915ORDINANCE NO. F
AN ORDINANCE ESTABLISHING A WEST MEMPHIS UTILITY
COMMISSION, APPOINTING FIVE (5) RESIDENT ELECTOR
CITIZENS AS MEMBERS AND ONE (1) ALDERMAN TO SERVE AS
I,;3AtIS~`I)A1~ BETWEEN THE COMMISSION AND THE COUNCIL;
PROVIDING FOR THE AUTHORITY TO OPERATE, MANAGE,
AND CONTROL THE WEST MEMPHIS UTILITY DEPARTMENT,
f DECLARING AN EMERGENCY AND FOR OTHER PURPOSES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST
MEMPHIS, ARKANSAS That
Section 1. Repeal: Ordinance No. 830, dated April 17, 1975,
establishing a West Memphis Utility Committee is hereby repealed.
Section 2. Creation: There is hereby created a Utility Com-
mission for the City of West Memphis, Arkansas, to be designated the
West Memphis Utility Commission which shall hereinafter be called the
Commission.
Section 3. Appointments: The Commission shall be composed of
five (5) resident elector citizens and one (1) West Memphis Alderman,
all of whom shall be appointed by the Mayor and confirmed by a majority
vote of the City Council. The Alderman shall serve as liaison between
the Commission and the City Council. The Commissioners shall elect
a chairman and avice-chairman annually to preside.
Section 4. Terms: The citizen elector members shall be ap-
pointed for one (1), two (2), three (3), four (4), and five (5) year terms.
Successor members shall be appointed for a term of five (5) years with
the terms of the initial members to be determined by draw. The term
of the council member shall be for a two (2) year term. Vacancies due
to death, resignation or other sources shall be filled as provided in
~ original appointment.
Section 5. Qualifications: Resident elector citizens to be eligible
for appointment shall not hold or be a candidate for any political or
governmental office while a member of said Commission. They also
must be resident citizens of West Memphis, Arkansas, of legal age, and
Page Two Ordinance establishing a Utility Commission Page Two
upright citizens of the City of West Memphis, Arkansas.
Section 6. Quorum: Three member Commissioners shall
constitute a quorum for transaction of business.
Section 7. Compensation: The citizen Commissioners shall
~, be paid Fifty Dollars ($50. 00) each monthly for their services and shall
be paid for such other expenses which may occur while away from home,
while in the employment of the Commission business.
Section 8. Oath: Before entering upon the duties as Commis-
sinner, each member of the Commission shall take the oath prescribed
by the Arkansas Constitution, in Article XIX, Section 20.
Section 9. Meetings: The Commissioners shall meet once a
month and at such other times as the Chairman or two (2) Commissioners
may direct.
Section 10. Removal from Office: A member of the Commission
may be removed from the Commission by atwo-thirds (2/3) vote of the
Commission for cause.
Section 11. Powers of the Commission: The Commission has
full power to manage, operate, improve and extend the facilities of the
Utility Department and to recommend such pay raises which are deemed
appropriate.
It is the intent of this ordinance that all employment, removal,
promotions and other personnel matters be in compliance with the West
Memphis Civil Service Regulations, CETA (Comprehensive Employment
Training Act) program and the Affirmative Action Plan.
Section 12. Rates: The Commission is authorized to recom-
mend consultants for rate studies to determine what rates are fair and
reasonable for the City of West Memphis, Arkansas.
Section 13. Purchase of Materials: The Commission is em-
powered to purchase such materials, supplies or machinery as it is
necessary and proper for the operation of the Utility Department.
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Section 14. Bonds: Any bonds or notes necessary to the
operation of the Utility Department will be determined by the Commission
and recommended to the City Council for approval or denial.
Section 15. Depreciation and Reserve Accounts: The Commission
k r shall provide adequate depreciation and reserve accounts for the altera-
~•+ tion, improvement and extension of the plant .
Section 16. Surplus.": Surplus, if any, from the operation shall
not be used until such expenditures have first been authorized by resolu-
tion duly adopted by the West Memphis City Council.
Section 17. Reports: The Council member serving as liason
shall report monthly to the City Council on the state of operation of the
Commission and its financial affairs.
Section 18. Financial Affairs: Financial affairs will be under
the control of the City Finance Director who shall be a dual employee
of the West Memphis Utility Commission and the Mayor and City Council.
Section 19. Annual Audit: The annual audit shall be made by the
Sta#e Auditors when feasible and in the same manner or method as the
city audit is compiled.
Section 20. Le al: The City Attorney will be the legal consultant
for the West Memphis Utility Commission.
Section 21. Rules and Regulations: The Commission may adopt
such rules and regulations as it may deem necessary and proper to
supplement this ordinance in the operation of the Utility Department.
Section 22. Fringe Benefits: All fringe benefits, social security,
pensions and retirement shall remain under the control of the Mayor and
the City Council.
Section 23. Bonds secured by Utility Revenues: The provisions
hereof are intended to be consistant with and subject to any covenants of
the city contained in ordinances authorizing or entered into in connection
with bonds secured by utility system revenues.
' •t .
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Section 24. Emergency Clause: It having been found and de-
termined by the City Council of the City of West Memphis, Arkansas,
that considerable controversy has existed in the City of West Memphis,
Arkansas, as to whether or not it is in the best interest of the City of
E` West Memphis to have a West Memphis Utility Commission, and this
Ordinance creating a West Memphis Utility Commission being necessary
to preserve the public health, peace and welfare of the citizens of the
City of West Memphis, Arkansas, an emergency is hereby declared to
exist and this Ordinance shall become effective immediately after its
passage and approval.
PASSED and APPROVED, This--~~ ay of~, 1977.
ATTEST:
___. `'~
City Clerk