(A) (1) Upon the delivery of the waterworks revenue bonds dated December 1,1953, being issued to defray the cost of acquiring the existing waterworks and making improvements thereto, the management and control of the waterworks and sewer systems shall thereafter so long as any of the referred to waterworks revenue bonds and any bonds ranking on a parity therewith are outstanding, be carried on by a Board of Water and Sewer Commissioners, created, appointed, and performing the functions as hereinafter prescribed.
(2) The Board of Water and Sewer Commissioners shall consist of three Commissioners, who shall be persons of outstanding reputation and ability and integrity, who at the time of appointment are owners of real property and tax payers in the city, or a resident of said city for a period of one year, appointed by the Council of the city. The three Commissioners first appointed shall meet and select by lot their terms of office, which shall be for two, four, and six years respectively, from the first Monday in January, 1954. From and after the date of the commencement of the terms of office of the three Commissioners first appointed, the provisions of this section shall govern and control in the joint administration and operation of the municipal waterworks and sewer systems of the city, except the funds derived from the sale of bonds to be used for acquisition and initial improvements of the waterworks system. In the event of a vacancy and also at the expiration of the term of office of any appointed Commissioner, a successor shall be appointed by the Council. All vacancies shall be filled for the unexpired term and all other succeeding appointments shall be for terms of six years. A majority of the Board at any meeting shall constitute a quorum. The Board may adopt rules and by-laws for the time and place of its meeting and the conduct thereof. All appointments shall be until their successor shall have qualified. Any Commissioner by appointment shall be eligible for reappointment upon the expiration of his or her term, but any person who shall have held an elective office of the city shall not be eligible for appointment to the Board until at least one year after the expiration of the term for which he or she was elected. Each appointed Commissioner shall be removable for cause by the recorded vote of a majority of the members of the City Council, after a hearing.
(3) At the first meeting of the Board and annually thereafter, it shall organize by the designation of one of the Commissioners to act as Chairperson and another to act as Secretary. The Chairperson shall preside at all meetings when present and shall call special meetings of the Board. Provisions shall be made for holding at least one regular meeting each month, of which special notice need not be given. The Secretary shall keep a record of the proceedings of the Board which shall be available for inspection as other municipal records. Any Commissioner failing to attend four successive regular meetings without cause acceptable and approved by the Board shall be thereby automatically removed from office and the vacancy shall be filled as hereinbefore provided.
(4) The Board of Water and Sewer Commissioners shall have full and complete supervision, management, and control of the municipal waterworks and sewer systems of the city, including joint administration, operation, and extension thereto. All contracts for construction or purchase involving the sum of $2,000 or more and all contracts for fuel or electricity extending over a period of six months or more shall be authorized by the City Council only upon the recommendation of the Board of Water and Sewer Commissioners. All bills for water and sewer services shall be collected and accounted for by the Board of Water and Sewer Commissioners in the manner and form required by law, and all collections shall be deposited with the Treasurer of the city or as he or she may direct. The revenues of the municipal waterworks and sewer systems shall be kept separate. The municipal waterworks and sewer systems shall be operated on a fiscal year basis, commencing on July 1 of each year and ending on June 30 of the succeeding year, and at least 30 days prior to June 1 of each year the Board of Water and Sewer Commissioners shall cause to be prepared and adopt a detailed budget of the estimated amount of money to be collected and the amount and purposes for which expenditures are to be made in connection with the joint operation of the waterworks and sewer systems for the next ensuing fiscal year, which budget shall be filed with the City Clerk for approval by the City Council, provided, however, the Council shall have the right to call for additional reports covering the activities of the Board of Water and Sewer Commissioners whenever and as often as it may order. As a separate revenue bond issue is outstanding and payable from the earnings and revenues of the sewer system and a separate bond issue dated December 1, 1953 is to be outstanding and payable from the earnings and revenues of the waterworks system, it is necessary that the Board of Water and Sewer Commissioners provide for the keeping of separate records for the revenues and expenses of the waterworks system and separate records showing the revenues and expenses of the sewer system. The receipts and disbursements of the waterworks and sewer system shall not be intermingled and shall be kept separate and apart from all of the other funds of the city. No contract shall be entered into or waterworks or sewer revenue bond issued for extensions, improvements, and replacement without the recommendation and approval of the Board of Water and Sewer Commissioners. All disbursements for account of the waterworks and sewer systems shall be ordered paid out only on approval of the Board of Water and Sewer Commissioners.
