[1]
Editor's Note: This ordinance repealed former
Art. XII, Board of Public Welfare.
There is hereby created and established a Water-Wastewater
Commission.
The Water-Wastewater Commission shall consist
of seven members, one of whom shall be the Commissioner of Public
Works then in office. All members, except for the Commissioner of
Public Works, shall be appointed by the Mayor and subject to the confirmation
of the City Council. The Mayor shall initially appoint two members
for the term of two years, two members for the term of three years
and two members for the term of four years. Thereafter each member
shall be appointed for a term of four years. Members shall have relevant
technical, legal or business knowledge that they might apply to the
operation and conduct of the water and wastewater utilities in the
City of Fitchburg. The Commission shall implement, on a consistent
basis, sound technical, legal and business practices in the Water
and Wastewater Divisions.
Whenever a vacancy shall occur in said Water-Wastewater
Commission, it shall be filled in the same manner as provided for
the regular appointment of members, except that the member so appointed
shall be appointed to serve for the unexpired term only.
All members of the Water-Wastewater Commission
shall serve without compensation.
The Water-Wastewater Commission shall meet as
frequently and at such times and places in the City of Fitchburg as
it may deem necessary for the proper exercise of its powers and discharge
of its duties.
[Amended 6-3-2014 by Ord. No. 100-2014]
The Water-Wastewater Commission shall elect
one of its members, other than the Commissioner of Public Works, to
be Chair and one of its members to be Secretary and one member to
be Vice Chair.
A majority of the members of the Water-Wastewater
Commission shall constitute a quorum, and a quorum shall be necessary
for the transaction of any acts by the Water-Wastewater Commission.
The Water-Wastewater Commission shall keep a
detailed record of all its acts and proceedings.
A.
The Commission
shall have the responsibility to study, investigate and recommend
to the Mayor and City Council major capital improvements that may
be necessary to the City’s water and wastewater infrastructure,
including, but not limited to, treatment facilities, water distribution
systems and wastewater collection systems. It shall oversee and facilitate
the construction of such improvements and additions and shall inform
the Mayor and City Council of requirements imposed upon the City’s
water and wastewater systems by the United States or the Commonwealth
of Massachusetts or any agency or instrumentality thereof.
B.
The Commission
shall negotiate and execute all agreements and contracts with users
of the water and wastewater facilities and for the sale of the goods
and services or products that may be supplied by these departments.
Such contracts may include but are not limited to: intermunicipal
agreements, sale of water or wastewater products and services to commercial
and industrial users outside the City of Fitchburg, timber sales,
purchase or sale of watershed land. These contracts shall be submitted
to the Mayor for approval and execution.
The Water-Wastewater Commission:
A.
Shall promulgate reasonable rules and regulations
for the use of the services of the water and wastewater systems and
for the efficient management of the Commission and the water and wastewater
systems that may be necessary to protect the City’s water and
wastewater infrastructure, including, but not limited to, treatment
facilities, water distribution systems and wastewater collection systems.
Such rules and regulations shall include any rules and regulations
as may be required by the United States, the Commonwealth of Massachusetts
or any agency or instrumentality thereof.
B.
Shall have supervision and management of the water
division and water systems and wastewater treatment facilities.
C.
Shall, upon request of the Water and Wastewater Departments, make
a determination as to any proposed change in the water and wastewater
treatment rates, provided further that in the event the Commission
approves any changes to the existing rates, the request shall, by
petition, be presented to the City Council which shall have final
authority to approve or disapprove same. The Commission or a representative(s)
of the Commission, together with support from the Deputy Commissioners,
must be present to provide justification for the change.
[Amended 9-4-2012 by Ord. No. 176-2012]
D.
Shall have the Treasurer and Auditor set up an account
for the Water-Wastewater Commission to which it shall deposit all
payments received by it on the dates as received, against which receipts
it shall present statements for payment incurred in the operation
of the water and wastewater treatment facilities. The Commission shall
insure that the City of Fitchburg set up and maintain accounts and
accounting practices that are in full compliance with MGL c. 44, § 53
1/2, and the accounting practices required or recommended by the Massachusetts
Department of Revenue for enterprise funds.
E.
Shall have the power and right to discontinue the
treatment and delivery of water and receiving and treatment of wastewater
from any user who does not make payment of the rates as set within
30 days from the receipt of a statement for such charges.
F.
Shall employ such engineering, clerical or other employees
as it may require for the proper discharge of its powers and duties
and shall fix their compensation.
G.
Shall submit an annual written report to the City
Council, with a copy to the Mayor, and more frequently if so requested
by either the Mayor or City Council.
H.
Shall review
and recommend an annual budget to the Mayor and shall review revenue
and expenditures of each department on a routine basis.
I.
Shall review
and make recommendations to the Mayor regarding staffing and levels
of compensation to promote efficient and exceptional operation of
the water and wastewater departments.
J.
Shall have and may exercise all of the authority, powers and privileges set forth in Chapters 147 and 177 of the Code of the City of Fitchburg or any other applicable chapter or section of the Code or the statutes or regulations of the Commonwealth of Massachusetts applicable to water, water service or sewer or wastewater.
K.
Shall assist
in the development and implementation of policies and activities that
promote the sound marketing and sales of water and wastewater products
and services.
The Commission shall not make any expenditures
for capital improvements without the prior approval of the Mayor and
City Council.
