PHILADELPHIA HOME RULE CHARTER
CHAPTER 8 WATER DEPARTMENT
§5-801. Rates and Charges.
In accordance with such standards as the Council may from
time to time ordain, the Water Department shall fix and regulate rates and
charges for supplying water, including charges to be made in connection with
water meters, and for supplying sewage disposal services. The standards pursuant
to which rates and charges shall be fixed by the Department shall be such as to
yield to the City at least an amount equal to operating expenses and interest
and sinking fund charges on any debt incurred or about to be incurred for water
supply, sewage and sewage disposal purposes. In computing operating expenses,
there shall be included proportionate charges for all services performed for the
Department by all officers, departments, boards or commissions of the
City.
ANNOTATION
Sources: No specific source.
Purposes: The Water Department is to fix and regulate rates
and charges for supplying water and sewage disposal services so that this
function will not be subject to the political pressures that have been brought
to bear upon Council when it has undertaken to perform this task. Rate-making
for utility services has long been regarded as being primarily an administrative
function subject to legislative standards and this section follows this
practice. Council is to ordain the standards pursuant to which rates are to be
fixed, a proper function of the legislative branch, and the Department is to fix
rates within such standards, an appropriate function of the administrative
branch. However, it is required that the standards fixed by the Council shall at
least be sufficient to recoup current operating expenses and interest and
sinking fund charges on debt incurred or about to be incurred for water and
sewage purposes, standards which usually must be met by any utility. This
requirement does not go as far as rate standards do in the case of privately
operated utilities; for example, it is not required that the standards make
allowance for depreciation. To require the same formula as is permitted in the
case of private utilities might result in the cost of water being prohibitive
because of the financial history of this utility in the City. Moreover, a City
utility is not necessarily operated on the assumption that the cost of the
service which it furnishes must be recouped. Separate accounting is required for
operating expenses in order that it might be possible to show the cost of
furnishing the utility services, a factor important in determining rates and
charges.