[HISTORY: Adopted by the Common Council of
the City of Rice Lake as indicated in article histories. Amendments
noted where applicable.]
[The charter ordinances appearing in this
article were included in the Code of Ordinances as Secs. 2-3-2(a),
2-3-7(a) and 2-4-7, respectively.]
A.
Charter ordinance. By this ordinance, the city is
exercising both its powers under W.S.A. ss. 62.11(5) and 66.068. The
city finds that the details of the operation of the Utilities Commission,
including but not limited to the specific powers entrusted to the
Commission, financial procedures and the method of selection and terms
of Commissioners, are matters of paramount local concern, and, as
to those matters, the city is exercising its home rule powers and
elects to establish the Rice Lake Utilities Commission as set forth
herein.
B.
Findings and purpose. The City of Rice Lake finds
that the ownership and operation of wastewater, water and electric
utilities by the city is in the public interest. To that end, the
city has entrusted, since 1987, the management of its wastewater,
water and electric utilities to an independent and nonpartisan body,
the Rice Lake Utilities Commission. This ordinance is intended to
recodify the powers of the Rice Lake Utilities Commission.
C.
Successor status. The Utilities Commission established
under this ordinance is a successor to the city's existing Utilities
Commission. It has all the rights, duties, powers and interests which
the existing Utilities Commission possesses, whether granted by ordinance,
statute, contract or otherwise. The existing Commissioners shall serve
the remainder of their present terms of office.
D.
Membership.
(1)
Number of members and term. The Rice Lake Utilities
Commission of the City of Rice Lake shall consist of five members,
four of whom shall be elected by the City Council to serve terms of
five years commencing October 1 of each year. One of the members shall
be a member of the Common Council and shall be subject to an appointment
at the organizational meeting of April of each year. Said terms shall
be staggered, and election of members shall be to a specific term.
(2)
Qualifications. Four of the members of the Commission
must reside within the corporate limits. The remaining member must
reside within the service area of any one of the three utilities served
by the Commission. One of the four members who must reside within
the corporate limits shall be a member of the Common Council.
E.
Dual capacities.
(1)
The Rice Lake Utilities Commission shall act in accordance
with the ordinances of the City of Rice Lake, the statutes of the
State of Wisconsin and the regulations of the Public Service Commission
as a Water and Electric Commission.
(2)
The Rice Lake Utilities Commission shall act in accordance
with the ordinances of the City of Rice Lake and the statutes of the
State of Wisconsin as a Wastewater Commission.
(3)
The creation of the Rice Lake Utilities Commission
is not to be construed and is not an exercise of W.S.A. s. 66.077.
This does not combine our water and wastewater utilities. The wastewater
utility is not subject to the provisions of W.S.A. chs. 196 and 197.
F.
General duties. Except as limited herein, the Commission
is charged with the complete management, policy-making, rate-making,
financial management, personnel management and compensation and full
operation, expansion, extension and improvement of the three municipal
utilities.
(1)
Budget. The Commission will establish an annual budget
prior to June 1 of each year and submit the same to the City Council
prior to July 1 of each year for review purposes only.
(2)
Contract. The Commission shall have the full authority
to let bids and enter into contracts in the name of the city, provided
that such contracts are necessary and convenient to the management
and operation of Rice Lake Utilities, such as buying and selling property
and extending utility lines, and provided further that the contracts
will not require any special assessments, revenue bonds or public
financing. General obligation bonds or financing outside of the city
utilities' operation will require the prior approval by the City Council
before the expenditure is made.
(3)
Manager. The Utilities Commission shall appoint a
General Manager and CEO and fix his compensation and duties.
(4)
Other employees and consultants. The Commission may
employ and fix the compensation of such employees as the Commission
deems necessary or convenient for the management and operation of
the Rice Lake utilities. The Commission may employ the services of
and affix the compensation of such agents or consultants, including
attorneys, and contractually employ city services as the Commission
deems necessary or convenient for the operation and management of
the Rice Lake utilities.
(5)
Attorney. The Commission may hire its own attorneys
for the purpose of advising on the utilities' affairs, such as contracts,
labor negotiations and power supply issues, but where the Commission
is commencing an action which will involve the city's exposure to
damages or requires the city to be a personal party, or in cases in
which the action must be brought in the name of the city, then the
Commission shall notify the city regarding such action. All claims
that emanate through the activities of the Utilities Commission will
first be submitted to the Commission for its recommendation and then
sent to the City Council for consideration.
G.
Officers. The officers of the Rice Lake Utilities
Commission are as follows; they have the general duties set forth
after their respective titles:
(1)
President. The President shall preside over meetings
thereof. A signature shall be required upon any contract of the Commission,
and he shall sign any mail orders or checks drawn on the Commission
bank accounts. The President shall sign and countersign any vouchers
and warrants drawn on other Commission accounts.
(2)
Secretary and Office Manager. The Secretary of the
Commission shall take and keep all minutes of Commission meetings.
The Office Manager shall be responsible for recording all transactions
and business of the Commission, to provide for the proper accounting
and auditing of Commission business, financial records and individual
accounts of each separate utility. The Office Manager shall be responsible
for computing and issuing all water, electric and wastewater service
billings. A schedule of all utility rates for services shall be maintained
by the Commission and made available to the public at the utilities'
office. The Office Manager shall provide for the collection of all
moneys to be received by the utilities. The moneys shall be deposited
upon receipt thereof, and all Commission funds shall be placed in
the appropriate Commission accounts in a public depository or depositories
designated by Common Council and managed by the Office Manager. The
Office Manager shall keep a record of all receipts and disbursements
and report monthly to the Commission. The Secretary shall sign and
countersign any vouchers and warrants drawn on the Commission accounts.
