[R.O. 1988 § 35-148; Ord. No. 2886 § 3, 12-7-1992; Ord. No. 3699 § 1, 9-19-2005; Ord. No. 3941 § 1, 11-2-2009]
There is hereby established, within the City, an executive department to be known as the Board of Public Works providing local oversight of Rolla Municipal Utilities (RMU).
[R.O. 1988 § 35-149; Ord. No. 630 § 1; Ord. No. 2886 § 3, 12-7-1992; Ord. No. 3699 § 1, 9-19-2005; Ord. No. 3941 § 1, 11-2-2009]
(a) 
The Board of Public Works shall consist of four (4) persons, who shall be appointed by the Mayor and confirmed by the City Council as other appointive officers of the City are appointed and confirmed.
(b) 
Each member of the Board so appointed under this Article shall receive a salary for their services commensurate with the compensation provided members of the City Council as established by ordinance
[R.O. 1988 § 35-150; Ord. No. 2124 § 1, 12-11-1978; Ord. No. 2221 § 1, 9-8-1980; Ord. No. 2886 § 3, 12-7-1992; Ord. No. 3699 § 1, 9-19-2005; Ord. No. 3941 § 1, 11-2-2009]
(a) 
The members of the Board of Public Works shall hold office for a term of four (4) years or until their successors are appointed and qualified.
(b) 
Vacancies in the Board of Public Works, occasioned by removals, resignations or otherwise, shall be reported to the Mayor and be filled in like manner as original appointments, except that if the vacancy is an unexpired term, the appointment shall be made for only the unexpired portion of that term. Consistent with Section 77.340, RSMo., the Mayor may, with the consent of a majority of all the members elected to the Council, remove from office any appointive officer of the Board of Public Works at will; and any such appointive officer may be so removed by a two-thirds (2/3) vote of all the members elected to the Council, independently of the Mayor's approval or recommendation.
[R.O. 1988 § 35-151; Ord. No. 630 § 3; Ord. No. 2886 § 3, 12-7-1992; Ord. No. 3699 § 1, 9-19-2005; Ord. No. 3941 § 1, 11-2-2009]
The members of the Board of Public Works shall be electors of the City who have resided therein for a period of two (2) years before their appointment. Not more than two (2) members of the Board shall belong to the same political party and its administration shall in all respects be entirely non-partisan. No member shall hold any other City office, either by appointment or election, during their official term as a member of the Board and any member of the Board of Public Works who shall accept a nomination or appointment for any other City office during their official term, shall be deemed thereby to have resigned as a member of the Board and their membership shall thereby be, ipso facto, vacated.
[R.O. 1988 § 35-153; Ord. No. 1037 § 2; Ord. No. 2886 § 3, 12-7-1992; Ord. No. 3699 § 1, 9-19-2005; Ord. No. 3941 § 1, 11-2-2009]
The Board of Public Works shall have full power and it shall be its duty, to take charge of and exercise full control over the waterworks, electric light and power system owned by the City or any other public utility which it may hereafter acquire or develop and all appurtenances thereto belonging and shall enforce the performance of all contracts and work and have charge and custody of all books, records, property and assets belonging or pertaining to such public utility, as provided by Chapter 91, RSMo. It is the intention of this provision to confer full power and authority on the Board of Public Works to operate the utilities, except as may be otherwise provided by law, regulation, or ordinance. Nothing herein shall be construed to authorize a sale of said utilities without a vote of the electorate of Rolla; however, said Board may provide for the sale or other disposition of any useless, obsolete or surplus supplies, equipment, or real estate not needed in the current or future operation of such utilities. The disposal of real estate shall be in the same manner prescribed by ordinance for other City property.
