[R.O. 2009 § 2.24.010; Prior Code § 2-801]
There is created the Department of Municipal Utilities of the
City, which shall be responsible for the development, production,
purchase and distribution of electricity and water, along with other
utility services of the City including, but not limited to, the sanitary
sewerage system.
[R.O. 2009 § 2.24.020; Prior Code § 2-804(a)]
Within the Department there shall be separate divisions for
electric, water and other utility operations respectively. Separate
funds and accounts shall be kept for each division as required by
the uniform systems of accounts for electricity, water and other utilities
as promulgated by the Public Utilities Commission of the State or
the Federal Power Commission. Each division shall be operated independently
of the others, except insofar as the Board determines joint operations
to be advisable and economical. Expenses incurred in joint operations
shall be equitable prorated among the divisions by the Board.
[R.O. 2009 § 2.24.030; Prior Code § 2-806(a)]
The City shall have no authority to cease to operate, sell,
lease, abandon or in any other way dispose of any public utility owned
by it without the approval of two-thirds (2/3) of the registered
voters of the City as determined by a general election of a special
election held for that purpose.
[R.O. 2009 § 2.24.040; Prior Code § 2-806(b)]
Contracts and obligations relating to the utility systems of
the City incurred prior to the taking effect of this Article shall
not be impaired and shall be binding upon the Board insofar as they
apply to the Department.
[R.O. 2009 § 2.24.050; Prior Code § 2-802]
There is created the Board of Municipal Utilities of the City,
which shall have exclusive jurisdiction, control and management of
the Department and all its operations and facilities. The Board shall
have all the powers and duties possessed by the City to construct,
acquire, expand and operate utility systems and to do any and all
acts or things that are necessary, convenient or desirable in order
to operate, maintain, enlarge, extend, preserve and promote an orderly,
economic and business-like administration of the utility systems.
The Board shall operate as a separate unit of City Government; and
except as otherwise provided in this Article, both the Board and the
Department shall be free from the jurisdiction, direction and control
of other City Officers and of the City Council. The Board may sue
or be sued on its own name. All damage claims arising from the operations
of the Board and the Department shall be the responsibility of and
be liquidated by the Board from the appropriate funds of the respective
utility systems of the Department.
[R.O. 2009 § 2.24.060; Prior Code § 2-803(a)]
The Board shall consist of four (4) Commissioners, to whom may
be added, in the discretion of the Mayor, either the Mayor or the
City Manager or a representative of the Council as an ex officio member
without vote.
[R.O. 2009 § 2.24.070; Prior Code § 2-803(b); Ord. No. 5092 § 2, 4-1996; Ord. No. 5425 § 2, 10-2001]
The Commissioners shall be appointed by the City Council. The first (1st) Commissioners shall be appointed to serve terms of one (1), two (2), three (3) and four (4) years, respectively, from the first (1st) Monday of October, the term of each to be designated by the Council. Their successors, upon being appointed and qualified, shall be appointed for terms of four (4) years commencing on the first (1st) Monday in October of each year, unless they are removed from office as provided in Section 130.280.
[R.O. 2009 § 2.24.080; Prior Code § 2-803(c)]
Vacancies shall be filled by the Mayor, with the approval of
the Council, for the unexpired term. No vacancy in the Commission
shall impair the right of the remaining Commissioners to exercise
all the powers of the Commission.
[R.O. 2009 § 2.24.090; Prior Code § 2-803(d); Ord. No. 4245 § 1, 1981; Ord. No. 6203, 9-8-2020]
No person shall be a Commissioner unless he/she has been for
at least four (4) years next preceding his/her appointment a resident
elector of the City and unless he/she professes belief in the desirability
of municipal utility ownership and operation. No person who holds
any other public office or who is an employee of the City Government
or who has any business relationship with the department other than
as a consumer shall be a Commissioner. A Commissioner ceasing to possess
any of these qualifications shall be removed from his/her office forthwith
by the Mayor. Not more than two (2) members of the Board of Commissioners
shall belong to the same political party and its administration shall
in all respects be entirely non-partisan. Preference should be given
to candidates with demonstrated experience in large commercial business
enterprises, financial management, prior service on other City boards
and commissions, and extensive history of non-profit service with
community minded organizations.
