HomeMy Public PortalAbout06-09-1933 r)
Office of Specia'. Council Committee
City of Richmond, Indiana,
• - Friday June 9th, 1933,
•
The Special Council Committee-, Board of Public Works- of the City of
Richmond, Indiana,met in regular session at the office of said Board
Friday June 9th, 1933, at 9 o 'clock A.M.All the members of said Board
Messrs, Crabb, Schnieder and Williams, being present, . the following
proceedings were had, to-wit :
The minutes ,of the preceeding meeting were approved as read.
Request of Geo. Worley, for electric light in South 17th Street,be-
"A" & "B11 Streets, was received and taken under advisement.
`lUe Board received notice from Public Service Commission of Indiana,
in matters of hearings to be held before said commission on June19
and June 21st, 1933, in matter of Lovelace Truck Service; John T.
Dickens Jr. , ; Affiliated Freight Terminals, inc.A, ; and Continental Ex:ig
Freight Forwarding Co. , inn, for a certificate of Public Convenience
and Necessity to operate motor vehicles as common. carrier of propertr
over Road # 1I.0.-, notices ordered placed on file. -
Sup 't. , of Light Plant reported that the estimated cost to install
the lighting system on Roosevelt Field is- $552. 76,he was directed
to proceed with said installation.
•
The following communication was received, to-wit :
Special. Committee of Council -
acting as a Board of Works,
Richmond, Indiana. •
Gentlemen:
• In compliance with your request for an opinion as to
whether or not the City of Richmond and its officers in charge of
its electric plant have the right to furnish free current to the Day •
Nursery, the premises occupied by the Wayne Township ,CoLnmissary, the
Wayne County Historical Museum, and other like semi-public organi-
zations,. will say that the rates fixed by the Public service Commis-
sion of Indiana covering charges of the utility were fixed according
to law, and, according to Section •12718 Burns Revised Statutes,are
to be considered "prima facie lawful" , and when fixed by the Commis-
sion,went into force as legal rates, and, according to the statute, are
to ve considered prima facie reasonable . There has been no proceed-
ing brought under the statutes to change these rates, and they .'do not _.
provide for the furnishing of any free current to any public or semi
public organization or body.
I understand that a letter has been written by some memberh or
members of the Public Service Commission intimating. that the City of •
Richmond might furnish such free current, but it is my opinion that
without an order made as provided by the statutes of this State, such
an intimation by members of the Commission would not be binding upon
the City of Richmond or its officers, nor would it protect them from
the provisions of the law which prohibits rebates or free service.
There is some doubt whether the Public- Service Commission itself
would have any right to order any such free service.
Section 115 .of the Shively-Spencer Act covering rates of utilities,
is as follows: " It shall be unlawful for any person, firm or corporation
knowingly to solicit, accept or receive any rebate, concession or
discrimination in respect to any such service in, . or affecting, or
relating to, any puolic utility, or for any .service in connection
therewith, whereby , any such service shall, by any device whatsoever,
be rendered free or at less rate than that named in the published
schedules and tariffs in force as provided herein, or whereby any
service or advantage is received other than is hereby specified.
Any person, firm or corporation violating the provisions of this
section shall be. deemed guilty of a misdemeanor, and, upon convict-
ion thereof, shall be punished by a fine not less than 150.00 nor
more than $1,000-.00 for each offense. 1°
(See next page for more) . t`y_._
201
-_ __ FridayJune 1933 .
City Atty. opinion on frees electric current, cont °d.
Considering the above section, it is my opinion that any officer
or employee of the City who would permit any rebate, concession or
free service to any person or organization of any kind would be sub-
lject to the penalty provided for in said section.
Yours truly,
R. K. Shiveley, City Attorney.
The Board accepted said opinion of the City Attorney, anc directed
the same be embodied in and made a part of the minutes of this meeting.
Sup °t . , of Light Plant, D. C . Hess-, was authorized to contract for
jnecessary coal at light plant for the month, at the best price ob-
.
' ta.inable according to grade of coal to be furnished.
1jClaims in amount of $5, 838.86 were allowed and the sum of $10,494.22
transferred from Light Plant General Fund, to the Light Plant Uepreci-
I
C cation reserve fund.
az
No further ousiness appearing,
it
The Board then adjourned,
Prest, of Board
Attest :
A \
isler kof Board
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