[Ord. 2886, §3; Ord. 3699, §1; Ord.
3941, §1]
There is hereby established, within the city, an executive department
to be known as the Board of Public Works.
[Ord. 630, §1; Ord. 2886, §3; Ord.
3699, §1; Ord. 3941, §1]
(a)
The
Board of Public Works shall consist of four (4) persons, who shall
be appointed by the mayor and confirmed by the city council as other
appointive officers of the city are appointed and confirmed.
(b)
Each
member of the Board so appointed under this Article shall receive
a salary for his services commensurate with the compensation provided
members of the City Council as established by ordinance
[Ord. 2124, § 1; Ord. 2221, §1; Ord.
2886, §3; Ord. 3699, §1; Ord. 3941, §1]
(a)
The
members of the Board of Public Works shall hold office for a term
of four (4) years or until their successors are appointed and qualified.
(b)
Vacancies
in the Board of Public Works, occasioned by removals, resignations
or otherwise, shall be reported to the mayor and be filled in like
manner as original appointments, except that if the vacancy is an
unexpired term, the appointment shall be made for only the unexpired
portion of that term. Consistent with RSMo 77.340 the mayor may, with
the consent of a majority of all the members elected to the council,
remove from office any appointive officer of RMU at will; and any
such appointive officer may be so removed by a two-thirds (2/3) vote
of all the members elected to the council, independently of the mayor's
approval or recommendation.
[Ord. 630, §3; Ord. 2886, §3; Ord.
3699, §1; Ord. 3941, §1]
The members of the Board of Public Works shall be electors of
the city who have resided therein for a period of two (2) years before
their appointment. Not more than two (2) members of the board shall
belong to the same political party and its administration shall in
all respects be entirely non-partisan. No member shall hold any other
city office, either by appointment or election, during his official
term as a member of the board and any member of the Board of Public
Works who shall accept a nomination or appointment for any other city
office during his official term, shall be deemed thereby to have resigned
as a member of the board and his membership shall thereby be, ipso
facto, vacated.
[Ord. 1037, §2; Ord. 2886, §3; Ord.
3699, §1; Ord. 3941, §1]
The Board of Public Works shall have full power and it shall
be its duty, to take charge of and exercise full control over the
waterworks, electric light and power system owned by the city or any
other public utility which it may hereafter acquire or develop and
all appurtenances thereto belonging and shall enforce the performance
of all contracts and work and have charge and custody of all books,
records, property and assets belonging or pertaining to such public
utility, as provided by chapter 91 of the Revised Statutes of Missouri.
It is the intention of this provision to confer full power and authority
on the Board of Public Works to operate the utilities, except as may
be otherwise provided by law, regulation, or ordinance. Nothing herein
shall be construed to authorize a sale of said utilities without a
vote of the electorate of Rolla; however, said Board may provide for
the sale or other disposition of any useless, obsolete or surplus
supplies, equipment, or real estate not needed in the current or future
operation of such utilities. The disposal of real estate shall be
in the same manner prescribed by ordinance for other City property.
[Ord. 1037, §3; Ord. 2886, §3; Ord.
3699, §1; Ord. 3941, §1; Ord. 4206, §1]
In the process of operating public utilities, the Board of Public
Works is vested with full power and authority and authorized to manage,
control, and operate such public utilities, and by way of description
but not of limitation, to make such repairs, replacements, additions
or extensions of service as it may deem proper for the public good,
to enter into contracts with other public and private entities for
the purchase of their product or the sale thereto subject to limitations
prescribed in Sec. 35-164, to purchase operating supplies and equipment,
the full power and authority to employ such labor as may be necessary
in its behalf and prescribe and fix the compensation for said services
necessary to operate said utilities and the power to negotiate and
approve the acquisition of any interest in real property where the
consideration to be paid by the City does not exceed the sum of one
hundred thousand dollars ($100,000.00) per acquisition or transaction.