[R.O. 2009 § 2.24.100; Prior Code § 2-803(e)]
Each Commissioner, as full compensation for his/her services
as a member of the Board, may be paid from the revenues of the Department
the sum of ten dollars ($10.00) for each meeting of the Board actually
attended by him/her; but no Commissioner shall receive in any one
(1) year more than two hundred forty dollars ($240.00) for his/her
attendance. Commissioners may be reimbursed for expenses incurred
in carrying out their duties, other than those which may be incurred
in attending meetings of the Board within the City.
[R.O. 2009 § 2.24.110; Prior Code § 2-803(f)]
The Board by majority vote shall elect from among its members
a Chairman who shall preside over the meetings of the Board and a
Vice Chairman who shall act for the Chairman during his/her absence.
An election of officers of the Board shall be held at the first (1st)
regular meeting at which all members are present following the appointment
of a new Commissioner for a full term, but not later than the fourth
(4th) meeting following the appointment. The Board may adopt rules
for the conduct of its meetings. No action shall be taken by the Board
except by the affirmative vote of at least three (3) Commissioners.
Three (3) Commissioners shall constitute a quorum.
[R.O. 2009 § 2.24.120; Prior Code § 2-804(b)]
The Board shall appoint a Director of Utilities of the Department
to be responsible to the Board and to serve at its pleasure.
[R.O. 2009 § 2.24.130; Prior Code § 2-804(c)]
There shall be such other officers and employees of the Department
as may be provided by the Board. The officers and employees shall
be appointed and removed by the Director of Utilities subject to the
provisions of this Chapter on personnel, unless the Board establishes
a civil service system for the Department, in which case the regulations
of the latter shall govern employment and removal of employees.
[R.O. 2009 § 2.24.140; Prior Code § 2-804(d)]
The Board shall fix the salary of the general manager and shall
have but may delegate to the Director of Utilities the power to fix
the salaries of all other officers and employees of the Department.
[R.O. 2009 § 2.24.150; Prior Code § 2-804(e)]
The Board may require surety bonds for any of the officers and
employees of the Department in such amounts as the Board deems necessary.
The premiums for the bonds shall be paid by the Department in the
same manner as any other operating expense.
[R.O. 2009 § 2.24.160; Prior Code § 2-804(f)]
The Board may contribute to the cost of pension, retirement,
life and accident and health insurance programs for the officers and
employees of the Department.
[R.O. 2009 § 2.24.170; Prior Code § 2-805(a)]
A.
The
Board, in the efficient and economical operation of the Department,
both inside and outside the City limits, may:
1.
Sell its products and services to public and private corporations
and to other consumers;
2.
Construct plans, transmission lines and other facilities;
3.
Purchase real estate and franchises in the name of the City with
the approval of the Council; and
4.
Enter into all contracts, leases and agreements in furtherance hereof.
[R.O. 2009 § 2.24.180; Prior Code § 2-805(b)]
The Board may adopt regulations governing extensions of services
of the Department both inside and outside the City limits. The regulations
shall provide the conditions under which the extensions shall be made
to render them compensatory and shall provide that each extension
project shall, when completed, become the property of the City whether
on public or private property. The Board may provide for the form
of refunds where advances by the persons benefited are necessary to
make extensions compensatory.
[R.O. 2009 § 2.24.190; Prior Code § 2-805(c)]
A.
The
Board may contract with any public or private corporation or any individual,
both inside and outside the City limits:
1.
For the joint use of poles and other property belonging either to
the Department or to the other contracting party or jointly to both
parties; and
2.
With the approval of the Council, for the joint acquisition of real
property and franchises and the joint financing, construction and
operation of plants, transmission lines and other facilities, whereby
any property acquired may become the property of both the City and
the other contracting party.
