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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 . l - I - i - I i