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(A) The original appointees shall serve for one, two and three years respectively, from the date of the appointments as the Mayor shall designate. Successors to retiring members so appointed shall be appointed for a term of four years in the same manner prior to the expiration of the term of office of the retiring member. The Council person member of the Utility Commission shall serve for such time as the Mayor may fix, but not beyond such appointee’s term of office in the City Council. Appointments to complete unexpired terms of office shall be made in the same manner as original appointments.
(B) Any member of the Utility Commission may be removed from office upon a vote of the City Council for inefficiency, neglect of duty, misfeasance, nonfeasance or malfeasance in office.
(Ord. 2-83, passed 2-21-1983)
A majority of the Utility Commission shall constitute a quorum and the Utility Commission shall act by vote of the majority present at any meeting attended by the quorum. Vacancies in the Utility Commission shall not affect its power or authority so long as a quorum remains. Within ten days after appointment and qualification of members, the Utility Commission shall hold a meeting to elect a Chairperson and such other officers as it may choose to elect. The Utility Commission shall hold public meetings on the second Monday of each month at such place as the Utility Commission may designate. Changes in time and place of meeting shall be made known to the public as far in advance as practicable. Any meeting may be called by the Chairperson or by two members of the Utility Commission; but, if such meeting is called, written notice shall be sent to all members of the Utility Commission by the Chairperson. Except as otherwise specifically provided, the Utility Commission shall establish its own bylaws and rules of procedure.
(Ord. 2-83, passed 2-21-1983; Ord. 13-83, passed 10-3-1983)
(A) The Utility Commission shall have charge of the general supervision and control of the operation and maintenance of the waterworks system, sewer system and all other utilities for the city for the use of which service fees or rentals will be charged. However, it is understood that the Utility Commission is governed by a commission with policy-making authority that is separate from the governing bodies of the city and county in which it operates but has been determined to be a special purpose government entity by the Kentucky Department of Local Government subject to the provisions of KRS Chapter 65A.
(B) Consistent with the requirements of any applicable state law, and within the limits of the funds available therefor, all powers of the city to improve, operate, expand and maintain the systems and utilities and all powers necessary and convenient thereto, shall be exercised on behalf of the City Council by the Utility Commission. Subject to the provision of applicable bonds or contracts, the Utility Commission shall determine programs and make all plans and determinations as to improvements and financial practices, and may establish those rules and regulations as it deems necessary or appropriate to govern the furnishing of water and other service.
(C) A copy of the schedule of the current rates and charges and all rules and regulations adopted by the Utility Commission relating to water and sewer service and of other utilities shall be kept on file at the main office of the Utility Commission.
(D) The Utility Commission shall keep a complete and accurate record of all meetings and actions taken, and of all receipts and disbursements, and shall make reports thereof to the City Council at least once a month. The report shall be in writing and shall be filed in open meeting of the City Council, and a copy shall be filed with the City Clerk, as a public record.
(E) The LaGrange Utilities Report must continue to remain as a line item on the agenda for regularly scheduled City Council meetings, and representation from LaGrange Utilities must attend in person at these meetings.
(F) The Utility Commission shall employ an attorney and designate payments to be paid to the attorney and for its attending meetings and for representing the Commission and Director in any legal work of any nature on the Commission's behalf as may be required from time to time, such payment to be made from the Commission's operating budget.
(Ord. 2-83, passed 2-21-1983; Ord. 21-2004, passed 12-20-2004; Ord. 16-2017, passed 12-4-2017; Ord. 1-2024, passed 2-5-2024)
(A) The Utility Commission shall employ a Utilities System Director (hereinafter called "Director"), who shall be qualified by training and experience for the general superintendence over the acquisition, improvement and operation of the system. His or her salary shall be fixed by the Utility Commission. The Director's employment may be terminated by the Utilities Commission. He or she shall be required to execute a bond, in a sum to be determined and approved by the Utility Commission, conditioned upon the faithful performance of his or her official duties. The cost of the bond may be charged as an expense of the operation of this system.
(B) The Director shall have charge of all actual construction, the immediate management and operation of the various utilities systems, and the enforcement and execution of all rules, regulations, programs, plans and decisions made or adopted by the Utility Commission.
(C) The Director shall appoint all employees and fix their duties and compensation, subject to and with the approval of the Utility Commission and subject to the pay plan and compensation guidelines adopted by the Utility Commission. The title of all property purchased or acquired shall be taken in the corporate name of the Utility Commission.
