§ 34–809. Authority of Mayor not affected; ordinances of Commissioners not affected unless modified by Commission.

All the duties, powers, and authority of the Mayor of the District of Columbia shall continue and remain in full force and effect notwithstanding this subtitle; and all powers, authority and duties of the municipality known as the District of Columbia and all rights vested in said municipality shall continue and remain in full force and effect notwithstanding this subtitle. All the lawful ordinances and regulations made by the Commissioners of the District of Columbia as such, and all other lawful municipal ordinances and regulations, shall continue and remain in full force and effect, and may be altered, changed, or amended, and new ordinances and regulations may be made by the Mayor of the District of Columbia, acting as such, hereafter, notwithstanding this subtitle; provided, that when any order of the Commission created by this subtitle shall be made which shall be inconsistent and repugnant to any municipal ordinance or regulation, or any ordinance or regulation made or to be made by the Mayor of the District of Columbia, acting as such, then and in such event the order of the Commission created by this subtitle shall be given full force and effect, notwithstanding such municipal ordinance or regulation.

(Mar. 4, 1913, 37 Stat. 996, ch. 150, § 8, par. 99.)

Prior Codifications

1981 Ed., § 43-411.

1973 Ed., § 43-209.

Cross References

Public Service Commission, creation, powers and duties, see § 34-802.

General provisions, construction and severability of law, see § 34-403.

Penal provisions, unjust discrimination in rates, punishment, see § 34-702.

Public utilities, penal provisions, fines and penalties, see § 34-706.

Separability and saving clause, see §§ 34-405 and 34-406.

Utility failure to disclose, fraud, fines and penalties, see § 34-705.

Utility service, valuation and accounts, service and facilities charges, certification, see § 34-1101.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.