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Village of Michiana, MI
Berrien County
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[HISTORY: Adopted by the Village Council of the Village of Michiana 8-27-1966 by Ord. No. 14; amended in its entirety 6-11-2007 by Ord. No. 2007-02 (Section 40.000 of the 2001 Code). Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Water use and regulations — See Ch. 349.
There is created a commission to administer the operation of the Water Department for the Village of Michiana, Michigan, to be known as the "Water Authority of the Village of Michiana, Michigan."
A. 
All appointees to the Water Authority shall be appointed as full Commissioners upon nomination by the Village President, subject to confirmation by the Village Council. Said Commissioners shall be appointed for two-year terms commencing with the date of confirmation by the Village Council.
B. 
There shall be three Water Commissioners comprising the Water Authority, including the department head for the Village Department of Public Works, the Village President and a person nominated by the Village President and confirmed by a majority vote of the Council. There shall be no deputy water commissioners.
[Amended 9-20-2013 by Ord. No. 2013-02]
C. 
The Village President and head of the Village Public Works Department shall serve on the Water Authority as long as they hold those positions in the Village. The other Water Commissioner shall serve a two-year term. During the two-year term of said Water Commissioner, the Village Council may remove such member of the Authority from office for good cause shown, after a full and proper hearing before the Village Council, by a two-thirds' vote of the Village Council present at such meeting. An appeal may be taken by submitting a letter of appeal to the Village Council, by certified mail, at least 10 business days before the next regular meeting of the Village Council, to enable the Village Council members to familiarize themselves with the basis for the appeal prior to such meeting.
[Amended 9-20-2013 by Ord. No. 2013-02]
D. 
The three Water Authority Commissioners shall elect their own Chairperson for a period of one year from the date of election as Chairperson. All Commissioners shall be voting Commissioners on all matters to come before the Water Authority.
E. 
The Water Authority shall meet monthly on a day to be selected by the Water Authority Commissioners.
The said Water Authority shall formulate policies and have full power and authority to promulgate rules and regulations for the operation and control of said Water Department, the use of water by the property owners; to fix rates for the use of water, subject to the control and approval of the proper authorities of the State; and shall have all other powers and duties incidental to the proper operation and control of said water system of said Village. Such rules and regulations, however, must be approved by the Village Council.
The Village Council shall have full power to engage the personnel necessary to operate and maintain the Water Department and to enforce, where same is deemed judicious, its rules and regulations.
The Water Authority shall render full and comprehensive reports on a monthly basis, in writing, to the Village Council. The Water Authority shall render a full and comprehensive annual report, in writing, to the Village Council no later than the second Monday in September of each year. This annual report shall set forth the financial status of the Water Authority and Water Department, and all problems pertaining thereto.[1]
[1]
Editor's Note: Original Section 5, regarding a liaison between the Village Council and the Water Authority, which immediately followed this section, was repealed 9-20-2013 by Ord. No. 2013-02.
All monies belonging to the Water Authority shall be deposited to its credit in such bank or depository selected by the Village Council and established in the name of the "Water Authority of the Village of Michiana, Michigan," and all checks issued to withdraw funds from such account shall be signed in the same manner and by the same personnel that are authorized to withdraw funds from the general fund of the Village.
All persons authorized to sign checks in behalf of the Water Authority shall furnish bond with surety approved by the Village Council.
The Village Council shall enforce all rules and regulations promulgated by the Water Authority which have previously been approved by it, and any person who shall violate such rules and regulations shall be subject to such fine and penalties as are therein set forth.