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84-12-Ordinance-Establishing the Utility Board-07/02/1984 CITY OF SANGER, TEXAS AHV13803S U1 ORDINANCE NO. 84-12 AN ORDINANCE AMENDING CHAPTER 10 SECTION 15 OF THE CODE OF ORDINANCES OF THE CITY OF SANGER, TEXAS, ENTITLED UTILITIES BOARD; TO PROVIDE FOR THE ESTAB- LISHMENT OF A UTILITY BOARD; DEFINING THE POWERS AND DUTIES; PROVIDING FOR A REPEAL OF ORDINANCES IN CON- FLICT; 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, SECTION l5-D; CHAPTER 10, SECTION 15-E-1; AND CHAPTER 10, SECTION 15, SECTION II OF THE SANGER CODE OF ORDINANCES IS HEREBY AMENDED TO READ AS FOLLOWS: SECTION 15: .UTILITIES BOARD 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 con- stitute 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 as per Article 6252-17 of the Texas Open Meetings Act and a permanent record of the proceedings maintained. E. Powers and Duties of the Utility 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 oper- ation, promotion, enlargement, future planning and such other matters involving city -owned and any other such utility as may be referred to it by the council. SECTION II At intervals not exceeding shall at the expense of the a general management survey conditions of the physical five (5) years the council utilities involved, cause to be made to evaluate the electric distribution system. This evaluation to be done under the jurisdiction of the board by a competent management consulting or in- dustrial engineering firm, the.report and recommenda- tionsof which shall be made public; provided, that the first such survey shall be made within three (3) years of the effective date of this Ordinance. The council may at i-ts own discretion at such time as council feels it necessary request a cost analysis of any of the other city owned utilities. SECTION II All Ordinances or parts of Ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. SECTION III 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 judgement or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses. sen- tences, 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 IV Whenever in this Ordinance an act is prohibited or is made or declared to be unlawful or an 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 Dollars ($200.00); 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 V This Ordinance will take effect immediately from and after its passage and the publication of the caption as the law i.n such cases provides. PASSED AND APPROVED this day of 1984. MWMMMM Mayor