381
ORDINANCE #
AN ORDINANCE TO AI~IET~Tt~ ORDINANCE X292 ~~HICH WAS ENTITLED:
AN ORDINANCE TO PROVIDE FOR THE T~IANAGEP~IET~T, ELECTION AND GOVERNMENT
OF PUBLIC UTILITIES OWiVED BY THE CITY OF ~°7EST P~iEI~'IPHIS, ARKANSAS;
TO PROVIDE Ti-iE METHOD BY Sr`y'HICH THE CITY OF ~'v'EST P3EPdPHI5 SHALL
OPERATE, 1~.;AIvAGE Aiv-D COP7TROL AD'aY PUBLIC UTILITI' I-iEP.ETOFORE OR HERE-
AFTER ACQUIRED BY THE CITY OF ~v'EST MEI~:PHTS; TO PROVIDE FOR FIXING
OF COP~IPENSATION OF THE BOARD OF UTILITY COP~IAiISSIONERS; PRESCRIBE
THEIR DUTIES, TER~1S OF OFFICE ATti-`D QUALIFICATIOT~t5; AND IN GENERAL
TO ESTABLISH A SYSTEI~t FOR THE OPERATION, REGULATION AND CONTROL
OF THE PUBLIC UTILITIES O~tifiIE> OR TO BE OV~7NED BY THE CITY OF WEST
hZEl%1PHIS UNDER A BOARD OF UTILITI' COT~IP-iTSSIONERS
C~~~iEREAS, a commission to operate, control and supervise
the municipally owned water, sewer, and electrical distribution
systems of the City of tivest riemphis was created by the City Council
by Ordinance X292, adop'~ed December 21, 1954, and said Ordinance
provided for the T~Iayor to serve as chairman of said commission and
failed to specifically designate terms of office of the five (5)
commissioners therein provided for; and,
~•~i-iEREA5, the Tfiayor i~as previously presided over meetings
of said commission, but has not voted or otherwise acted as a member
of said commission, and,
4~'HEREAS, the City Council, at the time of the adoption
of said ordinance, appointed Charles J. Upton, Toney Peters, A.
P. Dacus, Leonard V~~arden, Sr. and John ~~7ood as members o= the
commisson created thereby, and, although the terms of office of
said commissioners were not designated in the ordinance, through
inadvertence, tine follovaing terms were actually designated for
said commissioners, to wit:
Charles J. i~ton for a term ending I~iay 17, 1955;
Toney Peters for a term ending r~Iay 17, 1956;
A. P. Dacus for a term ending T~iay 2, 1957;
Leonard ':.arden, Sr. for a term ending P~iay 5, 1958, and
John Vdood for a term ending clay 17, 1959; and
WHEREAS, each of the successors to each of said members
has been chosen for a term of five (5) years; and,
V7HEREAS, it is deemed advisable to correct said ordinance
in the particulars herein above recited, and to cause the same to
reflect the true action of the Council, and,
G'~iEI2EAS, certain changes shall be made in certain other
provisions of said ordinance;
30G'~ THEREi C7RE, BE IT ORDAIi~lED BY THE CITY COUNCIL OF
THE CITY OF WES'T' riIEZTPFiIS, Ai2IiAri~SAS:.
SECTIOY~ I
Section 1 of Ordinance t,'=292 is hereby amended to read
as follows: That there is hereby created a utility commission
of G~Jcst ri~iemphis, Arkansas, composed of five (5) citizens who are
qualified electors of the municipality to be appointed by the
City Council. No member of the utility commission appointed by
the City Council shall hold any elective or other appointive
office under the municipal government while a member of the
commission, nor be a candidate for any elective o-L-fice, city or
county, while a member of said commission.
SECTION iI
Section 2 of Ordinance #292 is hereby amended to read
as follows: The utility commission shall be composed of the
following members for the following terms:
Charles J. Upton for a term ending l~iay 17, 1955;
Toney Peters for a term ending ~ygay 17, 1956;
A. P. Dacus for a term ending I~iay 2, 195?;
Leonard tivarden, Sr. for a term ending hiay 5, 1958, and
John Wood for a term ending I~Iay 17, 1959.
Upon the expiration of the respective terms, their successors shall
be appointed by the City Council for a term of five (5) years.
The board of utility commissioners shall qualify and
take the oath of office within thirty {30) days after their appoint-
ment, and in the event any person appointed as such commissioner
shall fail to qualify within thirty (30) days of his appointment,
his office shall be vacant and his successor shall be appointed
by the City Council. In the event of a vacancy, caused by death,
removal or otherwise, the remaining four commissioners shall
-2-
recommend a successor to the City Council for approval to fill
out the unexpired term.
SECTION III
Section 3 of Ordinance X292 is hereby amended to read
as follows: D~lembers of the utility commission shall receive as
compensation for their services the sum of Fift1 and no/100 (550.00)
Dollars per month.
