(A) Powers of the city. The city shall have the power to own and operate water, electric light and power, gas systems and systems for distribution of any other source of energy, sanitary sewer system, garbage and waste collection, disposal system, and any other public utility which may be authorized pursuant to ordinance duly adopted by the Council, and it may furnish water, light and power, and gas, or any other source of energy for all municipal purposes, and may supply the same to the inhabitants of the city and to such other persons, corporations, or other governmental units as it may deem expedient.
(B) Public Utilities Department. There is hereby established a Public Utilities Department for the city. The public water works, electric light and power system, gas system, and any system supplying any other source of energy owned, operated, or distributed by the city shall constitute one department in the city known as the Public Utilities Department. The control, management, and operation of all such public utilities shall be under the supervision of a Superintendent of Public Utilities, which position is hereby established. The City Council shall appoint the Superintendent of Public Utilities. The City Council may by ordinance make the sanitary sewer system, garbage and waste collection and disposal system, or any other public utility from which a revenue is, or may be derived, a part of the Public Utilities Department, or may in the same manner commit the supervision of any such sanitary sewer system, garbage and waste collection and disposal system, and any other public utility in whole or in part to the Public Utilities Department.
(C) Powers of the City Council. Except as otherwise provided in this chapter, the City Council shall have control and power over the water, lights, power, and gas system, and the distribution of any other source of energy that may be owned and operated by the City Council, and shall have such other power and control over sanitary sewage system, garbage and waste collection and disposal system, and any other public utility. The Council shall have the supervision of all buildings, structure, machinery, apparatus, equipment, materials, and supplies, and all other property belonging to or pertinent to the Public Utilities Department or under its control, and except as hereinbefore provided, shall have full and exclusive control and power over all moneys, bonds, certificates of indebtedness, warrants, and other securities in any fund of the Department. However, the money of said Department shall be held by the City Treasurer as a part of the funds of the city and shall be paid out in such manner as the City Council may direct. The Superintendent of Public Utilities may enter upon any premises for the purpose of examining the same and making surveys and may prosecute any action in the name of the city against any person for the use of water, light, power, gas, or any other public utility, or for injury to any of its property or works entrusted to its care. Without limiting the generality of the foregoing, the Council shall have the power:
(1) To operate each and all of said utilities and to do all things necessary for the economical management, control, and operation thereof;
(2) To keep the same in repair, and make necessary replacements, extensions, improvements, changes, and additions thereto. Upon completion of such replacements, extensions, improvements, changes, or additions, the Council shall have the control and management thereof, as provided herein;
(3) To buy fuel supplies, equipment, and other materials in such manner as determined by the Council by ordinance or resolution;
(4) To fix and determine the rates and charges to be made for services furnished by such utilities and to collect the same and all other earnings and revenues of said utilities; provided, however, that whenever any new schedule of rates is adopted for any of the utilities or change or alteration is made in an existing schedule, affecting either a part or all of the patrons of such utility, the Council shall first cause public announcement of such new schedule, changes or alterations, to be made in the official newspaper of the city at least 20 days before such change becomes effective;
(5) To prescribe the time and manner for which payment for all services shall be made, and to provide for the discontinuance and termination of such service in case of non-payment, and in its discretion to require payment in advance for any and all such services. The owner of any property which has upon it any pipes connected with the city’s water works and gas systems, or wires and fixtures connected with the city’s light and power system to convey light and power thereto, or which property is in any way connected with any source of energy supplied by the city, shall, as well as the lessee or occupant of such premises, if any, be liable to the city for the rents or rates for all such services used upon such premises, and such charges shall constitute a lien upon such property and may be recovered in an action against such owner, lessee, or occupant, or against any of them, as may be directed or prescribed by the Council. Nothing herein contained shall be construed to limit the right of the Council to adopt ordinances providing for the certification of such unpaid charges to the County Auditor for collection in the same manner as taxes on real estate; and
(6) To make and enforce reasonable rules and regulations pertaining to such service and the distribution and use thereof, and the operation of said utilities, and to prescribe penalties for the violation thereof.
(Ord. 17-1, passed 2-14-1972)