HomeMy WebLinkAboutORD 51-Cx32,
Beaumont ordinance -relative to public service
Oorporations.
An ordinaAce
-orbidding n increase in the rates to the public
by_ a-,_p�, Iia service corporation enjo ing any franchise or public
right or Driv-ilege within the city of Beaumont or en agea in the
conduct of any public utility business therein, without the per-
_. _mis.s.ion. of_th& !,Iayor and city.. -council of the city of .iseaumont,pro-
viding for a hearing for the purpose of establishing — fa?r--rage; -
denouncing a penalty, providing for certain forfeitures, etc.
BE IFI OiDAI UEB BY 'TT-Dil CI`T'Y COU -'CII, UP THE OITY uP
Section 1. it shall. hereafter be iunlawful for any person, firm,
cor�o-ration
or association, their - agents, servants, or employes
engaged in the business of furnishing local telephone service to
the jublic within the limits of the City of Beaumont, or for any
person, firm, corporation or association, their agent,, servants,
or employes exercising or enjoying any public franchise or privilege
udder or in the city of i3eaumont, to charge or collect for the local
service rendered by them to the pi—Colic in the City of .Ueaumont any
higher rate titan the rates nor -r in existence and charged and collected
at this time, without first filing an application for such increase
and securing the a,,procal thereof by the i,iayor and City 010-?ncil of
the City of }3eaumonl; aftei" aA open hearing, as here inafte-..pi ovicled.
Section II. :in the event any such person, Limn, association or
corpora�;ion mentioned in section I hereof shall desire to increase,
..= -the -chap=des -at.—this--t.-ime_e:1�is�:ing:- ro. s� c1�: ser_vice -le y shall prior^
to attempting such increase, file with -the. .. ayor of the city their
application setting out in detail the rates by them 'proposed to be.
charged and the reasons for such increase and request a hea-ring.
Section III' Upon the fil'in� of such application, the iiayory and-
city
nd.city uouncll shall at the next succeeding regular meeting of the
city Council set a date for such hearing. to begin, which date shall
hot be later than ten days thereafter, and notice of said date shall
be given to the etitioner. Upon such hearing, which shall be =.
held by the i ayor M City council in open meeting, petitioner shall
have the right and it shall be its duty to produce such documents,
boo}:s, records, accounts and other evidence as may be necessary to
enable the l,iayor and City uoiinci1 to pass intelligently and fairly
upon the reasonableness of -the proposed rates, ancthe Layor and
City Council shall the right and authority to call for or introduce
any books, records, documents, accounts or other evidence w'aich might
assist in arriving at the proper determination of the issues invol-
ved.
section !V. Said hearin • shall be expeditiously, conducted, and at
-C' 'u minati,on thereof the City 00 _u shah., �,rzthln five clays
--- --
thereafter, either gra-nt..or .refuse said increase, or partially grant
- carne; -or -io*ger tiie-= existing raters-; as the --merits of -the, cash Tie r -re-- -
quire; and it shall be unlai;rful for any ;such person,. firm, co -
-oporation,
or associationj,their agents, servants, or employes, to'charge or
attempt to charge any rates for local service within the city of !�eau-
mont higher than. that so fixed by the riayor and City Council; and any
such increased rate so made without permission shall be void, and un-
collectible; -and. no such person, firm, CorpL-on or association,
their agents, servants or employes, shall discontinue or refuse to
furnish service -to tb.e public because of the failure or . ref!Zsal of
the -oublic to!_p.aycar�higher rate than the one' so fixed by the I,Tayor
and City Council.
Section V. Any person, firm, corporc'_i'on or association, or any
.-. 3rilar,t� '�+lJ JILLU' .Vi ill
C
agent, servant, or employe thereof, Who shall
provisions of this ord._nance shall be -guilty
moon conviction thereof shall be fined in any
one {,; 1.00) dollar, nor more than tweftty-five
and each separate charge or collection of any
permission of the : ayor and Oity Council shale
offense.
violate any of the
of a misdemeanor and
sum not les than
-(:_.,;25.00) dollars,
incl easo,:.rJi thbut the
constitute a separate
Section vi. Any person, firm, association or corporation enjoying
any ;public franchise within the limits of the city of-,eaumont or
holding any public privilege or right to render public service for
proi'it ,,llt[11 i1 the iity of Leaursont or rendering any public utility
service within said city, shall violate the provisions of this ordin-
ance, or ..rho shall increase the rates thar�'ed the public in violation
hereof, shall subject itself to a forfeiture of such franchise rights,
if any it may have, and the sane may be forfeited by the mayor and
vity vouncil of the Oity of Deaumont, after .ten day's notice to the
holder of such franchise rights; and any such person, firm, co_-Doration
or association, •,.',I'ilo, lJith..o.t ,-ii.tho-at franchise shall in the city of
.�3eatuilont fail or refuse to comply viith the- vrotrisions -of this ordinance
steal= not be allowed or per;ilitted to continue the operation o -L the
businesys in -?i2ich they are engaged tiritnin said city, and shall be,
-moon order of the Oity Oomacil, by the rolice _uepa-rtment restrained -
and prevented from so doing.
Section Vii. should any jpart or portion of this ordi:Lla- ce for any
reason be Tield invalid such holding shall in no trray of--Fect the r
ia:I- E of said or o -finance, fr�ich shall, oil the contrary, retrain in
full for ce and ef:ect.
Section VII! . .i'his ordinance being of argent public importance by
reason T 17,cts apparent upon the face hereof, and being necessary
for the it_-:ledi ate preset-,vati on of the onblic cielfare and safety , shall
be and become efle',tive from and iiL edla;ely after its--aassalge and
api% oval.