Chapter 15.10
NOME JOINT UTILITIES
Sections:
15.10.020 Nome joint utilities board.
15.10.040 Membership, qualifications, term and vacancies.
15.10.070 Powers and duties of utilities manager.
15.10.080 Post audit and bonding.
15.10.090 Separation of funds.
15.10.100 Rules and regulations.
15.10.010 Council powers.
The council reserves itself the power and authority to approve or disapprove by ordinance all budgets, rates, and the acquisition or disposal of real property. The council acknowledges its legal responsibility for the municipal corporation, and therefore reserves to itself the power and authority to approve or disapprove by resolution all contracts binding the municipal corporation. (Ord. O-93-6-6 § 1 (part), 1994)
15.10.020 Nome joint utilities board.
There is created the Nome joint utilities board to manage and operate all utilities owned by the city in accordance with the provisions of this chapter. (Ord. O-93-6-6 § 1 (part), 1994)
15.10.030 Powers and duties.
The board shall:
(a) Appoint a manager of the public utilities for a term not exceeding two years, and set his salary;
(b) Prepare and submit to the council annual budgets, and make recommendations thereon for the efficient and economical operation of the system;
(c) Formulate and enforce the general rules and policies of the public utilities, and generally have full and complete surveillance of all the systems and their operations and fiscal affairs, including the maintenance, operation, expansion, extension and improvement of the public utilities; and
(d) Study and make recommendations generally on public utility matters such as, but not limited to, rates, bond issues, fiscal matters, personnel staffing, labor relations, expansion or extension services, and public relations. (Ord. O-93-6-6 § 1 (part), 1994)
15.10.040 Membership, qualifications, term and vacancies.
(a) The board shall consist of five members. Each seat on the board is a separate office and shall be designated as A, B, C, D and E, respectively. Candidates for the board shall file for a particular office or seat, which shall be stated in the declaration of candidacy. The terms of office of those members of the board holding seats A and B shall be two years, and the terms of office of those members of the board holding seats C, D and E shall be three years. At the first expiration of a term of a member of the board in office on the effective date of this chapter, a member shall be elected for seat A; at the second such expiration, a member shall be elected for seat B; at the third such expiration, a member shall be elected for seat C; at the fourth such expiration, a member shall be elected for seat D; at the fifth such expiration, a member shall be elected for seat E. It is the intention of this section that upon the first expiration of the term of the member elected for seat A, and in each year thereafter, two members shall be elected to the board, one for a term of three years, and one for a term of two years.
(b) Any city voter is eligible to hold the office of board member. A board member who ceases to be eligible to be a city voter immediately forfeits his office.
(c) Board members shall be elected at large and qualified in the same manner as prescribed for members of the council. Elections shall be held on the first Tuesday in October, and the regular term of office shall begin on the first Monday following the election.
(d) Before taking office, board members shall take the oath of office as required by members of the council and shall affirm in writing that they will honestly, faithfully and impartially perform their duties. The oath shall be filed with the city clerk.
(e) The remaining board shall declare a vacancy on the board when a person elected:
(1) Fails to qualify or take office within thirty days after appointment;
(2) Is physically absent from the city for ninety consecutive days unless excused by the board;
(3) Resigns in writing and the resignation is accepted by the city council;
(4) Is physically or mentally unable to perform the duties of office as determined by the board;
(5) Is convicted of a felony or of an offense involving a violation of the oath of office;
(6) Is convicted of a felony or misdemeanor described in AS 15.56 and two-thirds of the city council concur in expelling the person appointed;
(7) Is convicted of a violation of AS 15.13;
(8) Misses two consecutive regular meetings and is not excused by the board;
(9) No longer physically resides in the city and the city council by two-thirds vote declares the seat vacant, provided however that this subsection does not apply to a member of the board who forfeits office under subsection (b) of this section.
(f) Vacancies shall be filled by the mayor with approval of a majority of the council and from names recommended by the board. Such appointments shall continue for the unexpired term and until a successor is elected and has qualified. (Ord. O-93-6-6 § 1 (part), 1994)
15.10.050 Compensation.
Each member of the board shall receive compensation in the amount of fifty dollars per month. Such compensation shall be paid from the general fund of the Nome joint utilities. (Ord. O-93-6-6 § 1 (part), 1994)
15.10.060 Meetings.
(a) A majority of the membership of the board shall constitute a quorum for the transaction of all business, and the chairman of the board shall have a vote on all matters. The affirmative vote of a majority of the board shall be sufficient to pass upon all matters coming before it.
