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HomeMy WebLinkAbout2006-297SAOur Documents\Ordinances\06\Ordinancc Amending 2006-232.doc ORDINANCE NO. Z OO6 - Z I7 AN ORDINANCE AMENDING ORDINANCE NO. 2006-232 CONCERNING AMEND- MENTS TO THE CITY CHARTER TO CORRECT A TYPOGRAPHICAL ERROR; PROVID- ING A SEVERABILITY CLAUSE; PROVIDING AN OPEN MEETINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The City Council passed Ordinance 2006-232 ordering an election to be held for the purpose of submitting to the registered voters of Denton, Texas, amendments to the Denton City Charter. WHEREAS, the City Council finds that there was a typographical error in Amendment No. 22 regarding Section 13.04 of the Charter that should be corrected; and WHEREAS, the typographical error consisted of the inadvertent omission of certain lan- guage contained in the existing Charter, which should have been included showing it as struck out; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. Ordinance No. 2006-232 is hereby amended by amending Amendment No. 22 in its entirety to read as follows: AMENDMENT NO. 22 Section 13.04 of the Charter shall be amended to read as follows: Sec. 13.04. Regulation of utilities. The city council shall have the power and the duty to: (a) Determine, fix and regulate the charges, fares or rates of all public utilities operating within the city, provided the council shall not prescribe any rate of compensation which will yield more than a fair return upon the fair value of the physical property used and useful in rendering service to the public. (b) Require such franchise holders who request an increase in rates, charges or fares to reim- burse the city for reasonable expenses incurred in employing independent rate consultants to conduct investigations, present evidence and advise the council on such requested in- crease. (c) Prescribe reasonable standards of service and quality of products to be furnished by each utility and prevent unjust discrimination. (d) Require such extensions of plant and service and such maintenance of plant and fixtures as may be necessary to provide adequate and efficient service. (e) Collect from every public utility operating in the city its fair and just proportion of the expense of excavating, grading, paving, repaving, constructing, reconstructing, draining, repairing, maintaining, lighting, sweeping and sprinkling such portions of the alleys, bridges, culverts, viaducts and other public places and ways of the city as may be occu- pied or used in whole or in part by such utilities; or compel such public utility to perform, at its own expense, its just share of such excavating, grading, paving, repaving, construct- ing, reconstructing, draining, repairing, maintaining, lighting, sweeping and sprinkling. (f) Prescribe the form of accounts which shall be kept by each utility; provided, that if the utility shall keep its accounts in accordance with the uniform system of accounts for said utility as prescribed by the National Association of Railroad and Public Utility Commis- sioners, the Federal Power Commission, the Federal Communications Commission, the Railroad Commission of Texas, or their respective successors, this shall be deemed suffi- cient compliance with this paragraph. , (g) Examine or cause to be examined at any time the accounts and other records of any utility operating within the city for the purpose of ascertaining any fact relating to the business done by such utility and pertinent to the council's power of regulation. (h) The council shall provide means and prescribe regulations for independent testing of all gas, water, light and other public utility meters on complaint of any person who may be dissatisfied with the readings of the employees of those utilities, whether owned by pri- vate corporations or by the City of Denton. (i) Enact and enforce such reasonable regulations and restrictions as may be deemed desir- able or conducive to the safety, welfare and accommodation of the public. (j) The City of Denton shall have power, to prohibit the use of any street, alley, highway, boulevard or grounds of the city by any telegraph, telephone, electric light, street railway, interurban railway, gas company or any other character of public utility without first ob- taining the consent of the governing authorities expressed by ordinance, and upon paying such compensation as may be prescribed and upon such conditions as may be provided for by such ordinances, and the City of Denton shall have the power to require all tele- graph, telephone and electric light companies to place their wires underground. (k) city this charter, city code other applicable laws or that may be required from time to time by the council. Page 2 Page 3 (9) The repeq shall also sentain an), other i4bFma4iea requested by resOlUtiGH E) (1) Fix appropriate penalties to enforce compliance with all rules and regulations enacted by the council. (m) Give due notice and a fair hearing to persons or corporations to be affected by such rules and regulations before they shall be adopted. SECTION 3. All other terms and conditions of Ordinance No. 2006-232 not amended by this ordinance will remain in full force and effect. SECTION 4. If any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or application thereof to any person or circumstance is held to be unconstitu- tional, such holding shall not affect the validity of the remaining portions of this ordinance, the City Council of the City of Denton hereby declares that they would have enacted such remaining portions despite any such invalidity. SECTION 5. The City Council has found and determined that the meeting at which this ordinance is considered is open to the public and that notice thereof was given in accordance with the provisions of the Texas open meetings law, Tex. Gov't Code ch. 551, as amended, and that a quorum of the City Council was present. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 3 day of Oetig6er , 2006. PE 2 R. M!N l L, MAYOR ATTEST: WALTEAS,\CITY SECRETARY ApftbVED A AO LEG4L FORM: EDWIN M. SDPYMR, CJ;(Y ATTORNEY C Page 4