A-10086, JULY 14, 1925, 5 COMP. GEN. 29

A-10086: Jul 14, 1925

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ACCOMPANIED BY A CERTIFICATE OF THE CUSTODIAN OF THE GOVERNMENT BUILDING FURNISHED THE SERVICE THAT THE NEW RATES HAVE BEEN APPROVED BY SUCH COMMISSION. THAT NO QUESTION AS TO THE RATES IS KNOWN TO BE PENDING IN ANY COURT. THAT THE RATES ARE PAID BY THE PUBLIC GENERALLY. WILL BE ACCEPTED BY THE GENERAL ACCOUNTING OFFICE FOR FILING WITH THE CONTRACT INVOLVED AS EVIDENCE OF SUCH NEW RATES. 1925: I HAVE YOUR LETTER OF JUNE 9. AS FOLLOWS: RECEIPT IS ACKNOWLEDGED OF YOUR LETTER OF THE 28TH ULTIMO ADVISING THAT IN EACH AND EVERY INSTANCE WHERE A CHANGE OF RATES IS CLAIMED BY A MUNICIPALITY OR BY A PUBLIC UTILITY DURING THE TERM OF ITS CONTRACT. WHERE RATE CHANGES ARE INSTITUTED BY MUNICIPALITIES.

A-10086, JULY 14, 1925, 5 COMP. GEN. 29

CONTRACTS - PUBLIC UTILITIES - CHANGE IN RATES WHERE CONTRACTS FOR THE FURNISHING OF GOVERNMENT BUILDINGS WITH GAS, ELECTRIC CURRENT, AND WATER PROVIDE FOR PAYMENT AT RATES IN ACCORDANCE WITH ANY CHANGE THAT MAY BE AUTHORIZED BY A STATE PUBLIC SERVICE OR UTILITIES COMMISSION, A COPY OF THE NEW SCHEDULE OF RATES, SHOWING THE DATES WHEN THE SAME BECOME EFFECTIVE, ACCOMPANIED BY A CERTIFICATE OF THE CUSTODIAN OF THE GOVERNMENT BUILDING FURNISHED THE SERVICE THAT THE NEW RATES HAVE BEEN APPROVED BY SUCH COMMISSION, THAT NO QUESTION AS TO THE RATES IS KNOWN TO BE PENDING IN ANY COURT, AND THAT THE RATES ARE PAID BY THE PUBLIC GENERALLY, WILL BE ACCEPTED BY THE GENERAL ACCOUNTING OFFICE FOR FILING WITH THE CONTRACT INVOLVED AS EVIDENCE OF SUCH NEW RATES.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE TREASURY, JULY 14, 1925:

I HAVE YOUR LETTER OF JUNE 9, 1925, AS FOLLOWS:

RECEIPT IS ACKNOWLEDGED OF YOUR LETTER OF THE 28TH ULTIMO ADVISING THAT IN EACH AND EVERY INSTANCE WHERE A CHANGE OF RATES IS CLAIMED BY A MUNICIPALITY OR BY A PUBLIC UTILITY DURING THE TERM OF ITS CONTRACT, THE GENERAL ACCOUNTING OFFICE SHOULD BE FURNISHED WITH A CERTIFIED COPY, UNDER SEAL, OF THE LAW PROVIDING FOR THE PROCEDURE FOR LAWFUL CHANGE OF RATES (AND) WITH AN OFFICIAL COPY OF EACH NOTICE OF THE INCREASE OF RATES.

WHERE RATE CHANGES ARE INSTITUTED BY MUNICIPALITIES, THEY ARE GENERALLY EFFECTED BY AN ORDINANCE OR SIMILAR ACT OF THE MUNICIPAL LEGISLATURE, AND THE DEPARTMENT WILL ENDEAVOR TO FURNISH COPIES OF THE SAME.

