(A) To the extent there is no constitutional or statutory provision requiring a specific manner for exercising the power to acquire, construct, improve, control, operate and maintain a communications system, the Common Council hereby prescribes that the specific manner for exercising the power to acquire, construct, improve, control, operate and maintain a communications system shall be as follows.
(1) A separate operating division of the city to be known the Telecommunications Division is hereby established for purposes of acquiring, constructing, improving, controlling, operating and maintaining a communications system. The revenues and expenses of the Telecommunications Division shall be accounted for separately, and all revenues of the Telecommunications Division shall be deposited into a separate fund hereby created and designated as the Telecommunications Fund of the city.
(2) The operations of the Telecommunications Division and the acquisition, construction, improvement, control, operation and maintenance of the communications system shall be administered by the Utility Service Board of the city (the “USB”). The USB shall approve all contracts related thereto and all expenditures from the Telecommunications Fund.
(3) All service charges and user fees for the communications system shall be established by ordinance of the Common Council of the city. No service charge or user fee shall be greater than that reasonably related to reasonable and just rates and charges for services for the communications system.
(4) Any bonds, notes or other indebtedness incurred in connection with the Telecommunications Division shall be authorized and approved by the Common Council of the city in the manner provided by law.
(B) Any officer of the city shall be, and hereby is, authorized, empowered and directed, on behalf of the city, to take any actions as the officer deems necessary or desirable to effectuate this section, and any actions heretofore taken are hereby ratified and approved.
(Ord. 04-04, passed 8-9-2004)