2006-297
S:\Our Documents\Ordinances\06\Ordinancc Amending 2006-232.doc
ORDINANCE NO. Z tJ06 - 2. q '1
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 I. 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 upol! 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)
(d)
(e)
(f)
Prescribe reasonable standards of service and quality of products to be furnished by each
utility and prevent unjust discrimination.
Require such extensions of plant and service and such maintenance of plant and fixtures
as may be necessary to provide adequate and efficient service.
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.
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 Commissiqn, 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, welfar~ 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)
Require each utilitv operating in the citv to file with the citv such reports and other in-
formation pertaining to its operations that are required bv its franchise agreement with the
citv, this charter. citv code. other applicable laws. or that may be required from time to
time by the council. ReEll:lire eaek atilit)' t8 file aH annHa1 y.ntteB reflect, Er.W,'sm t8 by its
Page 2
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, "'itRiR Sillty (89) aa:-
n,. R the eity seeretar) .. H"
resiseRt, "It rt saall sRe ", m.
seerotar)' er jl T l~' .uRiell rejlo , se-TiRg SHEita
f Il utH.-, " l3l" \Ise IR _ ~
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I fit afld jlrepe), a eest ef eae ,
'rhe aet1::lal east o~ ~eRjlteafl stating tRe leeatI10Re:aeael-1_1ant aRa flf0l3ert).
T G'l'er.,e, t"a-ue r "
ers iR tRe t~~ aepreeiatieR afla preseR , he"'iflg '{:hetBer SlieR
gether WIth " laRt er prejlert)', s :' a "alHe jlreseRt
' a for SHe.. p Is appraise, , me
The ether eests er \'~~~e :tl~I;:oelc eests'..~t'fe~:s:e :::ru~d d8flresiatieR er se
eElst Elr vallie IS am, resuetiElR eest RO" " Ret ll':ailal3le,
t HahH~ ref t.' t fieRI e8st IS
iRHestmofl, '" d ifthe "IS e '''Ie -reper
' ",' m"'" , 'b1 ... ......." "
otller aesen ,. 'I howiRg the ifltaflgl e't maiRS, ets" eas
. 1113e listealR Ele~al. s i 05, 1381es, Glrel:1l S,
'T'he prepert18s sha 11. er' fHulalRgs, fJ }3
-r 1 as mae~lR .n
ties sHsR as aR '. a er 'llrastielc
'ted sejlarately, 'bea aRymetlle ) e~ SHell
troa " ' t" Ras jlrosen ~ lae flame r
ulatory a1:ltHon J ..J fiR w:alwE! aRid
" ~ oral or state rog l3 fl "alue.., su fl
If all)' r8.. rty er phmt RaG eo ~ tRe ordor relied ufle ,
b" n'hieh the preps t ~ mitR a refereHse e " -laRt; if
J " a II ae sla e.. " esiHg SIlS.. "
aHtRerity S a tlle prejlerties eemfl rt shall slle',v
ftgage ujleH , IlleH the repe fty
The affleuflt ef al1)' li::":~s~:v~ral jllaRts or jl;::~~:=sDeflteH te a~,tR:aier~~Hes
mertgage, I I alia jlfO h prepe-Ie ' a
tlle lieH er, I Halue of t~e jl all 1I II slate wllethor SHS etller methe ,
the jlrepe~l:al~e~ er mertgage aRd bSe;, eesls, aflflraised ':al:::I:~S or e\lslemers
eo":ereEl 13) t I al historisal sesls, -arative FlUmber ef , relatiON t8 the
a eH ae, Ii a ,.. Ille sem" f ef' 'lee IH a
are base hall f-H~er s e" , ggrogate Hse e.s , 11 tRer iHGeBte Hess
ailS tile reflert ~eflteH jllaRt aRd taelf a ertgage; likeWIse a e
e~Ted BY the ..1 BT' tRe heft ef m
s ' ftJ' se"ere.. J I l3 he"'H
\yhele f)ra13e R' ter-rise ahal e a ". se~~-ate items the
.' Ie SHS- eH '" , as __p= a
,-" , ~ .",..., ..,-, -.. ""''' ~
f g SHsh plaR snarges, mslHalHg , s EIfla repaIrs,
flHal sest of ejlera IR a ages Filled Ii I e)lteHsleH I f
Tae an . i" salaries aR'S , I paid fer lie, lfS 11Ie ees 0
la .er I' afflOUH , fla repa , I
a-HlaHflt fla .. eaeR separate), .. t"e m(teRaH3RS at. r snit amaHfl
gl'"mg, , lanzlHg .. a slalm e g,
iHsuraHse" tely aHd jlartleli , deHtifyiHg eas , meHt is allElfl
giyiHg easll sejlar~aHHt jlaia fer aaffla~es: / al1)' maslliHer)' er e:u:e eriginal sest
maiRtenaflSe, am Hoe liS e)lpeHGeS" aR , I he SarRe shalllle state, metRed ef al
jlaid fer mlseella its use diseeHtJHHeG, t a tRe alleeatieH aRa thene"'H iH aelail
Olit or iJ i"eR' EIfl a IIlle s- .. f
aeHed, 'seFR 1 thereef shall e g, ~Tty iH DeHleH sa, er diyisieH e
aflS preseHt ya ;~lIe bHSiHOSS of sHsh : ~~ell alleeatieH, jlreratleR
loeatiBg east El t Elf tae Basis far eae
n'itl:1 a statemen
~'ests aRa elljlel1SeS, , ef suell Htility
aan, tRe gross earRlftgs ings iRel1:laiag
TlIe repert shall s f '~reGliGiHg slleh sam ,
. tRe east a
DemaR,
(I)
(2)
(3)
(1)
(5)
(€i)
(7)
S ift
1-': ffl its 8}30ratieR
tfe , f aR)'
as itemizatlsR 0
Pilge 3
Efver all }3reratea eests aT eJC}3eR!S0S el=1argea ag&iHst tl=1e l::ltility's o}3eratieas IF!
DenteH; ana the Het }3refits from the o}3eratioHs in DaRton.
(S) The re}3ert shall also esnttHB any ether iBformation reE}a0stea by reselatieH of the
eSHHeil.
(I) 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~d dayof Oe:h6er ,2006.
~~;L~R
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