The City shall possess all powers granted to cities by state
law to construct, condemn, purchase, acquire, add to, maintain, and
operate, either within or outside its corporate limits, including,
but not by way of limitation, public utilities for supplying water,
light, heat, power, gas, transportation, sewage and refuse collections,
treatment and disposal services, or any of them, to the municipality
and the inhabitants thereof; and also to sell and deliver any of the
utility services above mentioned outside its corporate limits, to
the extent permitted by state law. Notwithstanding the foregoing,
after January 1, 2021 the City shall not provide retail potable water
service to new service areas outside its corporate limits. Each City-owned
utility shall be financially self-sufficient, and shall fully compensate
the City general fund for all goods, services, real property and rights
to use or operate on or in City-owned real property.
(Amended by General Municipal Election on November 7, 2000; amended by General Municipal
Election on November 2, 2010; Amended by General Municipal Election on November 3, 2020)
The Council shall have the power to classify and to fix and,
from time to time to revise such rates and charges as it may deem
advisable for supplying the inhabitants of the City and others with
such utility services as the City may provide. For nonresidential
electric utility customers, the council may, by ordinance, fix such
rates and charges upon such terms and conditions as the council deems
advisable. The council shall, by ordinance, provide for the collection
of all public utility charges made by the City, and the attendant
exercise, on behalf of the city, of all actions or remedies permitted
by law.
(Amended by General Municipal Election on November 7, 2000; amended by General Municipal
Election on November 2, 2010; Amended by General Municipal Election on November 3, 2020)
The City shall not sell, exchange, lease, or in any way alienate
or dispose of the property, easements, or other equipment, privileges,
or assets which are essential parts of any utility which it may acquire,
unless and except the proposition for such purpose shall first have
been submitted and approved by a majority vote of the electors voting
thereon at a general or special municipal election. All contracts,
negotiations, licenses, grants, leases, or other forms of transfer
in violation of this provision shall be void and of no effect as against
the City. The provisions of this section shall not, however, be interpreted
to preclude the sale, exchange, or other disposal to the advantage
of the City, of parts of a utility's property and assets which are
not essential to continued effective utility service and the disposal
of which will not prejudice municipal interests. The provisions of
this section shall also not be interpreted to preclude the sale, exchange,
or other disposal to the advantage of the City, of parts of a utility's
property and assets which sale, exchange or transfer is made pursuant
to a plan of finance approved by the City council for the purpose
of acquiring, constructing, extending, replacing or maintaining municipally
owned utilities and does not adversely affect the continued effective
utility service or prejudice municipal interests.
(Amended by General Municipal Election on November 7, 2000; Amended by General Municipal
Election on November 2, 2010)