H.
Meetings.
(1)
Regular. The Rice Lake Utilities Commission shall
hold regular monthly meetings.
(2)
Organizational. At the meeting on the first Tuesday
of October of each year the Commission shall elect one member as President
and shall then proceed and conduct any and all business which shall
come before the meeting.
(3)
Quorum. Three members of the Rice Lake Utilities Commission
shall constitute a quorum.
I.
Compensation.
(1)
Members of the Rice Lake Utilities Commission shall
receive such compensation for their services as Common Council from
time to time may direct.
(2)
The salaries of any employees of the Commission shall
be allocated between the accounts of the various utilities, such salaries
and allocations to be determined by the Commission.
J.
Rules of the Commission. At the organizational meeting
held annually, the Commission shall specifically create rules for
its own proceeding and governing of its agency, which rules shall
be from time to time amended by a majority vote of the Commissioners.
K.
Revenues.
(1)
The moneys and revenues received by the Commission
shall be segregated into bank accounts for each separate utility,
water, electric and wastewater.
(2)
Any moneys received for the separate utilities may
be deposited in other accounts within the utilities as required by
accepted accounting practices and/or the requirements of bond or note
reduction.
L.
Accounts.
(1)
Manner and form. It shall be the duty of the Rice
Lake Utilities Commission to have books and accounts kept in a manner
and form prescribed for the utilities of its class by the Public Service
Commission in the case of the water and electric utilities and by
the State of Wisconsin and the City of Rice Lake for the wastewater
utilities. Such books and accounts shall be open to the public.
(2)
Receipts. Receipts of the public utility shall be
deposited in an official depository designated by the Common Council
and approved by the Utilities Commission. The Office Manager shall
make and file his or her financial report of each such utility each
month with the Commission.
(3)
Transfer of funds. The electric and water utilities
shall pay into the city's general fund the maximum amount of tax equivalent
funds as prescribed by the Public Service Commission. Such tax equivalent
payment from the utilities to the city general fund shall occur no
later than August 31 of each year, commencing August 31, 1993.
(a)
The Wastewater Utility shall pay into the general
fund the following amount for the following years, due and payable
no later than December 15 of each year:
[Amended 12-10-1992 by Ord. No. 748; 4-11-1995 by Ord. No.
793; 4-11-1995 by Ord. No. 798]
|
Year
|
Amount
| |
|---|---|---|
|
1992
|
$118,653
| |
|
1993
|
$110,020
| |
|
1994
|
$129,339
| |
|
1995
|
$163,083
| |
|
1995
|
$195,162
| |
|
1997
|
$234,435
| |
|
1998
|
$240,000
| |
|
1999
|
$260,000
|
(b)
No funds of said municipally owned utility shall
in any case be transferred to the city treasury for use of the city
except in accordance with the provisions of W.S.A. s. 66.069(1)(c).
(4)
Excess funds. Any excess funds accumulated by said
utilities, unless deposited pursuant to law, and all funds in depreciation
of retirement reserves may be invested only according to the provisions
of W.S.A. s. 66.069(1)(c) or 66.04(7).
(5)
Expenditures. The expenditures of the municipally
owned utilities shall be audited by the Commission and, if approved,
shall be paid from the utility funds by the Office Manager upon warrants
signed by the Utilities Commission President and Secretary and the
Mayor.
M.
Compliance with state law. It is the intention of
this ordinance to fully comply with W.S.A. s. 66.068 for the establishment
and operation of a Utilities Commission.
N.
Open meeting laws. The Commission as a public body
in the City of Rice Lake is subject to all open meeting regulations
in the State of Wisconsin and the City of Rice Lake.
O.
This charter ordinance shall take effect 60 days after
its passage and publication unless within such 60 days a petition
conforming to the requirements of W.S.A. s. 8.40, signed by a number
of electors of the city equal to not less than 7% of the votes cast
in the city for governor at the last general election, shall be filed
in the office of the City Clerk demanding that such ordinance be submitted
to a vote of the electors, whereupon it shall not take effect until
it is submitted to a referendum and approved by a majority of the
electors voting thereon.
[Amended 4-11-1995 by Ord. No. 793]
|
State Law Reference: W.S.A. ss. 66.068, 66.069(1)(c)
and 66.077.
|
[Adopted 3-17-2008 by Ord. No. 08-06]
The Common Council of the City of Rice Lake, pursuant to its Home Rule rights under Article XI, Section 3 of the Wisconsin Constitution, s. 66.0101 and s. 62.11(5) of the Wisconsin Statutes, does hereby find it is in the best interests of its citizens that it collect, recycle and dispose of solid waste generated within the City of Rice Lake as the Common Council best determines, from time to time, suits the ends of maximum recycling, environmental protection and cost effectiveness.
A.
Therefore, the Common Council does find and declare
the City of Rice Lake, its citizens, residents, agents and contractors
exempt and excluded from the definition of a “person”
under W.S.A. s 287.13(1)(g) of the Wisconsin Statutes.
B.
The Common Council does affirm and declare its exemption
from required use orders under W.S.A. s. 287.13(12)(e) and special
enforcement orders under W.S.A. s. 287.13(12)(f) and does find and
declare its citizens, residents, agents and contractors also exempt
from same.
