Loading...
(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)