Coachella Municipal Code Ch. 13.20 Electric Power Companies

In accordance with the Water Code of the state of California, the city council of the city does establish the following basic rules and regulations covering any district providing electric power within the limits of the city, without limiting the same to those rules and regulations hereinafter set forth, but in addition incorporating in this chapter any and all rules and regulations heretofore or hereafter adopted by the public utilities commission of the state of California as may be more specifically adopted by resolution of the city council of the city, either setting the same forth in full or by reference to the existing rule of the public utilities commission.

(Prior code § 8½-1)

The city council may employ such officers, experts, engineers, statisticians, accountants, inspectors, clerks and employees as it deems necessary to carry out the provisions of this chapter or to perform the duties and exercise the powers conferred upon the city council by law or by this chapter, or may contract for service from any other agency of the state or any other governmental entity for any service deemed necessary by said council.

(Prior code § 8½-2)

Unless the context otherwise requires, the definitions and general provisions set forth shall govern the construction of this chapter.

"Corporation" includes a corporation, a company, an association, a district or political subdivision of the state, and a joint stock association.

"Electric plant" includes all real estate, fixtures and personal property owned, controlled, operated, or managed in connection with or to facilitate the production, generation, transmission, delivery, or furnishing of electricity for light, heat, or power, and all conduits, ducts, or other devices, materials, apparatus, or property for containing, holding, or carrying conductors used or to be used for the transmission of electricity for light, heat, or power.

"Electrical corporation" includes every corporation or persons or district or political subdivision owning, controlling, operating, or managing any electric plant for compensation within this state, except where electricity is generated on or distributed by the producer through private property alone solely for his or her own use or the use of his or her tenants and not for sale to others.

"Person" includes an individual, a firm and a copartnership.

"Public or any portion thereof" means the public generally, or any limited portion of the public, including a person, private corporation, or other entity for which service is performed or to which the commodity is delivered.

"Public utility" means any district formed pursuant to Division 11, Part 2 of the California Water Code, or other municipal corporation or governmental agency of the state of California, or electrical corporation engaged in selling or delivering within the city electrical power service, either directly or for resale to the public or any portion thereof. "Public utility" shall not, for the purpose of this chapter, mean any utility or agency subject to the jurisdiction, control and regulation of the public utilities commission of the state of California.

"Rates" include rates and charges unless the context indicates otherwise.

(Prior code § 8½-3)

A. Every public utility shall furnish to the council in such form and detail as the council prescribes all tabulations, computations, maps, profiles, agreements, contracts, franchises, reports, books, accounts, papers, records, or other documents or information in any way reflecting on the operation of such utility or relating to its property or affecting its business in such form and at such time as the council may direct.

B. No information furnished to the council by such public utility, except matters as are specifically required to be open to public inspection by the provisions of this chapter, shall be open to public inspection or made public except on order of the council. Any officer or employee of the city or any member of the council who divulges any such information, except that which is authorized to be open to the public, is guilty of a misdemeanor.

C. The council may establish any further rules and regulations deemed necessary by said council for the furnishing of the information above set forth, or may require, as is deemed necessary, such public utility to maintain certain prescribed forms of accounts, records, including but not limited to proper and adequate depreciation and inventories.

(Prior code § 8½-4)

A. The council may supervise and regulate every public utility in the city and may do all things whether specifically designated in this chapter or in addition thereto which are necessary and convenient in the exercise of such power and jurisdiction.

B. Every public utility shall obey and comply with every order, decision, direction or rule made or prescribed by the council in the matters specified in this chapter, or any other matter in any way relating to or affecting its business as a public utility, and shall do everything necessary or proper to secure compliance therewith by all of its officers, agents and employees.

C. Whenever the council, after a hearing, finds that the rules, practices, equipment, appliances, facilities, or service of any public utility or the methods of manufacture, distribution, transmission, storage, or supply employed by it, are unjust, unreasonable, unsafe, improper, inadequate, or insufficient, the council shall determine and by order or rule fix the rules, practices, equipment, appliances, facilities, service or methods to be observed, furnished, constructed, enforced, or employed. The council shall prescribe rules for the performance of any service or the furnishing of any commodity of the character furnished or supplied by any public utility and shall furnish such commodity or render such service within the time and upon the conditions provided in such rules.