[R.O. 1988 § 35-154; Ord. No. 1037 § 3; Ord. No. 2886 § 3, 12-7-1992; Ord. No. 3699 § 1, 9-19-2005; Ord. No. 3941 § 1, 11-2-2009; Ord. No. 4206 § 1, 5-4-2015]
In the process of operating public utilities, the Board of Public Works is vested with full power and authority and authorized to manage, control, and operate such public utilities, and by way of description but not of limitation, to make such repairs, replacements, additions or extensions of service as it may deem proper for the public good, to enter into contracts with other public and private entities for the purchase — of their product or the sale thereto subject to limitations prescribed in Section 35-164, to purchase operating supplies and equipment, the full power and authority to employ such labor as may be necessary in its behalf and prescribe and fix the compensation for said services necessary to operate said utilities and the power to negotiate and approve the acquisition of any interest in real property where the consideration to be paid by the City does not exceed the sum of two hundred fifty thousand dollars ($250,000.00) per acquisition or transaction.
[R.O. 1988 § 35-155; Ord. No. 1037 §§ 9 — 10; Ord. No. 2635 §§ 2 — 3, 9-6-1988; Ord. No. 2886 § 3, 12-7-1992; Ord. No. 3699 § 1, 9-19-2005; Ord. No. 3941 § 1, 11-2-2009]
(a) 
The Board of Public Works shall jointly give an indemnity bond to the City for the faithful performance of their duties and the faithful accounting for all funds coming into their hands in such sum as required by the City Council, the expense of which shall be paid out of special utility account without expense to individual members of the Board; however, should the Board members be covered by a blanket bond or insurance coverage to the same extent, this bonding requirement shall not apply.
(b) 
It shall be the duty of the Board to require such employees as it may designate to obtain an indemnity bond in such amount as required by the Council. The cost of such bond shall be paid by the public utilities; however, should such employees be covered by a blanket bond or insurance coverage to the same extent, this requirement shall not apply.
[R.O. 1988 § 35-156; Ord. No. 1037 § 5; Ord. No. 2886 § 3, 12-7-1992; Ord. No. 3699 § 1, 9-19-2005; Ord. No. 3941 § 1, 11-2-2009; Ord. No. 4206 § 1, 5-4-2015]
(a) 
It shall be the duty of the Board of Public Works to make up an account monthly of all revenues, obligations and expenses incurred by the Board, in operating the utilities, including gross monthly total payroll, setting forth in items, the amounts due, to whom and for what service or account. Such statement of accounts shall be examined, checked, and certified by the Board for payment, as true and correct;
(b) 
The Board shall submit monthly Board meeting minutes to City;
(c) 
No less than twice per calendar year the Board or their designated representatives shall make a public presentation to the Council a report that contains, at a minimum, key financial statements, status of pending projects, energy supply issues (i.e., MoPEP), energy market conditions and potential issues impacting RMU, City, and the citizens of Rolla. In addition, no less than annually the Board shall submit comparative utility rate information relative to a sampling of other MO cities and cooperatives.
(d) 
As needed and in confidence the Board will keep Council informed of pending real estate purchases where the consideration to be paid by the City exceeds the sum of two hundred fifty thousand dollars ($250,000.00), per acquisition or transaction, and of pending litigation, including the potential need for eminent domain. Property transactions included in the endorsed budget do not require City Council notification, unless there is a serious potential for adverse impact on surrounding properties.
[R.O. 1988 § 35-157; Ord. No. 1037 § 1; Ord. No. 1481 § 1; Ord. No. 2076 § 1, 1-9-1978; Ord. No. 2731 § 1, 4-2-1990; Ord. No. 2886 § 3, 12-7-1992; Ord. No. 3699 § 1, 9-19-2005; Ord. No. 3941 § 1, 11-2-2009]
(a) 
The Board of Public Works shall select, employ and fix the salary of a general manager. The Board shall employ all necessary employees, including engineers, inspectors, clerks, and others, to carry on and operate all public utilities under its control. The Board of Public Work's appointed general manager shall fix the hours and duties of engineers, inspectors, clerks and all other employees and shall fix their compensation not to exceed the prevailing wage paid for the employees' respective classification in the general area of the City or by other cities, public entities, and public cooperatives of comparable size. The general manager shall have the day-to-day duty and responsibility to manage the utilities subject to the authority of the Board. No individual member of the Board shall request or recommend the employment, retention, promotion, reduction or discharge of any employee.