(D) The Director shall let all contracts subject to the approval of the Utility Commission, but may, without this approval, obligate the various utilities systems on all purchase up to an amount to be fixed by the Utility Commission. All contracts shall be in the corporate name of the Utility Commission and shall be signed by the Director. The Director shall make and keep or cause to be made and kept full and proper books and records, subject to the supervision and direction of the Utility Commission and the provisions of applicable contracts.
(Ord. 2-83, passed 2-21-1983; Ord. 4-2000, passed 6-5-2000; Ord. 21-2004, passed 12-20-2004; Ord. 10-2011, passed 9-6-2011; Ord. 5-2014, passed 6-2-2014; Ord. 1-2024, passed 2-5-2024)
All ordinances, resolutions, orders, rules and regulations, or parts thereof, enacted by the City Council as to matters provided for in Chapters 50 through 52 shall continue in full force and effect until the Utility Commission has been properly and legally organized and has enacted a resolution, order, rule, or regulation as to the same.
(Ord. 2-83, passed 2-21-1983; Ord. 21-2004, passed 12-20-2004; Ord. 1-2024, passed 2-5-2024)
The provisions of this chapter shall constitute a contract between the city and the holder of any bonds already authorized to be issued or for which provisions have been or will be made as their issuance, which are to be secured by the revenues of such waterworks system or other utilities, and after the issuance of any of such bonds no change, variation, or alteration of any kind of the provisions of this chapter shall be made in any manner, except as herein provided or otherwise compelled by law until such time as all such bonds and interest thereon have been paid in full.
(Ord. 2-83, passed 2-21-1983)
(A) The Utility Commission shall be responsible for the policy and guidelines for the operation of the Utility Commission, unless otherwise specified in this chapter or otherwise prohibited by Kentucky law.
(B) Subject to the provision of applicable bonds and contracts, the Utility Commission shall determine programs and make all plans and determination as to improvements and financial practice and may establish those rules, regulations, policies, practice, guidelines and/or handbooks as it deems necessary or appropriate to govern the furnishings of water and sewer.
(C) Budget.
(1) The Utilities Commission shall approve an annual budget for the operation of the Utility Commission, which shall be provided to the city after passage.
(2) The Commission shall pay all costs and expenses in the operation of the Commission from its operating budget, including but not limited to, insurance, equipment. supplies, materials, labor and any other necessary costs and expenses incurred in the normal and customary business of this nature.
(3) Pursuant to Kentucky law, in particular, KRS 96.460, the city shall pay the reasonable cost and value of any water and/or sewer or other service rendered to the city by the Utilities Commission. The funds so paid shall be accounted for in the same manner as other revenues of the Utilities Commission.
(4) In keeping with Kentucky law, the Utilities Commission shall not obligate itself beyond its own resources for any fiscal year. The Commission, when necessary, by, through and when needed, in conjunction with the city may borrow money and issue negotiable bonds, in keeping with Kentucky law. Such approval shall be obtained by the Commission by a majority vote of the City Council and with the approval of the Mayor. This may be evidenced by an interlocal cooperation agreement authorized under KRS 65.240.
(D) Financial audit. The Commission shall cause to be made a financial audit of its financial records each year and a written report prepared by the auditor, who shall be an independent auditor.
(E) Previous agreements and contracts. The Commission shall be bound to perform under the terms of any previous contracts and/or agreements made and entered into by or on behalf of the Commission that exist on February 5, 2024 that were entered into while the Commission exited under previous city ordinance.
(F) Personnel and pay. The Commission shall adopt a personnel policy and pay scale or pay rate for all employees and adopt an ethics policy which may be the same or different than that of the city, all within the discretion of the Commission.
(G) Acquisition of real estate. All real estate acquired by the Utilities Commission including water, sewer and other similar easements shall be acquired in the name of the Utilities Commission.
(H) Bidding and procurement practices. Pursuant to KRS 424.260, the Utilities Commission shall follow all Kentucky legal requirements with regard to bidding and procurement practices. The Commission shall have the authority to advertise for, accept bids and enter into contracts, without the Council's approval.
(I) Delegation of authority. Any authority not specifically delegated to the Utility Commission by this chapter is specifically reserved to the Mayor, unless otherwise stated in the Kentucky Revised Statutes. Pursuant to KRS 96.200, any and all revenues generated from the operation of the water and sewer services in the city, may be used only by the Commission as outlined in this chapter.
(J) No conflict. Any previous ordinances or parts of ordinance in conflict with this chapter are repealed. This chapter shall become effective on February 5, 2024. If any section, sentence, clause or phrase of this chapter is held unconditional or otherwise invalid, such infirmity shall not affect the validity of the remaining chapter.
(Ord. 1-2024, passed 2-5-2024)