Section
50.01 Establishment and responsibilities
50.02 Members
50.03 Compensation
50.04 Term of office; removal
50.05 Meetings; quorum
50.06 Powers and duties
50.07 Utilities System Director
50.08 Regulations enacted by the Commission
50.09 Effect on outstanding bonds
50.10 Guidelines, policy, and budget
(A) There is established the Utility Commission of the city, which shall consist of five total members including two members shall be residents of the city who have resided therein for not less than one year preceding the date of their appointment and, an additional two members who may be residents and/or customers of the Utility Commission. The members shall be appointed by the Mayor with the approval of the City Council. An additional member of the Utility Commission shall be appointed from the membership of the City Council and shall constitute the fifth member of the Utility Commission.
(B) The Utility Commission shall be responsible for providing a system of water and sewer to the citizens of the city. Although water systems other than those of this Commission serve some of the citizens of the city, it is the responsibility of the Commission to provide a system of potable water to the citizens and businesses of the city and it is the intent of the Commission to provide such services to any areas of the city that do not have water as possible as determined by the Commission. The City Council states that it is the mission of the Commission to provide the city with water and sewer; establish and regulate public cisterns, hydrants and reservoirs, with and beyond the limits of the city, for the extinguishment of fires and the convenience of the inhabitants; prevent the unnecessary waste of water; and to change, relocate and establish water and sewer service within and beyond the city limits.
(Ord. 2-83, passed 2-21-1983; Ord. 22-2006, passed 10-1-2006; Ord. 1-2024, passed 2-5-2024)
(A) Except as set forth in § 50.01, no person shall be appointed a member of the Utility Commission who has, within the past two years before his or her appointment, held any public office, or who is a close relative of the Mayor or any member of the City Council. CLOSE RELATIVE as used in this Chapter 50 shall be defined as a person who by consanguinity or affinity, including half, foster, step and adoptive kin, is either a spouse, child, grandchild, parent, grandparent, brother, sister, aunt, uncle, nephew or niece of the principal.
(B) Pursuant to KRS 96.320, members of the Utility Commission shall be citizens, taxpayers, regular voters of the city, and/or customers of the Utility Commission and shall not at the time of their appointment be indebted to the municipality either directly or indirectly or be surety on the official bond of any official of the city.
(C) If at any time during his or her term of office a member of the Utility Commission is elected to or appointed to any public office, he or she shall automatically vacate his or her membership from the Utility Commission and another person shall be appointed by the Mayor with the approval of the City Council to take his or her place. Notwithstanding this provision, a City Council member who is appointed by the Mayor to serve on the Utility Commission, as an ex-officio member, may serve in both capacities.
(D) The Utility Commission shall pay the cost of securing bonds for Utility Commission members from a surety company qualified to do business in the state and the members shall execute bond in an amount required by resolution of the Utility Commission and conditioned upon the faithful performance of their official duties.
(E) Each member of the Utility Commission shall qualify by taking the oath provided for by § 228 of the Kentucky Constitution.
(Ord. 2-83, passed 2-21-1983; Ord. 4-2000, passed 6-5-2000; Ord. 21-2004, passed 12-20-2004; Ord. 22-2006, passed 10-1-2006; Ord. 3-2014, passed 2-3-2014; Ord. 5-2014, passed 6-2-2014; Ord. 1-2024, passed 2-5-2024)
The Utility Commission shall determine the compensation to be paid to its members, not exceeding an annual salary of $3,600 per Commissioner per annum, except that each Commissioner who completes during a calendar year a minimum of six instructional hours (year one) of water or sewer utility management training approved by the Public Service Commission, Division of Water, or equivalent municipal utility training, may receive an annual salary of not more than $4,800 for year one. Each Commissioner who completes during the following calendar year an additional six instructional hours (consecutive year two) of water or sewer utility management training approved by the Public Service Commission, Division of Water, or equivalent municipal utility training, may receive an annual salary of not more than $6,000 for year two. Each Commissioner who continues to complete during the following calendar year and consecutive years beyond an additional six instructional hours (year three and beyond) of water or sewer utility management training approved by the Public Service Commission, Division of Water, or equivalent municipal utility training, may continue to receive an annual salary of not more than $6,000. The Chairperson shall receive an additional $60 per month as an expense reimbursement. These amounts shall constitute a cost of operation and maintenance of the waterworks system, sewer system and other utilities. The city shall not be liable for the payment of any salary or compensation of any of the members of the Utility Commission, or for the payment of the salary or compensation or expenses of any person employed by the Utility Commission, and such salaries, compensation and expenses, and any and all liabilities of whatever kind or character, incurred by the Utility Commission, or any officer or employee thereof, shall be paid solely and only out of the revenue obtained from the Utility Commission from the various utilities owned by the city pursuant to the law, and the liabilities shall be so limited.
(Ord. 2-83, passed 2-21-1983; Ord. 4-2000, passed 6-5-2000; Ord. 21-2004, passed 12-20-2004; Ord. 16-2017, passed 12-4-2017)
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