(a)
The
Board of Public Works shall jointly give an indemnity bond to the
city for the faithful performance of their duties and the faithful
accounting for all funds coming into their hands in such sum as required
by the City Council, the expense of which shall be paid out of special
utility account without expense to individual members of the board;
however, should the board members be covered by a blanket bond or
insurance coverage to the same extent, this bonding requirement shall
not apply.
[Ord. 1037, §10; Ord. 2635, §2; Ord.
2886, §3; Ord. 3699, §1; Ord. 3941, §1]
(b)
It
shall be the duty of the board to require such employees as it may
designate to obtain an indemnity bond in such amount as required by
the Council. The cost of such bond shall be paid by the public utilities;
however, should such employees be covered by a blanket bond or insurance
coverage to the same extent, this requirement shall not apply.
[Ord. 1037, §9; Ord. 2635, §3; Ord.
2886, §3; Ord. 3699, §1; Ord. 3941, §1]
[Ord. 1037, §5; Ord. 2886, §3; Ord.
3699, §1; Ord. 3941, §1; Ord. 4206, §1]
(a)
It
shall be the duty of the Board of Public Works to make up an account
monthly of all revenues, obligations and expenses incurred by the
Board, in operating the utilities, including gross monthly total payroll,
setting forth in items, the amounts due, to whom and for what service
or account. Such statement of accounts shall be examined, checked,
and certified by the Board for payment, as true and correct;
(b)
The
Board shall submit monthly Board meeting minutes to City;
(c)
No
less than once per calendar quarter the Board shall make a public
presentation to the Council a report that contains, at a minimum,
key financial statements, status of pending projects, energy supply
issues (i.e. MoPEP), energy market conditions and potential issues
impacting RMU, City, and the citizens of Rolla. In addition, no less
than annually the Board shall submit comparative utility rate information
relative to a sampling of other MO cities and cooperatives.
(d)
As
needed and in confidence the Board will keep Council informed of pending
real estate purchases where the consideration to be paid by the City
exceeds the sum of one hundred thousand dollars ($100,000.00), per
acquisition or transaction, and of pending litigation, including the
potential need for eminent domain. Property transactions included
in the endorsed budget do not require City Council notification, unless
there is a serious potential for adverse impact on surrounding properties.
[Ord. 1037, §1; Ord. 1481, §1; Ord.
2076, §1; Ord. 2731, §1; Ord. 2886, §3; Ord. 3699, §1; Ord. 3941, §1]
(a)
The
Board of Public Works shall select, employ and fix the salary of a
general manager. The Board shall employ all necessary employees, including
engineers, inspectors, clerks, and others, to carry on and operate
all public utilities under its control. The Board of Public Work's
appointed general manager shall fix the hours and duties of engineers,
inspectors, clerks and other employees and shall fix their compensation
not to exceed the prevailing wage paid for the employees' respective
classification in the general area of the City or by other cities,
public entities, and public cooperatives of comparable size. The general
manager shall have the day-to-day duty and responsibility to manage
the utilities subject to the authority of the Board. No individual
member of the Board shall request or recommend the employment, retention,
promotion, reduction or discharge of any employee.
(b)
It
is not intended or expected that the Board of Public Works shall pay
the maximum salaries fixed but it is intended that the board shall
employ only the necessary number required and pay them just compensation
for their services, consistent with a compensation strategy and plan.
The general manager will disclose and discuss with the city administrator
any significant changes in compensation strategies or benefit plans
prior to implementation.
[Ord. 3699, §1; Ord. 3941, §1]
(a)
The
Board of Public Works shall be solely responsible for the preparation
and adoption of the Rolla Municipal Utilities Annual Operating Budget.
Said budget shall comply with all applicable state laws pertaining
to adoption. Prior to the Board approving the annual budget, the Board
of Public Works shall schedule a public hearing on the proposed budget.
