Indio Municipal Code Ch. 50 Electricity

[1961 Code, § 8.3; Ord. 573]

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CORPORATION

A corporation, company, association, district or political subdivision of the state and a joint stock association.

ELECTRICAL CORPORATION

Every corporation or person 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.

ELECTRIC PLANT

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.

PUBLIC OR ANY PORTION THEREOF

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

Any district formed pursuant to Cal. Water Code div. 11, part 2 or other municipal corporation or governmental agency of the state 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. The term 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.

RATES

Rates and charges, unless the context indicates otherwise.

[1961 Code, § 8.1; Ord. 573]

In accordance with Cal. Water Code § 22123, the City Council hereby establishes 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 herein any and all rules and regulations heretofore or hereafter adopted by the Public Utilities Commission of the state as may be more specifically adopted by resolution of the City Council, either setting the same forth in full or by reference to the existing rule of the Public Utilities Commission.

[1961 Code, § 8.4; Ord. 573]

(A) Every public utility shall furnish to the City Council in the form and detail as the Council prescribes all tabulations, computations, maps, profiles, agreements, contracts, franchises, reports, books, accounts, papers, records or other document or information in any way reflecting on the operation of the 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 the 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 the Council for the furnishing of the information above set forth or may require, as is deemed necessary, the public utility to maintain certain prescribed forms of accounts, records, including but not limited to proper and adequate depreciation and inventories.

[1961 Code, § 8.5; Ord. 573]

(A) The City 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 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) When 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 the commodity or render the service within the time and upon the conditions provided in those rules.

(D) When 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 the additions, extensions, repairs, improvements or changes be made or the 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 the time the public utilities 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 that cost to be borne by the 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 prescribed, among other things, the installation, use, maintenance and operation of appropriate safety or other devices or appliance, 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 that may be accomplished by the Public Utilities Commission of the state in its regulation of electrical power companies deemed public utilities in the state.

Subchapter 2. Rates and Charges

[1961 Code, § 8.6; Ord. 573]

(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 the 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 any increase in any rate except upon a showing before the Council and a finding by the Council that the increase is justified. The Council may establish the rules 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 increases, 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 schedules or schedules in lieu thereof.

Subchapter 3. Administration and Enforcement

[1961 Code, § 8.2; Ord. 573]

The City Council may employ the 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 the Council.

[1961 Code, § 8.7; Ord. 573]

All hearings by the City Council hereunder shall be held in accordance with the regulations set forth in the Public Utilities Code of the state, in accordance with those held by the Commission, and all provisions therewith to the extent possible by the Council shall be followed.

[1961 Code, § 8.8 1.,3.,4.; Ord. 573]

(A) When 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 the city, it shall direct the City Attorney to commence an action or proceeding in the Superior Court in and for this county, for the purpose of having the violations or threatened violations stopped and prevented, either by mandamus or injunction. The City Attorney shall thereupon being the action or proceeding in the name of the people of the city by petition to the Superior Court, alleging the violation or threatened violation complained of and praying for appropriate relief by way of mandamus or injunction.

(B) Every violation of 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 or her official duties or employment, shall, in every case, be the act, omission or failure of the public utility.

(C) 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 or her official duties or employment, shall, in every case, be the act, omission or failure of the public utility.

[1961 Code, § 8.8 2.,5.; Ord. 573]

(A) Any public utility which violates or fails to comply with any provision of the state constitution 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 a misdemeanor.

(B) 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 this 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 the violation or noncompliance in a case in which a penalty has not otherwise been provided is guilty of a misdemeanor.