HomeMy WebLinkAboutOrd1950-202
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ORDLL. NC,~ tw. 2m.?
r~l O;",i)IlhNCii; TO Cf(i<;LTE FOh 'l'fiS CI'l'Y OF S~.;"Hl), liL>\.SK " , 1\ UTILITY
B01\.RD; TO D!~LJGlirI'!!; ,;\lJ) TO DEt"Ij,~ls 'rr1~ PO,;D>~':) :,'liD JU, L:,) OF t;T},)E
BOARD; TO PROVIDe: B'OH 'i'Hl:!: ;viEdb2R:::;rHP 'I'n~B.j;OF; "j~;: TO PE3S0HI8i;
T;lJ-::.;L:~:.:iI~ H GJlli.LL 0CV~Rl' i..,I;) ["'),,"(1) IT,=, P[W''':;~' ~DINGS.
BE 1'1' Ul{D ,IN3D By tnA 'Jm'lT'10n CouDci 1 of thp ai ty of lof3''lflrd:
Sectio" 1. '1'hf3re is hprAby crfl8ter1 to m8na~e and OpArate the
muntcipAl electrical utility syste'D. "tnu 211 public utilitiAS now or
hereafter o~ned by ~h9 City of Seward, pursuant to the provicions
of Chapter 92, Session Laws of Aloska, 1949, as 8ffionded, a board to
be known as: Seward Utility 3oard.
Sect~,on 2. All propertief' Bnd bUE~,ness affairs of thCl municipal
electrical ~tility subject to the ruleE, regulntions, Bnd limitRtions
hereinAfter prescribe.~, ere herAby co~mit~i te tne jurisdiction,
management and supervision or s~id board.
bection 3. .::iaie bocrd shall hp cor1Dosed of five members, one
o~ whom shall be elected annusllv at P8ch ~energl municip~l election
to servo for p term of five year~. The fi~st board to b~ established
'mder this orciinence Rhal1 be elAct0d 9t ':J RpeclPI 81ection to be
c2llei for that purpose in Bccordancp with the or~tncnces of the City
of oewBrd. ht such speciel election, one member shall be elected
to serve for? term of' one vP<lr, one to sprv'" fQr a term of t;i/O years,
one to Serve for 8 term of three ye8rs, areta serve for p term of
four yearp J <md ene to Ferve for r., ter:ll of five ye"rs, 8n',l the length
of.ti~e for ~hich eech member shall serve is to be designAted on
the ballot for such E~eci21 election. ~?~r, cpndidate who aspires
to become 3 member of said Doard sh?ll declarp his cdnciidacy for one
term only.
bection 4. To be eligible for electio~ ~o said boqrd, every
cenrtidste shell be R registere.~ 0nd ~ualifie~ elector of the Gity
of ~eward in accor~qnce ~ith the ordinqnces of sid Oity prescribing
the cualific, tions of 'l13ctors.
Any member of' sai,d DN,rd "'1110 shall beco:1e'isquelified 8S an
elector in said Oit; sh~ll forth~ith forfeit his ~~~bership on said
Board 9nd shall i~medi8t81y surrE~~8r his o~fice.
~ection 5. Each ~qndidqte for sai, B08rd, upon bein~ elected
and Before 8ssuminQ the duties of his office, shall take end subM
saribe cn oqth or ~ffirmtion ryhich shall be in form subst8ntially
8S follows: Ill, , :50 solp,nn1:r S','.'2C'Y' (or affirrrl) t~,?t
I will support the ConstitutioD of the 0nited citates, nnd thet I
will support the Ipqs of' the ~erritory of AlRsk , qnd will, to the
best of my abilit;" f8ithfully und honestly perfor'll the duties of
the office of durin~ ~y continuBDC8 therin, ~O H~Lf RE
GOry. II
3r-ch c,-Jndidate ele(~t0rl sh81J, upon tcd-:inl~ the requi.rec1 oath,
aSSUi18 the "iuties of his officA on tre "irst !JondRY follOiiling the
8nnuRl muniaip ,: election fro'n which d:'lY hie; ter,il sh<)ll be deemed
to run.
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uectinn 6. baid BNlrd shall mer:t rpl2'ulHr1\' 011 the ~,nd TuesdAY
of AI' ch Bod G\'ery :!lOntil, at 'Ghe flour of 8:00 01- clock p.m. fJ;eetings
of the 303rd may be held, UDon notice to all ,ae'J.bers, c,t Euch other
tir~,e~ 3S the cheirman or a majority of ths Doard shall reouire.
