Ord. 1-10-1896 - Southwestern Bell phone rates

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t ::~ .,p' . , I: . ~ ~L:A-- W thJ~ ~ ALBERT OUTHWAITE BLACKWELL LA PORTE ,TEXAS 5-27-1g. TO the Mayor and Oity Council of the City of La Porte, LaP 0 r t e, T e x a s. Gentlemen: I have not had an opportunity of examining the Ordinance boot containing the Ordinanoe granted to the TelerJlone Company. I am, therefore, not prepared to answer fully and completely the questions in referenoe to the regulation of rates. I am inclinej to think, however, t~at _, .. tr.e__!ran&h1i_~,;does."not ,l:ro.Y.1de. for the...,.r.agula.tion..o.f rates.. an~ if that is the case we will bave to be governed by the statute. Article 1C1g, Chapter 12, Cities Act, Vernons Sayles Texas Civil Statutes, provides:that oities of Dore than 2000 inhabitants may reB~late oertain of the pUblic utility corporations as to rates &ld com2ensation by ordinanoe of the city oouncil. This stat~te, how~ver, does not seem to include the Telephone COQPp~1es, although under it there are some references to telephone companies in the Court decisions. This, hO'.vevelo, seems to be in the oity of Dallas case, where they were op~rating un~er a referendum ~rcvisicn. I am quite olear that this statute, therefore, does not apply tc us and that w: cannot take adv~ltage of 1t. Chapter 13, ho~ever, provides: ".All extortionate ar.Ld unreasona.ble rates charged by public utility corporations, as herein~fter definec, are hereby deolared to be unlawful; an~ the district oourts of this state are hereby vested with jurisdiction and full power an~ authority to regulate, prevent and abolish the same; and, to this end, said oourts are given the power and authority, whenever the public tn- .. ' --. . - tel'est---mey -r-equi--re-,'-'w--f-1x. and--eetab!:1sh rat"es for the servioe and ~roducts of all publio utility cor~orat1cns, and., whenever the pUblio interest t:18.Y require and to ol1-1"1'Y out the provis ions herein conferred, said. courts are bereby expressly authorized to issue injunctions, quo warranto, and all other write for the purpose of carrying out an~ making effeotive the purposes of this chapter, and said ~rita shall be govsrnedby the rules and regulations now presoribed by law; prov.1ded, that nc prooeeding shall be begun ill a dis- trict,court having for its purpose ~he fixing cf ratsa of public utiJ i'ty carr-orations, until and unless the city council 0: the city or to~~ des1rind tc invoke the pc~er herein ccnferred. upon the .:.:..istrict ....courts shall cOkIl.t.;ly ;ori thtt.e pl'ov-1s ions of Article 1020 of this chapter. II Article 1026 alluded to is as follo~s: "If the city oouncil of any oity or to~m. ll1corpo- rated under the general laws of this state, sh~ll desire