84-5-Ordinance-Establishing the Utilities Board-05/21/1984CITY OF SANGER,
ORDINANCE NO 84-5
TEXAS
AN ORDINANCE AMENDING CHAPTER 10, OF THE CODE OF
ORDINANCES OF THE CITY OF SANGER, TEXAS, ENTITLED
UTILITIES BOARD; TO PROVIDE FOR THE ESTABLISHMENT
OF A UTILITIES BOARD; DEFINING THE POWERS AND DUTIES;
PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR AN
EFFECTIVE DATE; AND PROVIDING FOR A PENALTY FOR
VIOLATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS:
SECTION I
THAT CHAPTER 10, OF THE SANGER CODE OF ORDINANCES IS HEREBY
AMENDED BY ADDING A SECTION TO BE NUMBERED SECTION 15 WHICH
SAID SECTION SHALL READ AS FOLLOWS:
SECTION 15: UTILITIES BOARD
A. Appointment of Board
There is hereby created a Utilities Board to be composed
of five (5) members, appointed by the council for four-
year terms and until their respective successors have
been appointed and qualified; provided that the members
of the first board appointed under this provision shall
at their organizational meeting draw for terms as
follows: One (1) shall draw a one-year term, one (1)
a two-year term, one (1) a three-year term, and two (2)
shall draw four-year terms, and at the expiration of
each of the terms so provided for, a member successor
shall be appointed for a term of four (4) years. Members
of the board may be removed by the council only for cause
and only after charges have been filed and published and
the member has been given a reasonable opportunity to
defend himself in an open public hearing before the
council. Vacancies shall be filled for any unexpired
term in the same manner as provided for regular appoint-
ments.
B. Ex of.ficio Members
The city manager and
ex officio members of
meetings of the board
any matter that is un
shall have no vote.
directors
of Utilities shall be
the board. They shall attend
and shall have the right to discuss
der consideration by the board but
C. Qualifications of Board Members
Members of the Utilities Board shall have the same
qualifications as are required for membership on the
city council.
D. Selection of Officers
At its organizational meeting, and annually thereafter
as soon as the newly appointed member (or members) has
qualified; the board shall select from its own member-
ship a chairman, vice-chairman, and secretary. Any
three (3) of the regularly appointed members shall
constitute a quorum. The board shall determine its
own rules and order of business. The board shall
meet at least once each month; all meetings shall be
open to the public and a permanent record of proceedings
maintained.
E. Powers and Duties of the Utilities Board
1. The board shall serve the department of utilities
as a consulting, advisory and supervisory body
to study and recommend policies relating to the
operation, promotion, enlargement, future planning
and such other matters involving city -owned
utilities as may be referred to it by the council.
2. The annual budget for the department of utilities
shall be prepared by the director and submitted
to the board in the form required by the city
manager. The board shall review the budget,
make such changes therein as they deem appro-
priate, then return it to the director who shall
deliver it to the city manager for incorporation
without any changes, in the proposed general
budget of the city and transmission to the council.
3. A11 actions recommending expansion of the system
and the making of additions and betterments thereto
or extensions thereof, the incurring of indebtedness,
the issuance of bonds and the fixing of rates and
charges for utility services shall be submitted
to the board for review and recommendation to the
council.
4. The board shall submit annually to the city
manager, not less than one hundred twenty (120)
days prior to the beginning of the budget year,
a list of recommended capital improvements, which
in the opinion of the board ought to be constructed
during the forthcoming five (5) year period. Such
list shall be arranged in order of preference,
with recommendations as to which projects should
be constructed in which year.
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SECTION II
At intervals not exceeding Five (5) years the council shall
at the expense of the utilities involved, cause a general
management survey to be made of all uLil_ities under the
jurisdiction of the board by a competent management consult-
ing or industrial engineering firm, the report and recommen-
dations of which shall be made public; provided, that the first
such survey shall be made within three (3) years of the
effective date of this Charter.
SECTION III
All Ordinances or parts of Ordinances in conflict herewith
are, to the extent of such conflict, hereby repealed.
SECTION IV i
It is hereby declared to be the intention of the City Council
that the sections, paragraphs, sentences, clauses, and phrases
of this Ordinance are severable and, if any phrase, clause,
sentence, paragraph, or section of this Ordinance shall be
declared unconstitutional by the valid judgment or decree of
any court of competent jurisdiction, such unconstitutionality
shall not affect any of the remaining phrases, clauses,
sentences, paragraphs, and sections of this Ordinance, since
the same would have been enacted by the City Council without
the incorporation in this Ordinance of any such unconstitutional
phrase, clause, sentence, paragraph, or section.
SECTION V
Whenever in this Ordinariee an act/is prohibited or is made
or declared to be unlawful or ar��offense or a misdemeanor,
or wherever in such Ordinance, the doing of an act is required
or the failure to do any act is,� declared to be unlawful, the
violation of any such provision shall be punished by a fine
of not exceeding Two Hundred ,($200.00) Dollars; provided,
however, that no penalty shall be greater or less than the
penalty provided for the same or similar offense under the
Laws of the State. Each day any violation of this Ordinance
shall continue shall constitute a separate offense.
SECTION VT �
This Ordinance will take effect immediately from and after
its passage and the publication of the caption as the law in
such cases provides.
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CITY SECRETARY
ORIGINAL COPY
PASSED AND APPROVED this 21st day of May
1984, by the City Council of the City of Sanger, Texas.
ATTEST:
City cretary
APPROVED:
yor
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