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In order to ascertain the true amount of gross receipts, capital invested, property value, depreciation and expenses, or any other fact connected with or relating to the business done by such franchise holder, the city council shall have full power:
(1) to examine, or cause to be examined, at any and all reasonable times, the books, papers and records of the franchise holder;
(2) to take testimony and compel the attendance of witnesses and the production of books, papers and records and to examine witnesses under oath, under such rules and regulations as the city council may adopt;
(3) to examine the physical properties and facilities of the franchise holder at all reasonable times;
(4) to declare the franchise or privilege enjoyed by the holder in default, annulled and terminated in the event the holder should unjustifiably refuse to permit the inspection of books, papers, records or properties, or if any officer, agent or employee of such franchise holder unjustifiably refuses to give testimony when requested by the city council.
Every public service franchise holder shall furnish and provide equal and uniform service alike to all persons, firms, corporations, and other business entities in the City of Dallas. It shall be unlawful and a sufficient ground for forfeiture of any franchise for any such holder, after notice, to grant free service or furnish better service, or to furnish service for a lower price or rate, conditions or quantity of service considered, to any person, firm, corporation, or other business entity, than to other persons, firms, corporations, or other business entities under like circumstances, or to otherwise discriminate in the manner of rates or service, except as may be provided by state law. Any such public service franchise holder may, from time to time, with the consent and approval of the city council, adopt the schedules governing rates, conditions or quantities of service considered, and allow the applicants to choose between alternative schedules. No such schedule shall be operative, nor shall service be furnished in accordance therewith, until filed with and approved by the city council. (Amend. of 11-8-05, Prop. No. 9)
Upon proof being received by the city council that the provisions of a franchise previously granted are being violated, it shall at once cause an investigation to be made of the alleged violation. If the city council is of the opinion that the provisions of the franchise are being violated, it shall instruct the city attorney to take the necessary steps to secure compliance with the terms of the franchise. Should the franchise holder fail to comply, after notice, then the city attorney may take the steps authorized by law including forfeiture of the same.
The city council shall provide for a fair hearing to any person, firm, corporation, or other business entity enjoying a public service franchise in the City of Dallas, prior to the change in the rates, rules, or regulations applicable to such franchise. In fixing or changing the charges, rates, fares, or compensation, or determining the reasonableness thereof, no stocks or bonds authorized or issued by any corporation, nor any indebtedness created by any person, firm, corporation, or other business entity, enjoying a franchise, shall be considered unless upon proof that the stocks, bonds, or indebtedness have been actually issued for money paid and used in the reasonable development of the property of the franchise holder, for labor done or property actually received in accordance with the laws and constitution of the state applicable thereto. No hearing shall be required for a reduction in rates unless requested in writing by an interested person, firm, corporation, or business entity. (Amend. of 11-8-05, Prop. No. 9)
The city shall have the power through eminent domain proceedings to acquire any public utility operating with or without a franchise and furnishing a public service to the residents of Dallas. The procedure to be used in the acquisition of such property shall be that as set forth in Chapter 21 of the Texas Property Code, as amended, and other applicable state law. In valuing the property, the measure of damages shall be the fair market value of the physical properties together with its franchise, if any, taken together as one system. This power shall be in addition to and cumulative of any other powers of acquisition granted to or reserved by the city in a franchise ordinance. (Amend. of 11-8-05, Prop. Nos. 9 and 13; Amend. of 11-5-24)
Prior to the purchase of any existing franchised public utility system, either according to the terms of the franchise or by eminent domain, the city council must submit the question of the purchase to the qualified voters of the City of Dallas, and the same must be approved by a majority of those voting in the election.
The city council shall have the power by ordinance to grant to any owner of property abutting upon the streets or other property of the city, the use thereof or to go over or under the same in any manner which may be necessary or proper to the enjoyment of said abutting property by the owner; provided, however, that such use be not inconsistent with, and does not unreasonably impair the public use to which said street or other public property may be dedicated, or the use being made of the same by a public service franchise holder from the city. The city council shall fix the terms and conditions of any such grant and the time for which it shall exist. Whether expressed or not, the right is expressly reserved to the city, acting through the city council, to terminate such license when deemed inconsistent with the public use of the property of the city and when the same may become a nuisance.
The city council shall have the power to grant minor or temporary privileges in the streets, public ways and public places of the city by ordinance or resolution. Such permit shall be unconditionally revocable at the will of the city council and shall not be deemed to be a franchise as used in this Charter.