Loading...
The system is divided into a division of water, a division of power, a division of gas, and a division of sewer. Each division is responsible for the control of its operation and management. The detailed division of duties between these respective divisions, the subdivisions of divisions, and the creation of other staff positions and subordinate offices, shall be subject to the rules and regulations prescribed by the utilities board.
At the first meeting after a general municipal election, the board shall elect from among its members a chairman who presides over the meetings of the board, and a vice-chairman who shall act for the chairman during his absence, inability or failure to act as chairman. The board shall also elect a secretary who shall be either a board member or a full time employee of the system. The secretary shall keep the minutes of the meetings of the board and shall perform such other duties as the board may prescribe. Officers provided for in this paragraph receive no additional salaries for their service; however, the board may provide for the payment of a reasonable salary to the secretary if the secretary is not a board member.
If the secretary is not a board member he shall hold office at the will of the board. The board shall have the right to adopt bylaws, not inconsistent with the provisions of this charter. These by-laws may provide the time, place and manner of holding both regular and special meetings of the board. All such meetings shall be public, except when permissible by state law, and no action shall be taken by the board except by the affirmative vote of at least three board members. Three board members shall constitute a quorum of the board, but a smaller number may adjourn from day to day. The general manager and the division superintendent, if there be any, attend meetings of the board, and have a seat and voice but no vote in such meetings. Except as otherwise expressly provided herein, action by the utilities board may be by motion or by resolution passed on a single reading, and may be made effective immediately upon passage.
1) Independent Control. Except as expressly provided in this section, the board exercises and is hereby granted all the powers and duties possessed by the city of Etowah to construct, acquire, expand or operate the utility system. The board, either by itself or by its duly authorized officers and employees, has and maintains full control and complete jurisdiction over the management and operation of the system and may make all contracts and do any and all acts and things that are necessary, convenient or desirable in order to operate, maintain, enlarge, extend, preserve and promote an orderly, economic and businesslike administration of the system. The general manager and every officer, agent and employee having duties embracing the receipt, disbursement, custody, or handling of money shall, before entering upon his duties execute a surety fidelity bond with some surety company authorized to do business in the state of Tennessee, as surety in such amount as shall be prescribed by resolution of the Etowah Utilities Board, except where the amount is prescribed in this charter. All such bonds and sureties thereto shall be subject to the approval of the Etowah Utilities Board. The cost of making such bonds shall be paid by the utility system.
2) Fix Rates. The utility board recommends to the city commission sufficient rates to be charged for services rendered by the water and sewer systems. Such rates shall be fair, reasonable and uniform for all customers in the same class, but different rate schedules may be applied to different classes of customers, as determined by the utility board. Rates within the city may be less but not greater than rates for the same class of service outside the city.
3) Contract, Lease, and Agreements. The utility board has the authority to make contracts with any person, firm, association or corporation, for public utilities and public services to be furnished the utility system and those therein. Such power to make contracts shall embrace the power, expressly conferred, to make exclusive contracts. When an exclusive contract is entered into, it shall be exclusive not only against any other person, firm, association or corporation, but also as against the utility system itself. Such contracts may be entered into for the period of twenty-five years or less, but not longer. The utility board may prescribe in each such contract entered into the rates, fares, charges, and regulations that may be made by the person, firm, association, or corporation with whom the contract is made. Such contracts may, by their terms, apply to the territory within the service area of the utility system as of the date of the contract, and as said the service area thereafter may be enlarged; and to the then existing any other streets, alleys, and other thoroughfares that thereafter may be opened.
All contracts whereby the system agrees to supply electric service, gas, service, water service, or sewer service, or two or more of the foregoing services, for a longer period than one year from the time if the execution of such contract, shall be subject to the condition that the rates at which such service is to be provided after the expiration of one year from the date of the contract, shall conform to the rates being charged other customers for similar service or services. The time limit prescribed in this paragraph for the duration of contracts and agreements shall not apply to bond issues.
4) Sale of Utility. The authority given the board by this section shall not be construed to give the board authority to sell or lease all or a major portion of any division of the system, unless such transaction is approved by the city commission by ordinance, which ordinance shall not be passed as an emergency ordinance.
5) Short Term Loans. The utility board is hereby authorized to borrow money in accordance with the general statutes of the state of Tennessee and the regulations of the comptroller of the state of Tennessee.
6) Improvement Bonds. The utility board may recommend for the issuance of bonds for additions, extensions or other permanent improvements to any one or more of the systems under the jurisdiction and control of the board, but such bonds shall be payable exclusively from the revenues of the system or systems so improved. The issuance of such bonds shall be authorized by a resolution of the board and submitted to the city commission for approval. Said bonds shall be issued under the general statutes of the state of Tennessee and the regulations of the comptroller of the state of Tennessee.
7) Joint Use of Poles and Other Property. The utility board has the power to make agreements or contracts with any person, firm or public or private corporation for the joint use of poles and other property, belonging either to the system or such other person, firm or corporation or belonging jointly to both parties.
8) Eminent Domain. The utility board may recommend to the city commission that the city exercise its right of eminent domain on behalf of the system.
9) Investment of Surplus Funds. The utility board has power to invest its surplus funds in state authorized investments, as found in Tennessee Code Annotated § 6-56-106.
10) To Employ Attorney. The utility board has the power to appoint an attorney or attorneys, to prescribe his qualifications, duties, and fix his compensation.
11) Salaries. The utility board has the power to fix the salaries of all officers and employees of the system. This power may be delegated by the board to the general manager.
1) Separate Accounts for Separate Divisions of the System. To the end that each division is self-sustaining, the board requires that separate books and accounts be kept on the electric, gas, sewer, and water operations so that the books and accounts will reflect the financial condition of each division.
Each of the divisions is operated independently of the others, except as herein otherwise provided and except as the board may be of the opinion that joint operations shall be advisable and economical, in which event the expenses incurred, including the compensation of the board members, and other executives and attorneys, in such joint operation, shall be prorated between the four divisions in such manner as the board determines to be equitable.
2) Auditing. An independent certified public accountant, not an employee of the city or the system, may be retained by the utility board to make such audits and reports as the board may deem necessary. Before any independent accountant maybe retained by the board in accordance with the provisions of this paragraph, the accountant to be retained shall be approved by the city commission.
3) Reports to City Commission. It is the duty of the utility board to furnish to the city commission, through the city manager, monthly and annual reports of the operation of the system, which reports shall be kept on file in the Finance Director’s office and open to public inspection during regular office hours.
4) Payments in Lieu of Taxes on Electric, Water. Sewer, and Gas Properties. The city commission may impose payments of lieu of taxes on any or all of the divisions within the utility system pursuant to state law.
The utility board shall appoint a general manager of the system who shall have executive ability and experience sufficient to qualify him for the management of the system, who shall be responsible to the board and who shall serve at the pleasure of the board.
Loading...