Section 7. A cheirrllan shall -"!,nnually be elected by said Board
end such chairmen shall preside at all meetings. One member of the
Board shall Annually be elected as secret3ry of the Board; he shgll
record the minutes of ~ll ~eetin~s, And keep all records of the pro-
ceedings of the Bo?rd. The election of such officers of the Board
shall be held st the first regulAr meeting of said BOBrd After e~ch
annual municipal election.
Section 8. All meetings of the Board shall be public 8no hGld
in the Council Ohambers as herein provided, &nd all proceedings by
and before the Board shall be recorded ~0d permanently retained in
the offic~s of the City of Seward, 8nd shall at ?ll times be nvail-
able for public inspection and 11se.
Section 9. A ~Ajority of the membership of s8id Board shall
constitute a quoru~ for the transaction of all business, and the
chairman sh?ll have a vote upon all matters.
Section 10. The Board shall have the power, consistent with the
rr~visions of this ordinance, to ado~t rules governing the conduct
of its meetings, attendance And rewovel of members. Any member who
shall fail to attend ~eetings for e period of ninety (90) d~ys with-
put good eeuse or noUc", to the Board shall be forthwith removed.
Upon removel, de8t~, or reEignation of any member, the vacancy there-
by created shall be filled by 8 majority of the remaining rO'lmber8 of
the Board until the next general ~unicipal election, at which election
a nember shall be elected to fill the unex']ired tero. If" tioe re~Rin-
in~ members cennot agree upon an apPointee-to the Board, they shall
call a speciel election for the purpose of fillinz such vacancy.
Any such election shall be c811ed by the Board and held in accord'nee
with the or4inpnces of" the City of Se~prd governing general and
speci21 elections.
An~ ~Amber who is subject to removal fro~ the Board, as herein
provided, shall be cited to appesr before a mo~ting of the Board and
shall be given en opportunity to defend the charges against him. If
he shall fail to appear or if he shall fail to justify his f~ilure to
attend Board me8tin~p, the members shall forthwith, upon majority
vote, declare the offica o~ such ~ember vecant snd proceed in qccord-
snce with the nrovisions of this ordinFnce.
Sectionl!. The follo'"7in[! Ehf'll be the order of business 8 t all
meetings of the Board:
1. Roll call.
2. Reeding, correcting, and approvinf the ~inut8s
of the nrevious meetings.
3. Consideration of unfinished business.
4. Considerstion of new businAss.
5. Re8ding ann consideration of reports and
rs\\orn:nendetions of the generEtl '!lanap;er.
6. .Adjo11rp'1'ent.
bection 12. Roberts Rules of Order shRll be the authority or
parliamentqry rules 8nrt procedure of t~9 Boerd, pnd no stsnding
rule or order of the Board sh~ll be rescinded or suspended except
UDon vote of at leAst four (4) members of th8 Board. All illstters
b~fore th~ Board shall be voted upon; each member shall vots, and
the vote of e8ch member' shall be recorded in the minutes of every
meeting.
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Section 13. The rJoard shall appoj.l"t f' m8na~er whose term sh911
not exceed five (5) years Bnd nhose salary shsll-be fixed b~ the
board. 6uch :n::mager shR 11 be subj ect to removp 1 a t ~'ny tim~ by
majority vote of said Board. Before eny ,-",nager :;;h'.ll be removed he
shall, upon his renu9st, be per~itted to apppsr before the Board
ta ~~r~er ~0mplaints against him. ouch hearing shall be public, 8nd
the Board shall, upon hearing all issues, vote upon the questions
of dismissFl. If 0, 1l'.ajority of the BO~lrd, by recorded vote, sh<=<ll
fpvor disf;1issal, the f1!f"nager shall h3 ~iDchf'rged forthwith; otherwise
he shall be allowed to retain his position.
Section 14. The manap:er, subject to regulstions proomlg9ted by
the boarn, shall be responsiblfl for the "Tnagement, operation, and
maintenance of all utilities under the jurisdiction of the Board; he
shall select pll subordincte employees and be responsible for their
services; he shall, with the approval of the Board, establish compen-
sation of other employees. He shall direct and coordinate the services
of al,l utility employees; maintain all employment records required
either by lAW dr the Board to be kept Dnd file All reports required
by any govern'll.ent agency. He 8h'311 report monti11y to the Board, enforce
p3yment of all accounts owed for services rendered, and perform such
serviees as 8"id .t:>oard may, at any time, require.