(5) The Board of Water and Sewer Commissioners shall have power to employ, fix the compensation of the discharge of a Superintendent, and through such Superintendent to direct, to employ, fix the compensation, and discharge all employees of the Waterworks and Sewer Department. The Superintendent shall perform such duties as may be conferred upon him or her by the Board of Water and Sewer Commissioners.
(6) Each Commissioner, as such, may receive compensation for his or her services as may be fixed from time to time by the Board of Water and Sewer Commissioners.
(7) The City Council enacts this section for the assurance and protection of the citizens of the city and for the purpose of assuring the holder(s) of the waterworks revenue bonds of the city dated December 1, 1953, and additional bonds ranking on a parity therewith that may be outstanding of an efficient operation of the municipal waterworks and sewer systems of the city. This section shall constitute a contract with the holders of the city waterworks revenue bonds dated December 1, 1953 and no amendment of this section shall be enacted unless same shall have been approved in writing by the holders of at least 51% of the principal amount of the waterworks revenue bonds or bonds ranking on a parity therewith then outstanding, and a copy of the proposed amendment shall have been theretofore published in a newspaper of general circulation in the city at least once each week for four consecutive weeks and a hearing had thereon at a meeting of the City Council.
(B) (1) The sewer system shall be turned over to the Water and Sewer Commission for operation, maintenance, and expansion, together with all books, accounts receivable, money on hand, and in the bank accounts heretofore carried by the city for the operation of the sewer system.
(2) The Water and Sewer Commission is now hereby authorized and directed to operate the sewer system in conjunction with the water system and render bills for service to customers on the same bills rendered to customers for water service, and impose upon customers who delay payment of bills the same delayed penalty as that provided for non-payment of bills for water service, to wit: if not paid within ten days after date of bill, 10% delayed payment penalty shall be added to the amount of the bill; if a delinquent bill is not paid within 15 days after a rendition thereof, the Superintendent or other officer or agent of the Commission in charge of operation of the sewer system shall cause water service to the premises served to be discontinued or shut off, and an additional fee or charge of $25 shall be made and collected for reinstating water service when any delinquent bill or bills are paid. The City Attorney is hereby directed and authorized to enforce and collect any charges remaining delinquent for 60 days by any legal method he or she desires to pursue.
(3) All funds collected for sewer service rendered shall be received by the Water and Sewer Commission and deposited in the various bank accounts provided for by the sewer bond ordinance, as appears of record in Ordinance Book No. 2 on page 15, in the City Clerk’s office.
(4) The City Water Clerk is directed to furnish to the City Attorney a list of all delinquent sewer accounts, and the City Attorney is authorized and directed immediately upon receipt of a list of delinquent sewer accounts to notify all customers whose bills are delinquent of the passage of this section, and all penalties hereby adopted for non-payment of delinquent sewer bills, and take such legal action as may be necessary for the collection of bills, in addition to such steps as may be taken by the Water and Sewer Commission.
(5) In the operation, maintenance, extension, and improvement of the sewer system, the Water and Sewer Commission shall have the right and is authorized and directed to use all city officials and employees and all water system officers and employees, and all persons who are in any manner obligated by law to perform work or labor on city projects. The compensation to be paid by the Commission for the services of the officers, employees, and other persons shall be fixed by mutual agreement between the Commission and the City Council.
(Prior Code, § 36.04) (Ord. passed 11-12-1953; Ord. 150.2, passed 5-6-1954; Ord. 140.1204, passed 12-12-2004)