The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1913-04-08
City Attorney Reviews Pub
lie Utilities Act and Advises
Passing Water Works Con-
tract Bill.
MUCH AUTHORITY is
GIVEN TO COUNCIL
Can Dictate Terms and Con-
ditions Under Which ANY
Corporation Can Use the
Streets of City.

City Attorney W. A. Bond last ev-
ening read a statement to council in
which he explained the various provis-
ions of the new public utilities COM
mission law. He went into minute de-
tail in his review of the statute and in
conclusion advised council, at its first
meeting in May, to introduce a con-
tract-ordinance affecting the water
works company which would regulate
the operations of that corporation,
and he further urged that council be
assisted in the preparation of such an
ordinance by commercial organiza-
tions and such citizens as are willing
and able to give such assistance.
Concerning the powers conferred on
council by the public utilities commits
sion act Mr.. Bond said:
Statement Of Bond.
Some of the most important provis-
relate to the rights, duties and pow
ers of city officials, especially to men,
bers of the common council, are set
forth in Sec. 110, a part of which is as
follows:
Every municipal council shall have
power, (a) to determine by contract,
ordinance or otherwise the quality and
character of each kind of product or
service to be furnished or rendered
by any public utility furnishing any
product or service within said muni-
cipality, and all other terms and con-
ditions, not inconsistent with this act,
upon which such public utility may be
ways. or other public property within
such municipality. and such contract,
ordinance or other determination of
such municipality shall be in force and
prima facie reasonable, upon COM
plant made by such public utility or
in section 81 the commission shall set
by any qualified complaint as provided
a hearing as provided in section 81 to
II and if 1t shall find such contract,
ordinance or other determination to be
unreasonable, such contract, ordinance
or other determination shall be void.
(b) To require of any public utility
by ordinance or otherwise such addi-
tions and extensions to it's physical
plant within said municipality as shall
be reasonable and necessary in the
interest of the public, and to desig-
nate the location and nature of all
such additions and extensions, the
time within which they must be COM
pleted and all conditions under which
they must be constructed subject to
review by the commission as provided
in subdivision (a) of this section.
(c) To provide for a penalty for non
compliance with the provisions of any
ordinance or resolution adopted pur.
suant to the provisions hereof. (d)
The power and authority granted in
this section shall exist and be vested
in said municipalities anything in this
act to the contrary Notwithstanding. ~
Reduced to it's simplest form and
stripped of all verbiage, and based
only on action by ordinance, the first
subdivision of this section would read
as follows:
Every municipal council shall have
power to determine by ordinance the
quality and character of each product
to be furnished. and all other terms
and conditions upon which a public
utility may be permitted to occupy
the streets of such city, and such ordi
nance shall be in force and prima ia
Gle reasonable.
If we specialize only with this city
and the Water Works Company, using
the words of the statute, then this
power would be as follows:
The common council of this city has
power to determine by ordinance the
quality and character of the water to
be furnished and all other terms and
conditions upon which the Richmond
City Water Works Company may oc
cupy the streets of this city, and such
ordinance shall be in force and prims
facie reasonable.
This law, like all others, is not sell
acting; it requires something to be
done by some body polite, corpora
ton or individual or the commission
itself, before its benefits are obtaina
BILE.
The only question. perhaps, of much
Importance, which can arise concern
ing the powers of city is: Has il
the authority to determine and fl
rates by ordinance7"
1t undoubtedly can contract fol
rates under old laws, and / see no rea
son why it cannot do so when this
law becomes effective, but any such