(b) The board shall choose a chairman, vice-chairman, and secretary in accordance with rules of procedure passed and promulgated by the board.
(c) The board shall meet at least once each month at a regularly scheduled time and place within the city. All meetings of the board shall be open to the public. The secretary shall draft the minutes of all regular and special meetings in a manner accurately reflecting the actions of the board, and shall file the minutes permanently as public records. (Ord. O-93-6-6 § 1 (part), 1994)
15.10.070 Powers and duties of utilities manager.
The utilities manager is the chief administrative officer. The utilities manager shall:
(a) Manage and operate all public utilities;
(b) Appoint, hire, promote, lay off, suspend, demote or remove all employees of the public utilities;
(c) Prepare the annual budget and capital improvement program for review by the board prior to submission to the council;
(d) Administer the budget and capital improvement program as enacted by the council;
(e) Prepare and submit to the council at the end of each fiscal year a report on the finances and administrative activities of the public utilities, and prepare and make available for public distribution an annual report on public utilities affairs;
(f) Enforce the ordinances and regulations pertaining to the policies and practices of the public utilities;
(g) Assume such other authority and perform such other duties as may be lawfully prescribed by the board; and
(h) Inform the city council on all matters pertaining to the management and operation of all public utilities. (Ord. O-93-6-6 § 1 (part), 1994)
15.10.080 Post audit and bonding.
(a) The board shall provide for an annual independent audit of the accounts and financial transactions of the public utilities. The audit shall be performed by a public accountant who has no personal interest, direct or indirect, in the fiscal affairs of the municipality. Copies of the audit shall be available to the public upon request.
(b) The utilities manager, and every other person authorized to commit the public utilities by check, contract, agreement or other business, shall each give a minimum bond in the amount of twenty-five thousand dollars, and with the surety prescribed by the board. Premiums on the bond shall be paid from the general fund of the Nome joint utilities. (Ord. O-93-6-6 § 1 (part), 1994)
15.10.090 Separation of funds.
(a) All public utilities owned by the city and managed by the board shall be operated from a fund or funds separate from the general fund of the city. Separate books, records and accounts shall be maintained by the board to reflect the financial condition of these public utilities, their income, their expenses and the status of their bond redemption funds.
(b) None of the income, money or property of the Nome joint utilities shall be placed in the general fund of the city or be used for the benefit of anything outside of the fund to which it belongs without due compensation or due value received in return.
(c) The city shall pay for the use of utilities services at the standard rate set for such utilities services. (Ord. O-93-6-6 § 1 (part), 1994)
15.10.100 Rules and regulations.
(a) The board shall promulgate rules and regulations consistent with this chapter for the conduct of its meetings and for the orderly and efficient operation of the public utilities within its management control.
(b) The board may establish rules and regulations imposing civil fines or penalties for violations, provided such rules or regulations are promulgated in accordance with the procedures set forth in subsection (c) of this section.
(c) All proposed rules or regulations, including additions, deletions, amendments and modifications of existing rules or regulations, shall be presented at a regularly scheduled meeting of the board and approved or disapproved for public notice. Public notice shall be accomplished by timely publishing in a local newspaper of general circulation, a descriptive summary of the proposed rules or regulations, including the date and time of consideration for passage by the board, and a statement that the full text of the proposed rules or regulations is available for public inspection at the office of the city clerk. (Ord. O-93-6-6 § 1 (part), 1994)
15.10.110 Violation—Penalty.
(a) Unless another penalty is expressly provided by ordinance or regulation, any person who violates any provision of this title or any rule or regulation enacted pursuant to this title shall be guilty of an infraction punishable by a fine of not more than five hundred dollars plus any surcharge required to be imposed by AS 12.55.039 for each offense, or injunctive relief to restrain the person from continuing the violation or threat of violation, or both injunctive relief and a fine, plus any surcharge required to be imposed by AS 12.55.039. Upon application for injunctive relief in any proceeding to enforce any provision of this title, and a finding that a person is violating or threatening to violate any provision of this title, the superior court shall grant injunctive relief to restrain the violation.
(b) Each day of violation of any provision of this chapter shall constitute a separate offense. (Ord. O-14-01-02 § 36, 2014: Ord. O-08-07-01 §§ 1, 2, 2008; Ord. O-99-11-3 § 30, 1998: Ord. O-93-6-6 § 1 (part), 1994)