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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. -2- 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. -3- 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 -4-