[CC 1985 § 30-1; Ord. No. 5909 § 1, 9-6-1983]
The Marshall Municipal Utilities General Rules and Regulations
applying to utility service documents, and all amendments made thereto,
which documents are incorporated herein by reference as if fully set
forth, is hereby adopted by the City.
[CC 1985 § 30-21]
There is hereby established within the City an executive department
to be known as the Board of Public Works, to consist of four (4) persons,
electors of the City, who have resided therein for a period of two
(2) years next before their appointment.
[CC 1985 § 30-22]
The members of the Board of Public Works shall be appointed
by the Mayor and confirmed by a majority of the members elected to
the City Council and shall hold office for a term of four (4) years
each or until their successors are appointed and qualified.
[CC 1985 § 30-23]
The term of office of one (1) member of the Board of Public
Works shall expire each year, and one (1) member of the Board shall
be appointed each year.
[CC 1985 § 30-24; Ord. No. 7447 § 1, 3-17-2003]
Each member of the Board of Public Works shall receive such
annual salary, payable in equal monthly installments, as may be fixed
by ordinance or resolution of the City Council.
[CC 1985 § 30-25]
The members of the Board of Public Works shall be paid such
reasonable compensation for their expenses in travel which is incidental
to their offices as may be approved by ordinance or resolution of
the City Council.
[CC 1985 § 30-26]
In case of removal by death or otherwise a vacancy exists in
the Board of Public Works, such vacancy shall be filled in the same
manner as original appointments are made, but the vacancy shall be
filled only for the unexpired term of such vacating member.
[CC 1985 § 30-27]
Any member of the Board of Public Works may for good cause shown
be removed in the manner provided for the removal of other officers.
[CC 1985 § 30-28]
No person shall be appointed as a member of the Board of Public
Works who holds any public office and any member of the Board who
shall accept a nomination for or appointment to any other office during
his/her official term shall be deemed thereby to have resigned as
a member of the Board and his/her
position shall thereby be vacated.
[CC 1985 § 30-29]
Not more than two (2) members of the Board of Public Works shall
belong to the same political party, and its administration shall in
all respects be entirely nonpartisan.
[CC 1985 § 30-30; Ord. No. 7447 § 1, 3-17-2003]
The Board of Public Works shall annually elect from its members
a President and a Vice President, who shall hold their offices for
a term of one (1) year.
[CC 1985 § 30-31; Ord. No. 7447 § 1, 3-17-2003]
A.
Appointment — Term. The Board of Public Works shall
appoint a Secretary, who shall serve for such time as the Board shall
determine.
B.
Bond Required. The Secretary shall either be covered by
an insurance policy covering loss of monies and securities or shall
give a bond to the City in such sum as the Board shall deem necessary
for the faithful performance of his/her duties as Secretary and the
turning over and accounting for all monies collected by him/her according
to the rules and regulations of the Board. The insurance policy or
bond shall be approved by the Board.
[CC 1985 § 30-32; Ord. No. 7447 § 1, 3-17-2003]
A.
Records Of Proceedings. The Secretary of the Board of Public
Works shall keep a record of all proceedings of the Board.
B.
Custodian Of Books. The Secretary shall have the control
and custody of the books and accounts of the waterworks, sanitary
sewer, electric light and power plant and such other public utilities
as the Board may have under its charge and control.
C.
General Accounting Officer. The Secretary shall be the general accounting officer of the Board of Public Works and of the public utilities designated in Subsection (B).
D.
Collection, Accounting Of Revenues. The Secretary shall
collect and account for all the revenue and fines due the waterworks,
sanitary sewer, electric light and power plant and such other public
utilities under such rules and regulations as may be prescribed by
the Board of Public Works and the City Council.
[CC 1985 § 30-33; Ord. No. 7447 § 1, 3-17-2003]
The Board of Public Works shall meet at least once a month at
its office and three (3) members of said Board shall constitute a
quorum.
[CC 1985 § 30-34; Ord. No. 6913 § 1, 10-2-1995; Ord. No. 7447 § 1, 3-17-2003; Ord. No. 7726 §§ 1,
2, 1-16-2007]
A.
Control Over Utilities. The Board of Public Works shall
have the power and it shall be its duty to take charge of and exercise
control over any water works, sanitary sewer, gas works, telecommunications
plant and equipment (including, but not limited to, traditional telephone
and cable television plant and equipment) capable of providing voice,
and/or video, and/or data, electric light and power plant, steam heating
or any other device or plant for furnishing light, power or heat,
or telecommunications messages of any type including voice, video,
and/or data; or any other public utility whatever, which may be now
owned by or hereafter established, by purchase or otherwise, and all
appurtenances thereto belonging.
B.
Enforce Contracts, Custodian Of Books, Assets. Said Board
shall enforce the performance of all contracts and work and have charge
and custody of all books, property and assets belonging or appertaining
to such plant or plants.
C.
Assessments, Collection Of Charges. Said Board shall have
the power and it shall be its duty to assess rates for customers of
water, sanitary sewer, gas, light, power or other service, under its
control, and to contract with consumers for the same, and collect
the revenues therefrom.
D.
Rules; Regulations.
1.
The Board shall have the power to make all necessary
rules and regulations with reference thereto or with reference to
the government of the department, not inconsistent with the general
laws of this State and ordinances of the City.
2.