No less than thirty (30) days prior to the effective date of said
budget the Board of Public Works will present a copy of said approved
budget in its entirety to the City Clerk and Council for consideration.
Upon consideration of the budget by council, the City Council may
elect to endorse said budget in its entirety by resolution. If no
action is taken to endorse said budget within thirty (30) days of
receipt, the budget shall be deemed endorsed. Failure to endorse said
budget by resolution will not delay implementation thereof.
(b)
The
Board of Public Works may amend said budget once endorsed. Prior to
the Board approving the amended budget, the Board of Public Works
shall schedule a public hearing on the amended budget. No less than
thirty (30) days prior to the effective date of said amended budget,
the Board of Public Works will present a copy of said amended budget
in its entirety to the City Clerk and Council for consideration. Upon
consideration of the amended budget by council, the City Council may
endorse said amended budget in its entirety by resolution. If no action
is taken to endorse said budget amendment, the budget shall be deemed
endorsed. Failure to endorse said amendment by resolution will not
delay implementation thereof.
(c)
All
financial records shall be audited in compliance with all GASB rules
and in conjunction with the City's annual audit. The Board shall submit
the annual audit to Council.
[Ord. 3941, §1]
(a)
The
assessment and collection of rates for water, electric, electric power,
electric light or for the production of service of any other plant
or works which the city may own or operate, shall be under the control
and supervision of the Board of Public Works subject to this Code
and other ordinances of the City. Prior to the Board approving any
rate adjustment, the Board of Public Works shall schedule a public
hearing on the proposed rate change. At the first available monthly
City Council meeting, in the month immediately preceding the implementation
of a change in rates for any service not otherwise submitted in the
annual budget per Sec. 35-165, the Board of Public Works shall present
the rate adjustment to the City Council for consideration. Upon consideration
of the proposed rate change, Council may elect to endorse said rate
change by resolution. If no action is taken to endorse said rate change
prior to the effective date, the proposed rate shall be deemed endorsed.
Failure to endorse said rates by resolution will not delay implementation
thereof.
[Ord. 630, §11; Ord. 2886, §3; Ord.
3699, §1; Ord. 3941, §1]
(b)
Assessment
and collection of cost adjustment charges may be considered and shall
be under the control and supervision of the Board of Public Works
subject to this Code and other ordinances of the City. Prior to the
Board approving any cost adjustment clause, the Board of Public Works
shall schedule a public hearing on the proposed methodology to be
used in calculating said adjustment rate. At the first available monthly
City Council meeting, in the month immediately preceding the implementation
of a cost adjustment clause for any service not otherwise submitted
in the annual budget per Sec. 35-165, the Board of Public Works shall
present said cost adjustment clause to the City Council for consideration.
Upon consideration of the proposed cost adjustment clause, Council
may elect to endorse said adjustment clause by resolution. If no action
is taken to endorse said adjustment clause prior to the effective
date, the proposed cost adjustment clause shall be deemed endorsed.
Failure to endorse said cost adjustment clause by resolution will
not delay implementation thereof. After the effective date of any
approved cost adjustment clause, the Board of Public Works shall implement
said adjustment clause as prescribed with no further review required.
[Ord. 1037, §4; Ord. 2886, §3; Ord.
3699, §1; Ord. 3941, §1]
In the process of operating the utilities, as provided in this
Article, it shall be the duty of the Board of Public Works, through
its servants and employees, to collect all sums due for services rendered
and on all accounts in connection with the operation of the utilities
and all sums so collected, shall be deposited by the Board to the
credit of a special account, to be known as the public utility account.
The Board shall periodically but no less than every five (5) years
bid out the utilities' banking depository.
[Ord. 1037, §4; Ord. 2449, §1; Ord.