[R.O. 2009 § 2.24.200; Prior Code § 2-805(d)]
The Board may enter upon any land or water for the purpose of
making surveys and may exercise the right of eminent domain on behalf
of the City whenever public necessity or convenience requires.
[R.O. 2009 § 2.24.210; Prior Code § 2-805(e)]
The Board may use the ground over, under or along any road,
railroad, highway, street, sidewalk, thoroughfare, alley or waterway
in the operations of the Department, but shall in all cases, and subject
to the applicable general regulations of the City, cause the surface
of the public way to be restored to its usual condition.
[R.O. 2009 § 2.24.220; Prior Code § 2-805(f)]
The Board shall fix rates, as approved by the City Council,
to be charged for electricity, water and other utilities sold and
services rendered by the Department. Rates shall be fair, reasonable
and compensatory and shall be uniform for all consumers within the
same class; but different rate schedules may be applied to different
classes of consumers as determined by the Board. Rates within the
City limits may be less than but shall be no greater than for the
same class of consumers outside the City limits. Rates shall be sufficient
to pay all operating and maintenance expenses of each respective utility
operation and, except for the first two (2) years of operation, all
bond interest and redemption costs of the respective utility operations.
The Board may require reasonable deposits as security for the payment
of charges for utility services and may provide for the return of
the deposits when satisfactory consumer credit has been established.
[R.O. 2009 § 2.24.230; Prior Code § 2-805(g)]
No money shall be drawn from the funds of the Department, nor
shall any obligation for the expenditure of money be incurred, except
as authorized by the Board. No claim against the Department shall
be paid unless evidenced by a voucher approved by the general manager
or by some other employee to be designated by him/her.
[R.O. 2009 § 2.24.240; Prior Code § 2-805(h)]
Subject to applicable State laws, the Board may authorize the
issuance and sale of revenue bonds necessary to finance the acquisition,
construction, improvement and extension of the City utilities and
operations of the Department.
[R.O. 2009 § 2.24.250; Prior Code § 2-805(i)]
The Board may borrow money for periods not to exceed ten (10)
years and may issue negotiable notes, payable from the revenues of
the Department or a division thereof, as evidence of the loans. The
action of the Board may be by resolutions which may be adopted at
the same meetings at which introduced and shall take effect immediately
upon adoption.
[R.O. 2009 § 2.24.260; Prior Code § 2-805(j)]
The Board may authorize reasonable expenditures to advertise
and otherwise promote the use of the services of the Department and
to acquaint the public with the operations, programs and planned expansion
of the Department.
[R.O. 2009 § 2.24.270; Prior Code § 2-805(k)]
The Board may invest surplus funds of the Department only in
Federal securities and in securities which are legal for investment
by savings banks and sinking funds in this State.
[R.O. 2009 § 2.24.280; Prior Code § 2-805(1)(part)]
A.
The
Board, in addition to the reports and accounting it may otherwise
be required by law to make, shall, not later than the first (1st)
day of August in each year, furnish the Council through the Mayor
its annual report which shall include the following statements as
of the end of the preceding fiscal year:
1.
A balance sheet showing the financial condition of the Department
and each separate division prepared according to generally accepted
public utility accounting principles;
2.
A statement of operations for each division of the department; and
3.
Any additional supporting statements or schedules deemed necessary
and desirable by the Council to make a clear and informative presentation
of the financial position of the Department.
[R.O. 2009 § 2.24.290; Prior Code § 2-805(1)(part)]
The reports shall be kept on file in the City Clerk's office
and shall be open to public inspection. The funds and accounts of
the Department shall be audited annually by a certified public accountant.
The Board shall also annually prepare a budget forecast for the ensuing
year and furnish a copy to the Mayor and the Council for information
only; but if the budget requires payments from the general fund of
the City, it shall be submitted to the Mayor and the Council in a
manner prescribed by this Article for the use of such funds.
[R.O. 2009 § 2.24.300; Prior Code § 2-805(m)]
The Board may delegate in writing any of its powers to officers
or employees responsible to it.