The rules, regulations, terms, conditions, and
policies adopted by the Board of Public Works may be amended, repealed
or modified as may be determined advisable from time to time by the
Board of Public Works, so long as such change is consistent with the
ordinances of the City of Marshall and the Statutes of the State of
Missouri. Notice of such change shall be provided to the City Administrator
within ten (10) days after such action of the Board of Public Works.
Any change to the rules, regulations, terms, conditions, and policies
shall become final sixty (60) days after approval by the Board of
Public Works unless the Mayor, acting alone, or the City Council,
upon motion duly passed, vetoes any such rule, regulation, term condition
or policy within said sixty-day term.
[CC 1985 § 30-35; Ord. No. 7447 § 1, 3-17-2003; Ord. No. 8379 § 2, 9-27-2017]
The doing of all work and the furnishing of all supplies for
the waterworks, sanitary sewer, electric light plant, and any other
plant or works which the Board of Public Works may have under its
supervision or control by virtue of this Chapter, shall be let out
by the Board of Public Works in accordance with the Board's purchasing
policies and procedures, subject to any additional requirements, restrictions,
or limitations prescribed by the City Administrator. All contracts
shall be submitted to the City Council for approval; provided that
such approval may be by the Council's adoption of the Board of
Public Works' minutes which initially approved any contract.
[CC 1985 § 30-36; Ord. No. 7447 § 1, 3-17-2003]
A.
Appointment. The Board of Public Works shall have the power
to appoint a General Manager and such subordinates, including engineers,
inspectors, clerks, assistants and other persons as may be necessary.
B.
Number, Compensation. The number of such additional appointees
and the compensation of all employees and appointees of the Board
shall be established by said Board.
C.
Removal. The Board shall have the right to remove any of
its employees or appointees by a three-fourths (3/4) vote of its members.
[CC 1985 § 30-37; Ord. No. 7251 § 1, 3-6-2000]
The Board of Public Works may fix the compensation of new employees,
may change the classification of any present or future employee after
satisfactory showing of ability commensurate with the requirements
for the new position classification, fix the compensation of such
employee under his/her new classification and may change the compensation
of any of its employees. Any such action to fix the compensation or
increase the compensation of any employee shall be reported to the
City Council within thirty (30) days after such compensation of any
employee is fixed or changed.
[CC 1985 § 30-38; Ord. No. 7447 § 1, 3-17-2003]
All bills and salaries of the Board of Public Works and all
salaries of its employees shall be certified to the City Council,
a complete record of which shall be kept by the Board. Such bills
and salaries shall be paid by the City Council in the same manner
that bills and salaries of other officers and employees of the City
are paid.[1]
[1]
Editor's Note: Original § 30-39, pertaining to overtime
pay for Board personnel, which immediately followed this Section,
was repealed 3-17-2003 by Ord. No. 7447.
[CC 1985 § 30-40; Ord. No. 7447 § 1, 3-17-2003]
It shall be the duty of the Board of Public Works to keep books
of accounts, showing with complete accuracy and in detail 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 vouchers for all expenditures,
which books and vouchers shall at all times be open to the examination
of the Finance Committee or any other committee appointed by the City
Council.
[CC 1985 § 30-41]
When directed by the City Council, the Board of Public Works
shall make reports of its business and transactions to the Mayor and
City Council, showing in detail all the receipts and expenditures,
as well as all suggestions, and recommendations to the Council with
reference to the management of the same.
[CC 1985 § 30-42; Ord. No. 7447 § 1, 3-17-2003]
The Board of Public Works shall file with the City Council,
on or before the first of April each year, a complete annual report
showing in detail receipts and expenditures of said Board during the
last fiscal year, and its financial condition.
[CC 1985 § 30-43; Ord. No. 7447 § 1, 3-17-2003]
All contracts and official acts of the Board of Public Works
shall be signed by the president, or by the General Manager and attested
under the hand of the Secretary or as otherwise directed by the Board.
[CC 1985 § 30-44; Ord. No. 6274 § 1, 8-17-1988; Ord. No. 7447 § 1, 3-17-2003; Ord. No. 8379 § 3, 9-27-2017]
It is hereby ordained that the Board of Public Works shall pay
into the General Fund of the City of Marshall, Missouri, ten percent
(10%) of the gross electric operating revenues or the sum of nine
hundred seventy-three thousand four hundred ninety-four dollars ($973,494.00),
whichever is greater, and a sum equal to five percent (5%) of the
gross water operating revenues. Said payments to be due and payable
quarterly covering electric and water services furnished to retail
and resale customers by the Municipal Utilities. Each department of
the Board of Public Works shall, effective October 1, 2017, furnish
service to the City of Marshall and its various departments at no
cost to said City or its departments.
[Ord. No. 8379 § 1, 9-27-2017]
A.
A complete schedule of all rates charged by the Board of
Public Works for water, electricity, sewer, or the product or service
of any other plant or works of the City shall be furnished by the
Board of Public Works to the City Clerk and shall be kept in the office
of the City Clerk for public inspection.
B.
The annual budget, and any amendments thereto, of the Board
of Public Works shall be submitted to the City Council for approval.
No appropriation shall be made from said annual budget, or an amendment
to said annual budget, until the same has been approved by the City
Council.
C.
No change in the rate charged for water, electricity, sewer,
or the product or service of any other plant or works of the City
shall take effect until approved by the City Council.
D.
The collection of rates for water, electricity, sewer,
or the product or service of any other plant or work of the City shall
be under the control and supervision of the Board of Public Works,
subject to the ordinances of the City Council.