'The mEnageI' sh811 furnish p surety bond, the premium of which
shall be pqi~ by the BOArd, in the sum or Ten T~0u28nd Dollars (ilO,OOO)
for the faithful and honest perforr'lanc'l of his cutifls. He Sh311 be
responsible for the collection of all utility bills from customers
and for 311 supplies, inveDtories, ~8teri81s and equipment acquired
for and exuended by the utility in the usual course of business. All
collections by him shall re~u18rly, 8S the DOA~d shall require, be
deposi ted wi tl.1 the BAnI: of ::lewerd in an Rccount designa ted: Seward
Public Util i ty A~count. All r.isbursements from Sf:l id account shAll be
upon vouchers co-ci~ned by the chairr'lan of the board and the rn<'1nager.
Set'tion 15. The Board shAll i:1pose and collect such r~tes for
utilities services rendered to different classes of consumers as th3
Council of the Oity of Seward shall hereafter estAblish. The time
and p13ce of ~8y@ent of utility bills and fees to be paid for 6is-
continu9nce or resumption of~rvice upon non-payment of such bills
shall be established hy the Board subject to disapproval thereof by
the Oouncil.
Section lB. All existing properties of the Seward muni~ipal
electrical utility And all future acquired ?dpi tions, replacementR,
improve~ent8 end b~tterments~ incl~ding both generation and dist-
ribution f8c~litiefO, are hereby placed unrler the jurisdiction, mbn-
agement 9nd supervision of SAid Board.
All contracts for the ?~q~isition of additions, rep18c~~pnts and
improvements to g.-,id utility, befor~ 8pproval, execution 8nd delivery
by the Board, sh911 be m0de in the name of the Oity of Seward and be
first 8p~roved by the Oouncil or voters of the City of Seward, "S the
general ordinences of s9i-1 city mey require. Purchase of er,ui!"l!1'}ent,
!'laterif'ls, and supplies shedl be Lccomplished in 8ccordanfOP with tl1e
ordin~nces of the Oity of 0ew8rd requiring competitive bidding snd
such ether ~onci8tent procedurs3 5S the board msy establish.
In matters of operation and management the aut~ority of the
Board sh''l11 be autorlO~OUS, and in such matters the decisions of the
Board sh811 not be suhject either to review, modification or rejection
by the Oity Oouncil
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> Section 17. All o~cjnances in conflict here~ith are hereby
repealed.
Section 18. This ordinance shell take effe~t 2nd be in full
force from and after the date of its p8SS :!Sa C\UG qpproval.
Passed and approved by the Council of the City of Seward this
3rd day of April, 1950.
Attest:
~v~
City l3rk
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ORDINANCE NO. 202
AiilENDMENT TO SECTIONS 13 AND 14, COHCERIU;~G THE ia,,,1~AGE,JE1~rl' .:;'ND OPli:.t.cTION
OF PUBLIC UTILITY SYSTEMS.
BE IT ORDAINED by the Gommon Council of the City of Seward,
Alaska:
Section 13. shall read:
The Board shall appoint managers whose terms shall not exceed
five (5) years snd whose sularies shall be fixed by the board. Such
managers shall be subject to rem:,ov31 at any time by mHjori ty vote of
said Board.
Section 14. shall read:
The managers, subject to reguldtions promulgated by the board
shall be responsible for the management, operntion, an~i maintenance
of all utilities under the jurisdiction of ~he Board; Tney shall select
all subordin':lte employees e.nrj be responsible for their services; they
shall, with the approval of theBoard, establish compensation of their
employees. They shell direct and coordimJte the services of utility
employees; maintain all employment records required either by law oe
the Board to be kept and file 311 reports required by ~ny government
agency. They shall report monthly to the rioard, enforce payment 01'
all accounts owed for wervices renuered, 2nd perform such services as
said Board may, at any time require.
The managers shall furnish e surety bond, the premium of which
sha 11 be pa id by the Board, in the sum of 'Ten Thous,.nd Dollars, ($10.000)
for the faithful and honest performunce of their duties. They shsll
be responsible for the collection of all utility bills from customers
and for all supplies, inventories, materials '.md uequipment acquired
for and e~nded by the Utility in the usual course of business. ~ll
collections by them shsll regularly, as the 00ard shHll require, be
deposited with the First Nstionul Bank of ~nchor8ge, Seward Branch, in
en account designated by the board. ~ll disbursements from said
accounts shall be upon vouchers co-signed by the ch8irmdn~ the Board
and the manager.
PASSED~ND APPIWVED this 20th day of August, 1952. .
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Attest ~ ~
City Glerk