(b) 
It is not intended or expected that the Board of Public Works shall pay the maximum salaries fixed but it is intended that the Board shall employ only the necessary number required and pay them just compensation for their services, consistent with a compensation strategy and plan. The general manager will disclose and discuss with the City administrator any significant changes in compensation strategies or benefit plans prior to implementation.
[R.O. 1988 § 35-158; Ord. No. 3699 § 1, 9-19-2005; Ord. No. 3941 § 1, 11-2-2009]
(a) 
The Board of Public Works shall be solely responsible for the preparation and adoption of the Rolla Municipal Utilities Annual Operating Budget. Said budget shall comply with all applicable state laws pertaining to adoption. Prior to the Board approving the annual budget, the Board of Public Works shall schedule a public hearing on the proposed budget. No less than twenty (20) days prior to the effective date of said budget the Board of Public Works or their designated representative will present a copy of said approved budget in its entirety to the City Clerk and Council for consideration. Upon consideration of the budget by Council, the City Council may elect to endorse said budget in its entirety by resolution. If no action is taken to endorse said budget within thirty (30) days of receipt, the budget shall be deemed endorsed. Failure to endorse said budget by resolution will not delay implementation thereof.
(b) 
The Board of Public Works may amend said budget once endorsed. Prior to the Board approving the amended budget, the Board of Public Works shall schedule a public hearing on the amended budget. No less than twenty (20) days prior to the effective date of said amended budget, the Board of Public Works or their designated representative will present a copy of said amended budget in its entirety to the City Clerk and Council for consideration. Upon consideration of the amended budget by Council, the City Council may endorse said amended budget in its entirety by resolution. If no action is taken to endorse said budget amendment, the budget shall be deemed endorsed. Failure to endorse said amendment by resolution will not delay implementation thereof.
(c) 
All financial records shall be audited in compliance with all GASB rules and in conjunction with the City's annual audit. The Board shall submit the annual audit to Council.
[R.O. 1988 § 35-159; Ord. No. 630 § 11; Ord. No. 2886 § 3, 12-7-1992; Ord. No. 3699 § 1, 9-19-2005; Ord. No. 3941 § 1, 11-2-2009]
(a) 
The assessment and collection of rates for water, electric, electric power, electric light or for the production of service of any other plant or works which the City may own or operate, shall be under the control and supervision of the Board of Public Works subject to this Code and other ordinances of the City. Prior to the Board approving any rate adjustment, the Board of Public Works or their designated representative shall schedule a public hearing on the proposed rate change. No less than twenty (20) days prior to the effective date of the City's budget, the Board of Public Works or their designated representative shall present the rate adjustment to the City Council for consideration. Upon consideration of the proposed rate change, Council may elect to endorse said rate change by resolution. If no action is taken to endorse said rate change prior to the effective date, the proposed rate shall be deemed endorsed. Failure to endorse said rates by resolution will not delay implementation thereof.
(b) 
Assessment and collection of cost adjustment charges may be considered and shall be under the control and supervision of the Board of Public Works subject to this Code and other ordinances of the City. Prior to the Board approving any cost adjustment clause, the Board of Public Works shall schedule a public hearing on the proposed methodology to be used in calculating said adjustment rate. No less than twenty (20) days prior to the implementation of a cost adjustment clause for any service not otherwise submitted in the annual budget per Section 35-165, the Board of Public Works or their designated representative shall present said cost adjustment clause to the City Council for consideration. Upon consideration of the proposed cost adjustment clause, Council may elect to endorse said adjustment clause by resolution. If no action is taken to endorse said adjustment clause prior to the effective date, the proposed cost adjustment clause shall be deemed endorsed. Failure to endorse said cost adjustment clause by resolution will not delay implementation thereof. After the effective date of any approved cost adjustment clause, the Board of Public Works shall implement said adjustment clause as prescribed with no further review required.
[R.O. 1988 § 35-160; Ord. No. 1037 § 4; Ord. No. 2886 § 3, 12-7-1992; Ord. No. 3699 § 1, 9-19-2005; Ord. No. 3941 § 1, 11-2-2009]
In the process of operating the utilities, as provided in this Article, it shall be the duty of the Board of Public Works, through its servants and employees, to collect all sums due for services rendered and on all accounts in connection with the operation of the utilities and all sums so collected, shall be deposited by the Board to the credit of a special account, to be known as the public utility account. The Board shall periodically but no less than every five (5) years bid out the utilities' banking depository.
