(a) Establishment of Board. There shall be a Board of Public Affairs consisting of three (3) members, each of whom shall be a resident and qualified elector of the City, appointed by the Mayor, subject to approval by Council: one (1) for a term of one (1) year, one (1) for a term of two (2) years, and one (1) for a term of three (3) years. Each year thereafter, the Mayor shall appoint one (1) person, as successor of the member whose term expires, to serve a term of three (3) years, subject to approval by Council. Any vacancy shall be filled for the unexpired term. The Mayor, at any time, may remove any member from office for misconduct, neglect of duty, malfeasance in office, or other cause, subject to approval by Council. Board members shall serve without compensation, except as may otherwise be provided by Council.
(b) Duties. The Board of Public Affairs also shall have those powers and perform those duties as provided for in the City's Charter and those other duties as Council may provide by ordinance or resolution, including specifically, to advise Council about rates, fees, charges, improvements, rules and regulations pertaining to utilities owned or operated by the City and to review and recommend approval of billing determinants applicable to electricity.
(c) Council's Inherent Authority Regarding Utilities. Nothing in this section shall be construed as to limit Council's power and authority to pass legislation in regard to any subject matter contained in this section that may be inconsistent to the advice and recommendation of the Board of Public Affairs. Further, Council is not barred from acting on any legislation concerning any subject matter contained in this section, nor is the City Manager barred from acting pursuant to Section 105.03 when an emergency arises concerning the health, safety or welfare of its citizens. In the event Council intends to act on any legislation concerning any subject matter contained in this section as a result of an emergency condition, if time permits, Council shall prior to acting on any such legislation, submit the issue constituting an emergency to the Board and request that the Board hold an emergency or special meeting to consider the same. If the Board does not respond with a recommendation in a timely manner, Council may act without a recommendation. What constitutes an "emergency" and what constitutes a "timely manner" is in the sole discretion of Council.
(Ord. 65-01. Passed 6-18-01.)