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<br />regulating of Company in the exercise of the rights and privileges herein conferred, but the
<br />governing body of the City reserves unto itself exclusively the power to fix and regulate the general
<br />charges and rates of Company, to the full extent that such power is provided in the charter, this
<br />franchise, and state law.
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<br />(c) It shall be the right and duty of the Director, or his representative, and the governing
<br />body of the City at all times to keep fully informed as to all matters in connection with or affecting
<br />the construction, reconstruction, maintenance, operation, and repair of the properties of the
<br />Company and its accounting methods and procedures in connection therewith, and the conduct of
<br />the Company's business in the City and of service being rendered by Company.
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<br />Section 11. Availability, Character of Service
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<br />Company shall, at all times, furnish service which is modern and sufficient to meet
<br />reasonable demands without undue interruption or fluctuations, under fair and reasonable rules and
<br />regulations as provided for herein, to any person, firm, or corporation that shall demand service
<br />within the City, upon the terms herein specified or that hereafter may be specified and required by
<br />ordinance or rules duly passed by the City, which shall be incorporated by Company into its tariff
<br />and not be inconsistent with state and federal law. Company shall make service connections on
<br />reasonable demand, without undue delay. Company covenants that it will furnish such service,
<br />instrumentalities, and facilities as are safe, adequate, efficient, and reasonable. Notwithstanding
<br />anything herein to the contrary, this section is not intended to create or grant any rights, contractual
<br />or otherwise, to any person, firm, or corporation demanding service within the City, but that the City
<br />shall have the sole right of enforcement of this section.
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<br />Section 12. Service Rates
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<br />(a) The governing body hereby expressly reserves the right, power, and authority to fully
<br />regulate and fix the rates and charges for the services of the Company to its customers, fully
<br />reserving to the governing body all the rights, powers, privileges, and immunities, subject to the
<br />duties and responsibilities which the constitution, the laws of the state, and the charter confer upon
<br />the City.
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<br />(b) Company may, from time to time, propose changes in its general rates by filing an
<br />application with the City Clerk for consideration of the governing body. Within a reasonable time
<br />consistent with law, the governing body shall afford Company a fair hearing with reference to the
<br />application and shall either approve or disapprove the proposed changes or make such order as may
<br />be reasonable.
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<br />(c) In order to ascertain any and all facts, the governing body shall have full power and
<br />authority to inspect, or cause to be inspected, the books of Company, and to inventory and appraise,
<br />or cause to be inventoried and appraised, the property of Company, and to compel the attendance
<br />of witnesses and the production of books and records, and to prescribe penalties for the failure or
<br />refusal of Company to testify or produce books and records as required.
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