Before entering upon the duties of his office, each
utility commissioner appointed by the City Council shall subscribe
to and file an oath to support the constitutions of the United
States, the State of Arkansas, and to obey the laws of the State
and the Ordinances of the City of ~^~est P•Temphis, Arkansas, and to
faithfully discharge the duties of his office to the best of his
ability.
SECTIO~`3 IV
Section 7 of Ordinance =~r292 is hereby amended to read
as follows: The said board of utility commissioners shall .have
power to make purchases of all supplies, apparatus, materials and
other things requisite for the operat:son, maintenance, repair,
e}.tension or enlargement of the utility systems of this City and
to ma7:e all necessary contracts for vaorY. or labor to be done, or
material or other necessarl things to be furnished for the benefit
of such City or in carrying out any wore or underta'.•cing in connection
with said utilities; provided, however, where the amount of any
es'cimated e«pencliture may e<~ceed. 55, 000.00, said board stall
transmit to the City Council its estimate thereof and a resolution
aut~~or:izing suc: e~:pend ~ ture, together with the boards recommendation
in relation thereto, and upon the passage of an~T approving resolution,
by the Cit~LL~ Council, it shall be the duty of said board to advertise
and let the wor7~ or contract to the lowest ?-esnons?ble bidder, not,
however, ir. e~>cess of the estimate of cost certified to the City
-3-
Council, with the privilege in said board to reject all bids and
re-advertise as provided herein.
Where the amount of any estimated expenditure is less
than 55,000.00, the board, in its discretion, may advertise for
bids and let the work or contract to the lowest responsible bidder,
v~ith the privilege of rej ecting all bids.
In determining the lowest responsible bidder under this
section, the board shall accept the lowest qualified bid from a
person, firm or coporation having a place of business established
in the City of West Memphis and having paid a privilege tax or
license fee to the City of West I~iemphis as such may be required;
provided that said bid does not exceed .the lowest qualified bid
from a non resident firm by more than five per cent (5/0) of the
latter bid.
SECTION V
Section 14 of Ordinance #292 is hereby amended to read
as follows: The board shall elect a chairman of the board of
utility commissioners and said board shall elect one of its members
as vice-chairman, and one as secretary. The chairman, vice-chairman
and secretary shall hold ti~eir respective office as such for a
term of one (1) year and the election to be held each year at the
first regular meeting in august. The chairman shall preside at
all meetings and the vice-chairman shall act as a chairman when
the chairman shall be absent or not able to act. The secretary
shall keep and preserve written minutes of all meetings, actions
and proceedings of said utility board.
SECTION VI
Section 16 of ordinance ;292 is hereby amended to read
as follows: The revenue received each year from the utility
operations, before being used for any other purpose, shall be used
by the board for the following purposes, in tine order named, to-wit:
-4-
(1) The payment of all operating e.~.penses of the
utilities as they accrue.
(2) For required interest accrual and sinking fund
accruals or other requirements on boads or certificates of in-
debtedness issued for the benefit of the City of l~~est ~~iemphis in
the operation of any said utilities or for any other purpose for
whici-i said revenues shall have been, or may hereafter be, pledged.
(3) For ;payments •to reserves in such amounts as the
board of utility commissioners thinks proper and by resolution,
elect to set up from time to time, but in no event to exceed 20~~
of the revenue remaining after rnaking the pa~rments provided in
paragraphs one (1) and two (2) preceding.
(~•) ~.ny surplus then remaining over and above safe
operating margins shall be devoted as tine City Council shall
direct, provided however, no such surplus stall be devoted to any
purpose contrary to any mortgage or contract provision made by the
City of ~~est ~~emphis with reference to the use of the income from
tine operation of any utility owned by the City.
S~CT.iOT~i V:ii
±t is the intention of the City Council •Ehat Section :LT
hereof be retroactive in its operation to the date of passage of
Ordinance rr292 and othe~•wise both -retroactive and prospective and
that all other sections hereof be prospective in applicai.ion only.
SECT:iOiv" Vlr.i
~"~11 of tiZe remaining sections of Ordinance 7 292 not
amended by this Ordinance shall remain in full force and effect.
SECTTG~~ 1X
This Ordinance being necessary to clari~=y •tize true actions
of tiie Cit~r Council of ti°dest iemphis in the passage of Ordinance
;#292 and to alleviate confusion c~ihich exists through inadverture
in sor~~e of the provisions of ordinance ;x292, an emergency is
-5-
. , •~
~ r
• • .;,
declared to e~_ist and this Ordinance shall be in full force and
effect from and after its passage.
~jA L''OR
ATTEST.~-
CTT`.~ CLE1~K
~ASaE1~ Ti~IS „~~rJAY Oi' _~ ~~~,Y-i / ~ l'~D
-G-