D. Whenever the council, after a hearing, finds that additions, extensions, repairs, or improvements to, or changes in, the existing plant, equipment, apparatus, facilities, or other physical property of any public utility or of any two or more public utilities ought reasonably to be made, or that new structures should be erected, to promote the security or convenience of its employees or the public, or in any other way to secure adequate service or facilities, the council shall make and serve an order directing that such additions, extensions, repairs, improvements, or changes be made or such structures be erected in the manner and within the time specified in the order. If the council orders the erection of a new structure, it may also fix the site thereof. If the order requires joint action by two or more public utilities, the commission shall so notify them and shall fix a reasonable time within which they may agree upon the portion or division of the cost which each shall bear. If at the expiration of such time the public utilities shall fail to file with the council a statement that an agreement has been made for a division or apportionment of the cost, the council may, after further hearing, make an order fixing the proportion of such cost to be borne by such public utility and the manner in which payment shall be made or secured.

E. The council may, after a hearing, by general or special orders, rules, or otherwise, require every public utility to construct, maintain and operate its line, plant, system, equipment, apparatus and premises in such manner as to promote and safeguard the health and safety of its employees, passengers, customers, and the public, and may prescribe, among other things, the installation, use, maintenance and operation of appropriate safety or other devices or appliances, establish uniform or other standards of construction and equipment, and require the performance of any other act which the health or safety of its employees, customers, or the public may demand.

F. The council may, after a hearing, do any and all things as set forth in the Public Utilities Code of the state of California that may be accomplished by the public utilities commission of the state of California in its regulation of electrical power companies deemed public utilities in the state of California.

(Prior code § 8½-5)

A. All charges demanded or received by any public utility or by any two or more public utilities for any product or commodity furnished or to be furnished, or any service rendered or to be rendered, shall be just and reasonable. Every unjust or unreasonable charge demanded or received for such product or commodity or service is unlawful.

B. No public utility shall as to rates, charges, service, facilities, or in any other respect, make or grant any preference or advantage to any corporation or person or subject any corporation or person to any prejudice or disadvantage. No public utility shall establish or maintain any unreasonable difference as to rates, charges, service, facilities, or in any other respect, either as between localities or as between classes under this section.

C. No public utility shall raise any rate or so alter any classification, contract, practice, or rule as to result in an increase in any rate except upon a showing before the council and a finding by the council that such increase is justified. The council may establish such rules as it considers reasonable and proper for each class of public utility providing for the nature of the showing required to be made in support of proposed increase the form and manner of the presentation thereof.

D. The council may, upon a hearing, investigate a single rate, classification, rule, contract, or practice, or any number thereof, or the entire schedule or schedules of rates, classifications, rules, contracts and practices, or any thereof, of any public utility, and may establish new rates, classifications, rules, contracts, or practices or schedule or schedules in lieu thereof.

(Prior code § 8½-6)

All hearings by the council in this chapter shall be held in accordance with the regulations set forth in the Public Utilities Code of the state of California, in accordance with those held by the public utilities commission of said state, and all provisions therewith to the extent possible by this council shall be followed.

(Prior code § 8½-7)

A. Whenever the city is of the opinion that any public utility is failing or omitting or about to fail or omit, to do anything required of it by law, or by any order, decision, rule, direction, or requirement of the city, or is doing anything or about to do anything, or permitting anything or about to permit anything to be done, in violation of law or of any order, decision, rule, direction, or requirement of such city, it shall direct the attorney of such city to commence an action or proceeding in the superior court in and for Riverside County, for the purpose of having such violations or threatened violations stopped and prevented, either by mandamus or injunction. The attorney for the city shall thereupon begin such action or proceeding in the name of the people of the city, by petition to such superior court, alleging the violation or threatened violation complained of and praying for appropriate relief by way of mandamus or injunction.

B. Any public utility which violates or fails to comply with any provision of the constitution of this state or of this chapter, or which fails or neglects to comply with any part or provision of any order, decision, decree, rule, direction, demand, or requirement of the city, in a case in which a penalty has not otherwise been provided, is deemed guilty of a misdemeanor.

C. Every violation of the provisions of this chapter or of any part of any order, decision, decree, rule, direction, demand, or requirement of the city by any corporation or person is a separate and distinct offense, and in case of a continuing violation each day's continuance thereof shall be a separate and distinct offense.

D. In construing and enforcing the provisions of this chapter relating to penalties, the act, omission, or failure of any officer, agent, or employee of any public utility, acting within the scope of his official duties or employment, shall in every case be the act, omission, or failure of such public utility.

E. Every public utility and every officer, agent, or employee of any public utility, who violates or fails to comply with, or who procures, aids, or abets any violation by any public utility of any provision of the constitution of the state, or of this chapter, or who fails to comply with any part of any order, decision, rule, direction, demand, or requirement of the city, or who procures, aids, or abets any public utility in such violation or noncompliance in a case in which a penalty has not otherwise been provided, is guilty of a misdemeanor.

(Prior code § 8½-8)