required for the construction, extension, maintenance or operation of any public utility; but nothing in this Charter or in any franchise granted thereunder shall be construed to deprive any such property owner of any rights of action for damage or injury to his property as now or hereafter provided by law. ARTICLE VIII. - GENERAL PROVISIONS Page 27 of 32 La Porte, Texas, Code of Ordinances