[Ord. No. 629 §1]
There is hereby established within the City of Palmyra, Missouri,
an executive department to be known as the "Board of Public Works,"
to consist of four (4) persons, electors, of said City who have resided
therein for a period of at least two (2) years next before their appointment.
The members of said Board shall be appointed by the Mayor of said
City of Palmyra, upon a non-partisan basis, subject to confirmation
by the Council of said City, the term of one (1) member of the Board
expiring each year, and shall hold office for a term of four (4) years
each, or until their successors are appointed and qualified: provided,
that the members of said Board shall hold office for a term of four
(4) years each, except the first incumbents, as members of said Board
of Public Works, who shall be appointed and hold office for a term
of one (1), two (2), three (3), and four (4) years respectively. The
Mayor in making appointments to the Board, and the Council in acting
upon such appointments shall consider training, business experience,
and ability of prospective Board members to effectively and efficiently
discharge the duties of their office. Members of such Board shall
be eligible for reappointment, and at the expiration of the term of
each member of the Board, the Mayor shall appoint his successor for
a term of four (4) years.
[Ord. No. 629 §2]
In the case of removal from office, by death or otherwise, a
vacancy exists in such Public Works, such vacancy shall be filled
in the same manner as original appointments to such Board are made,
but the vacancy shall be filled only for the unexpired term of such
vacating member.
[Ord. No. 629 §3]
Not more than two (2) members of said Board shall belong to
the same political party, and its administration shall in all respects
be entirely non-partisan. Each member of said Board shall receive
the same salary per meeting as members of the City Council, payable
in quarterly installments, and in addition thereto all expenses incurred
by the members of the Board, and each of them, in the discharge of
their official duties, with prior approval of the Board, shall be
paid by the City of Palmyra, Missouri, from the Revenue of the Public
Works.
[Ord. No. 629 §4]
The members of said Board of Public Works shall subscribe to
the oath of office required of other officers of the City of Palmyra,
and shall each execute, and deliver a bond in the sum of $1,000.00
in conformity with the terms and conditions of all official bonds
required by the City of its officers, which bond shall be paid for
by the City of Palmyra.
[Ord. No. 629 §5]
Said Board of Public Works shall have the power, and it shall
be its duty to take charge of and exercise control over the electric
light and waterworks plants, and the sewer collection, and disposal
system of the City of Palmyra, and shall assess light, power, water,
and sewer use rates, and enter into contracts with consumers for light,
power, water, and sewer use rates, and collect the revenue therefrom,
and shall enforce performance of all contracts,and work and have the
charge and custody of all books, property, and assets belonging or
appertaining to such electric light and waterworks plants, and sanitary
sewer collection, and disposal system.
[Ord. No. 629 §6]
The Board of Public Works shall have under its special charge
the electric light and waterworks plants, and the sanitary sewer collection,
and disposal system of the City of Palmyra, and all appurtenances
thereunto belonging, in accordance with the ordinances of said City,
now existing or hereafter to be passed, and approved by the City Council.
[Ord. No. 629 §7; Ord. No. 1275-23-10, 7-20-2023]
The Board of Public Works shall meet at least twice each month
in the City Council Chambers at Palmyra City Hall, unless the Chambers
have been rendered untenantable. Three (3) members of the Board shall
constitute a quorum. If at any time the entire Board shall be equally
divided in opinion upon any question before it, the Mayor shall be
called to sit with the Board and shall cast the deciding vote.
[Ord. No. 629 §8; Ord. No.
1056-03-2 §1, 7-17-2003]
There shall be a President and Vice President and Secretary
elected annually by the Board of Public Works at the first (1st) meeting
of the Board of Public Works following the annual appointment by the
Mayor of a member to the Board of Public Works. The Assistant Secretary
to be the City Clerk appointed by the City Council to act as Assistant
Secretary to the Board of Public Works. Said officers, with the exception
of the Assistant Secretary shall be selected from the members of the
Board of Public Works. The Assistant Secretary shall have control
and custody of the books and records of the Electric Light & Water
Works Plants, and the Sanitary Sewer Disposal and Collection System,
and shall be the general accounting officer of said plants and system.
The Board of Public Works shall allow such Assistant Secretary a salary
for such services. The Assistant Secretary shall turn over all monies
collected by him to the City Treasurer, according to the rules and
regulations of the Board of Public Works, and the laws of the State
of Missouri.
[Ord. No. 629 §9; Ord. No. 1275-23-10, 7-20-2023]
The Board shall appoint a Superintendent and such other officers,
agents and employees as it shall deem necessary to perform its functions
efficiently and shall fix the rates of their compensation, which shall
include benefits and perquisites. The Council shall be given sixty
(60) days prior notice of any change in the rates of compensation
of the Superintendent and/or a substantial number of the employees
of the Board of Public Works. No gifts or gratuities shall be given
or granted to any of its employees by or on behalf of the Board of
Public Works. Said Board shall have the right to remove said Superintendent
and subordinates by an affirmative vote to do so by three-fourths
(3/4) of said Board.
[Ord. No. 629 §10]
All bills of the Board, salaries, and other disbursements shall
be allowed and paid in the same manner as provided by the Charter
and Ordinances of the City of Palmyra, Missouri, and the laws of the
State of Missouri, for the payment of other bills, salaries, and disbursements
of the City.