[R.O. 1988 § 35-161; Ord. No. 1037 § 4; Ord. No. 2449 § 1, 1-7-1985; Ord. No. 2731 § 2, 4-2-1990; Ord. No. 2886 § 3, 12-7-1992; Ord. No. 2897 § 2, 2-1-1993; Ord. No. 3699 § 1, 9-19-2005; Ord. No. 3941 § 1, 11-2-2009]
All bills and expenses in connection with the operation of the utilities shall be paid out of the public utility account, which shall be under the general control of the Board of Public Works. No sums shall be paid, except upon checks and/or automated clearing house (ACH) drawn by any member of the Board of Public Works. The Mayor or City Clerk shall be primary signatory in the absence of a Board member primary signature. All checks shall be countersigned by the Board of Public Works–appointed general manager or in the absence of general manager, a member of the RMU's senior management.
[R.O. 1988 § 35-162; Ord. No. 1037 § 6; Ord. No. 2886 § 3, 12-7-1992; Ord. No. 3699 § 1, 9-19-2005; Ord. No. 3941 § 1, 11-2-2009; Ord. No. 4023 §§ 1 — 2, 10-17-2011]
(a) 
There shall be transferred monthly from the public utility account, to the general revenue fund of the City, an amount equal to five percent (5%) of the gross receipts of basic water service and five percent (5%) of the gross receipt of electric service, which shall become a part of the general funds of the City to be used for any and all general purposes including street and traffic lighting costs. The purpose of this monthly transfer is to take the place of the franchise tax and general property tax heretofore paid by the Missouri, General Utilities to the City. "Basic water and electric service" shall include those operating revenues generated from the residential, commercial, and industrial sale of water and electric service (including the service availability fee or other like receipts or operating revenues serving the same purpose). In turn, RMU shall bill the City for utility billing services, water hydrant consumption, and street lighting services on a monthly basis. Said services shall be agreed upon by the City and Board of Public Works and accounted for accordingly.
[R.O. 1988 § 35-163; Ord. No. 1037 § 7; Ord. No. 2886 § 3, 12-7-1992; Ord. No. 3699 § 1, 9-19-2005; Ord. No. 3941 § 1, 11-2-2009]
Whatever remains in the public utility account and whatever may accrue, shall be at the disposition of the Board of Public Works for the operation of the public utilities, making improvements and betterments and extensions and to do all things that in their judgment is for the best interest of the utility and for the further purpose of paying all interest and principal on account of the indebtedness incurred by said utilities. It is the intent of this provision to accumulate a reserve fund consistent with good operation of said utilities. Establishment of said reserve fund shall be disclosed to the Council and public through submittal of monthly financial statements. The reserve fund shall be at the disposition of the Board of Public Works for the above purposes.
[R.O. 1988 § 35-164; Ord. No. 1037 § 8; Ord. No. 2886 § 3, 12-7-1992; Ord. No. 3699 § 1, 9-19-2005; Ord. No. 3941 § 1, 11-2-2009]
Where no restriction is specially provided by this Code or other ordinance the Board shall have full power to contract for and provide all necessary labor and material and supplies as it may deem necessary and submit its account for allowance and payment out of the special public utility account as provided in this Article.
[R.O. 1988 § 35-165; Ord. No. 630 § 10; Ord. No. 2886 § 3, 12-7-1992; Ord. No. 3699 § 1, 9-19-2005; Ord. No. 3941 § 1, 11-2-2009]
(a) 
The doing of all work and furnishing of all supplies for the waterworks, electric power and light plant or any other plant or work which may be under its supervision or control, shall be let out by the Board of Public Works in the same manner as other public works are let out, except in cases where it is not practicable to do such work or furnish such material by contract. Except as herein provided all contracts and long-term financial obligations [those exceeding one (1) year in duration] in excess of two hundred fifty thousand dollars ($250,000.00) shall be submitted to the Council for approval, under such restrictions and regulations as may be provided by ordinance.