WHERE THE RATES ARE FIXED OR CHANGED FROM TIME TO TIME BY PUBLIC UTILITY COMMISSIONS ACTING UNDER A GENERAL STATE STATUTE, THERE MAY BE SOME DIFFICULTY, BECAUSE OF THE LARGE NUMBER INVOLVED FOR EACH STATE AFFECTED, IN SECURING CERTIFIED COPIES, UNDER SEAL, OF THE LAW PROVIDING FOR THE CHANGES. IN SUCH CASES YOU ARE REQUESTED TO STATE WHETHER THE CERTIFICATE OF THE CUSTODIAN OF THE BUILDING TO THE EFFECT THAT THE CHANGES HAVE, TO HIS PERSONAL KNOWLEDGE, BEEN APPROVED BY THE STATE PUBLIC SERVICE COMMISSIONS, AND THAT THE NEW RATES ARE IN ACCORDANCE WITH THOSE PAID BY THE PUBLIC GENERALLY TO THE COMMUNITY TO WHICH THEY APPLY, WILL ANSWER THE PURPOSES OF YOUR OFFICE. IF NOT, THE DEPARTMENT WILL ENDEAVOR TO GET IN TOUCH WITH EACH STATE PUBLIC SERVICE COMMISSION AND REQUEST CERTIFIED COPIES OF EACH RATE CHANGE, TO BE FILED WITH YOUR OFFICE AS AFFECTING EACH BUILDING WITHIN THE STATE AFFECTED THEREBY.

THE LETTER OF MAY 28, REFERRED TO, HAD REFERENCE TO CHANGES IN RATES FOR GAS, ELECTRIC CURRENT, AND WATER FURNISHED GOVERNMENT BUILDINGS, UNDER THE CONTROL OF THE TREASURY DEPARTMENT, IN ACCORDANCE WITH CONTRACTS BASED ON PROPOSALS (TREASURY DEPARTMENT, SUPERVISING ARCHITECT, FORMS 8624-A, B, AND C, RESPECTIVELY), CONTAINING, UNDER THE CAPTION "INSTRUCTIONS AND CONDITIONS," THE FOLLOWING STIPULATION:

4. IT IS UNDERSTOOD THAT THE RATES SUBMITTED IN ACCORDANCE WITH THIS PROPOSAL SHALL BE, IN THE CASE OF PUBLIC UTILITIES, SUBJECT TO ANY CHANGES, INCREASES, OR DECREASES ORDERED OR APPROVED BY THE STATE PUBLIC SERVICE OR UTILITIES COMMISSION OR WHICH MAY BE REQUIRED UNDER AN AMENDED FRANCHISE OR AS MAY BE DECIDED BY THE COURTS; AND IN THE CASE OF MUNICIPALITIES SUBJECT TO ANY CHANGES, INCREASES, OR DECREASES TO THE PUBLIC DURING THE TERM OF THE CONTRACT, IT BEING UNDERSTOOD THAT IN NO CASE WHATSOEVER, EITHER IN THE CASE OF PUBLIC UTILITIES OR IN THE CASE OF MUNICIPALITIES, SHALL THE RATES CHARGED THE GOVERNMENT EXCEED THE RATES TO THE PUBLIC. IT IS UNDERSTOOD THAT NEW SCHEDULES OF RATES IN ACCORDANCE WITH THE TERMS OF THIS PARAGRAPH SHALL AUTOMATICALLY SUPERSEDE THE RATES HEREIN OFFERED FROM THE DATE SUCH NEW RATES BECOME EFFECTIVE, COPIES OF THE NEW SCHEDULES OF RATES, SHOWING THE DATES THE SAME BECOME EFFECTIVE, COPIES OF THE NEW SCHEDULES OF RATES, SHOWING THE DATES THE SAME BECOME EFFECTIVE, TO BE FILED WITH THE DEPARTMENT. IN THE EVENT, HOWEVER, OF THE RATES HEREIN OFFERED BEING SUPERSEDED DURING THE TERM OF THE CONTRACT BY HIGHER RATES, THE RIGHT IS RESERVED TO REVOKE THE CONTRACT IF DEEMED TO THE BEST INTERESTS OF THE DEPARTMENT.

NEW SCHEDULES OF RATES SHOWING THE DATES WHEN THE SAME BECOME EFFECTIVE, ACCOMPANIED BY A CERTIFICATE OF THE CUSTODIAN OF THE GOVERNMENT BUILDING FURNISHED THE SERVICE THAT THE NEW RATES HAVE BEEN APPROVED BY THE STATE PUBLIC SERVICE OR UTILITIES COMMISSION, THAT NO QUESTION AS TO THE RATES IS KNOWN TO BE PENDING IN ANY COURT, AND THAT THE RATES ARE PAID BY THE PUBLIC GENERALLY, WILL, IN VIEW OF YOUR STATEMENT, BE ACCEPTED BY THIS OFFICE AS EVIDENCE OF SUCH NEW RATES.