Loading...
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-