2731, §2; Ord. 2886, §3; Ord. 2897, §2; Ord. 3699, §1; Ord. 3941, §1]
All bills and expenses in connection with the operation of the
utilities shall be paid out of the public utility account, which shall
be under the general control of the Board of Public Works. No sums
shall be paid, except upon checks drawn by any member of the Board
of Public Works. The Mayor or City Clerk shall be primary signatory
in the absence of a Board member primary signature. All checks shall
be countersigned by the Board of Public Works' appointed general manager
or in the absence of general manager, the RMU operations manager or
business/finance manager.
[Ord. 4023, §2]
(a)
There
shall be transferred monthly from the public utility account, to the
general revenue fund of the City, an amount equal to five percent
(5%) of the gross receipts of basic water service and five and one-half
percent (5.5%) of the gross receipt of electric service, which shall
become a part of the general funds of the City to be used for any
and all general purposes including street and traffic lighting costs.
The rate for electric service will be reduced to five percent (5%)
after twelve (12) months (effective twelve (12) months after the effective
date of this ordinance). The purpose of this monthly transfer is to
take the place of the franchise tax and general property tax heretofore
paid by the Missouri General Utilities to the City. "Basic water and
electric service" shall include those operating revenues generated
from the residential, commercial, and industrial sale of water and
electric service (including the service availability fee or other
like receipts or operating revenues serving the same purpose). In
turn, RMU shall bill the City for utility billing services, water
hydrant consumption, and street lighting services on a monthly basis.
Said services shall be agreed upon by the City and Board of Public
Works and accounted for accordingly.
[Ord. 1037, §6; Ord. 2886, §3; Ord.
3699, §1; Ord. 3941, §1; Ord. 4023, §1]
(b)
This
ordinance shall be in full force and effect from and after November
1, 2011.
[Ord. 1037, §7; Ord. 2886, §3; Ord.
3699, §1; Ord. 3941, §1]
Whatever remains in the public utility account and whatever
may accrue, shall be at the disposition of the Board of Public Works
for the operation of the public utilities, making improvements and
betterments and extensions and to do all things that in their judgment
is for the best interest of the utility and for the further purpose
of paying all interest and principal on account of the indebtedness
incurred by said utilities. It is the intent of this provision to
accumulate a reserve fund consistent with good operation of said utilities.
Establishment of said reserve fund shall be disclosed to the Council
and public through submittal of monthly financial statements. The
reserve fund shall be at the disposition of the Board of Public Works
for the above purposes.
[Ord. 1037, §8; Ord. 2886, §3; Ord.
3699, §1; Ord. 3941, §1]
Where no restriction is specially provided by this Code or other
ordinance the board shall have full power to contract for and provide
all necessary labor and material and supplies as it may deem necessary
and submit its account for allowance and payment out of the special
public utility account as provided in this Article.
[Ord. 630, §10; Ord. 2886, §3; Ord.
3699, §1; Ord. 3941, §1]
(a)
The
doing of all work and furnishing of all supplies for the waterworks,
electric power and light plant or any other plant or work which may
be under its supervision or control, shall be let out by the Board
of Public Works in the same manner as other public works are let out,
except in cases where it is not practicable to do such work or furnish
such material by contract. Except as herein provided all contracts
and long-term financial obligations (those exceeding one (1) year
in duration) in excess of one hundred thousand dollars ($100,000.00)
shall be submitted to the Council for approval, under such restrictions
and regulations as may be provided by ordinance.
(b)
Exceptions:
(1)
Endorsement of the budget by the Council authorizes the expenditure
by the Board of Public Works for all purchases, and supplies included
in said budget;
(2)
All long-term financial obligations once endorsed by Council shall
be paid by the Board of Public Works (i.e. multi-year obligations
or power supply contracts);
(3)
Emergency procurement in excess of one hundred thousand dollars ($100,000.00)
shall not require approval of City Council. The Board of Public Works
shall notify the Council of emergency procurements at the next available
Council meeting.
[Ord. 3779, §1; Ord. 3941, §1]
Customers moving out of the service area with an uncollectible
bill shall be responsible for all collection fees and/or attorney
fees plus court costs and interest.