[Ord. No. 629 §12; Ord. No. 1013-97-08 §1, 7-10-1997; Ord. No. 1275-23-10, 7-20-2023]
The Board of Public Works shall make all necessary rules and
regulations for the Government of the Department, not inconsistent
with the general laws of this State, the Charter of the City of Palmyra,
the ordinances of the City of Palmyra, the policies of the City of
Palmyra, and the provisions of the City of Palmyra Employee Handbook.
[Ord. No. 629 §13; Ord. No.
1013-97-08 §1, 7-10-1997]
It shall be the duty of the Board of Public Works to keep books
of accounts, showing with entire accuracy contemporaneous current
entries of the receipts and expenditures of the Board in such manner
as to enable the same to be understood and investigated, and also
to preserve on file in its office, duplicate vouchers for all of its
expenditures, which books and duplicates shall at all times be open
to the examination of the Finance Committee of the City Council, or
any other committee appointed by the City Council, and said Board
shall, through its Assistant Secretary, make monthly, quarterly, and
annual reports of its business and transactions to the Mayor and City
Council of said City, and shall cause said annual report to be published
in some newspaper published in the City of Palmyra, Missouri.
[Ord. No. 629 §14; Ord. No.
1013-97-08 §1, 7-10-1997]
All contracts and official acts of the Board of Public Works
shall be signed by the President or by two (2) members of said Board,
and attested under the hand of the Secretary.
[Ord. No. 766 §1; Ord. No.
1013-97-08 §1, 7-10-1997]
The Board of Public Works shall purchase all supplies, and materials
used by the City of Palmyra, Missouri, in the operation of the Electric
Light & Water Works Plants and the Sanitary Sewer Collection and
Disposal System of said City. The Board shall not have the power to
make a contract involving the expenditure of more than ten thousand
dollars ($10,000.00) without the approval of the City Council.
[Ord. No. 629 §16; Ord. No. 1013-97-08 §1, 7-10-1997; Ord. No. 1275-23-10, 7-20-2023]
A. The
Board of Public Works shall have the power, and it shall be its duty
to fix rates for light, power, water, and sewer use in conformity
with the laws of the State of Missouri, and the ordinances of the
City, and to contract with individuals for the same; provided that
no contract shall be entered into for a longer period than one (1)
year, unless the same be approved by the City Council.
B. Rates
shall not be raised unless the Board of Public Works has conducted
a study analyzing expenditures and income which study shows that the
change in rates is necessary for the Board to cover all expenditures
and a reserve of no more than ten percent (10%) of the total annual
expenditures of the Board of Public Works.
C. Prior
to adjusting rates, the Board of Public Works shall hold a public
hearing at least sixty (60) days prior to the date such hearing shall
go into effect. Notice of the public hearing shall be provided to
the Council, shall be posted and shall be published at least ten (10)
days prior to the hearing.
[Ord. No. 629 §17; Ord. No. 1013-97-08 §1, 7-10-1997; Ord. No. 1275-23-10, 7-20-2023]
Members of the Board of Public Works may be removed from office,
by resolution of the Council adopted by the vote of four (4) members
of the Council, or by resolution adopted by three (3) members of the
Council with the Mayor concurring. Any proposition for the abolition
of the Board of Public Works or the transfer of its functions may
be submitted to the electors either by ordinance duly adopted by the
City Council as herein provided, or by a petition signed by five hundred
(500) qualified electors.
[Ord. No. 629 §18; Ord. No.
1013-97-08 §1, 7-10-1997]
Before the City shall sell or dispose of, in any way, or abandon
or cease to operate any electric light plant, waterworks plant or
any other public utility owned and operated by the City, the Council
shall first submit the proposition for such sale or disposition or
abandonment or ceasing to operate, by ordinance, to the qualified
voters of the City, either at a general or a special election held
for that purpose; and it shall require the assent of four-sevenths
(4/7) of the qualified voters who vote on such proposition at said
election before any authority shall exist for such sale, disposition,
abandonment, or ceasing to operate said utility.
[Ord. No. 1264-22-17, 11-17-2022]
A. Individually
identifiable customer usage and billing records for customers of the
Board of Public Works are closed records and shall not be released,
unless:
1. The records are requested by the customer or authorized for release
by the customer; or
2. The records are records for a commercial service account, in which
case the Board of Public Works shall make available to the public
only the customer's name, billing address, location of service, and
dates of service provided.
[Ord. No. 1269-23-04, 3-16-2023]
A. The
Palmyra Board of Public Works Municipal Pole Attachment Agreement
is hereby adopted as the official license agreement of the City of
Palmyra regarding attachments to power poles of the Palmyra Board
of Public Works.
B. That
no third-party utility or other party shall be allowed to attach to
the power poles of the City of Palmyra, unless they have entered into
an individual license agreement as provided with the said official
license agreement.
C. That
the provisions of said agreement are hereby further adopted as binding
upon any third party attaching to the power poles of the City of Palmyra,
and all provisions therein regarding required moving, removal, modification
of attachments or any other provision therein shall be binding upon
any such said third party.
[Ord. No. 1275-23-10, 7-20-2023]
In lieu of a franchise agreement fee or payment, the Board of
Public Works shall pay a surcharge of three percent (3%) on all charges
for water, electric power, electric lights, sewer services, and other
municipal services that the Board may have under its supervision,
control and operation. The Board of Public Works shall transfer such
sums to the general revenue funds of the City.