(b) 
Exceptions:
(1) 
Endorsement of the budget by the Council authorizes the expenditure by the Board of Public Works for all purchases, and supplies included in said budget;
(2) 
All long-term financial obligations once endorsed by Council shall be paid by the Board of Public Works (i.e., multi-year obligations or power supply contracts);
(3) 
Emergency procurement in excess of two hundred fifty thousand dollars ($250,000.00) shall not require approval of City Council. The Board of Public Works shall notify the Council of emergency procurements at the next available Council meeting.
[R.O. 1988 § 35-166; Ord. No. 3779 § 1, 11-20-2006; Ord. No. 3941 § 1, 11-2-2009]
Customers moving out of the service area with an uncollectible bill shall be responsible for all collection fees and/or attorney fees plus court costs and interest.
[R.O. 1988 § 10-41; Ord. No. 2581 § 1, 2-1-1988; Ord. No. 2757 §2, 9-10-1990]
It is hereby declared to be the public policy of the City of Rolla, Missouri, to maintain the financial integrity and continued viability of its Board of Public Works, and to maintain reasonable prices for the customers of said Board. To that end, and also to preserve the public safety and welfare of the City of Rolla, it is deemed necessary and appropriate to regulate and control the distribution and consumption of electrical power and energy within the corporate limits of the City of Rolla which may emanate from sources, or be under the control of persons or entities, other than the Board of Public Works.
[R.O. 1988 § 10-42; Ord. No. 2581 § 2, 2-1-1988; Ord. No. 2757 §2, 9-10-1990]
The following words are defined as set out herein regarding electrical distribution and consumption of electrical power and energy:
BOARD OF PUBLIC WORKS
The Board of Public Works of the City of Rolla, Missouri.
ELECTRICAL DISTRIBUTION SYSTEM
Real estate, fixtures, or personal property which is used or to be used for or in connection with or to facilitate the generation, transmission, distribution, sale or furnishing of electricity for light, heat, power or related uses, and any conduits, ducts, conductors, or other devices, materials, apparatus or property designed or used for containing, holding or carrying conductors used or designed to be used for the transmission or distribution of electricity for light, heat, power or related uses. The term shall not be construed to include electrical wiring designed to carry voltage of six hundred (600) volts or less and which is a fixture of any structure, nor shall it include portable generators of such voltage.
MUNICIPAL ELECTRICAL DISTRIBUTION SYSTEM
The electrical distribution system located within the corporate limits of the City of Rolla, Missouri, which is operated and maintained by the Board of Public Works of the City of Rolla and is known as the Rolla Municipal Utilities.
PERSON
Any natural person, corporation, company, firm, partnership, association, joint stock company or association, partnership or person, agency of state or local government, political subdivision, or trust, whether operated for profit or not, or their lessees, licensees, permittees, trustees, or receivers, which owns, operates, controls, or manages any "electrical distribution system," the whole or any part of which is located within the corporate limits of the City of Rolla. For purposes of this Article, person shall not include the Board of Public Works of the City of Rolla, Missouri.
STRUCTURE
An agricultural, residential, commercial, industrial, or other building or mechanical installation, machinery or apparatus.
[R.O. 1988 § 10-43; Ord. No. 2581 § 3, 2-1-1988; Ord. No. 2757 §2, 9-10-1990]
(a) 
No person shall, without a written permit previously obtained from the Board of Public Works, or a franchise granted by ordinance of the City Council:
(1) 
Own, erect, construct, operate, maintain, utilize, extend, or improve an electrical distribution system within the corporate limits of the City of Rolla; or
(2) 
Own, erect, construct, operate, maintain, utilize, extend or improve an electrical distribution system which is designed to, or does in fact, provide electrical service to itself or any other person; or
(3) 
Utilize, occupy, cross above or below, or in any way encroach upon any public street, alley, easement or right-of-way with any component or aspect of its electrical distribution system; or
(4) 
Own, utilize, operate or maintain an electrical distribution system which utilizes a source of electrical power and energy other than the municipal electrical distribution system.