Chapter 2.55
UTILITY ADVISORY COMMISSION
Sections:
2.55.010 Utility Advisory Commission and Commission members.
2.55.020 Organization of the Commission.
2.55.030 Powers and duties of the Commission.
2.55.010 Utility Advisory Commission and Commission members.
There is hereby created a Utility Advisory Commission for the City of Gardner, Kansas, which shall be responsible for providing advice and guidance to the City relating to the planning, development, production, purchase, transmission, and distribution of all utilities by the City. Hereafter, the Utility Advisory Commission will be referred to as the Commission.
The Commission shall act in an advisory capacity only and shall have no actual or apparent authority or powers to take any legal action or create any binding legal obligations on behalf of the City. The actual and apparent authority and responsibility of the City relating to the jurisdiction, control, and policy making responsibility of the utilities of the City and all its operations and facilities are hereby expressly reserved exclusively to the City Council of the City except as may subsequent to the enactment of this chapter be expressly delegated by the City Council. The Commission shall act in an advisory capacity only and shall have no power or authority to construct, acquire, expand and operate the utilities, or to do any acts or things that are necessary, convenient, or desirable in order to operate, maintain, enlarge, extend, preserve and promote an orderly, economic and business-like administration of the utilities which powers are hereby expressly reserved by the City Council of the City except as may subsequent to the enactment of this chapter be delegated by the City Council. (Ord. 2474 § 1)
2.55.020 Organization of the Commission.
A. Number of Commission Members. The Commission shall consist of five members, hereafter referred to as “members.”
B. Appointment and Tenure. The members shall be nominated by the Mayor and confirmed by the City Council. Members shall be appointed to serve four-year terms. Members appointed prior to the effective date of the ordinance codified in this section shall serve the remainder of their four-year term. In the event of vacancies, the appointments shall be for the unexpired terms.
C. Vacancies. A vacancy on the Commission shall be effective on the date stated in the individual’s written notice of resignation filed with the Mayor or the date they become ineligible to serve in such position, whichever comes first. No vacancy on the Commission shall impair the right of the remaining members to exercise all powers of the body.
D. Interview Team. The Mayor and two Councilmembers selected by the Mayor (the interview team) are charged with the responsibility of recommending individuals, by unanimous consent, to serve on the Utility Advisory Commission, subject to the approval by majority vote of the Council.
E. Time for Filling Vacancies. In the event of a vacancy on the Commission, the interview team shall submit to the City Council a recommendation to fill the vacancy within 60 days from the date the office became vacant. In addition to the 60 days, for good cause and upon a majority vote of the Council members present and voting, the interview team may extend, for up to an additional 30 days, the time stated to make the recommendation to fill a vacancy. Good cause shall be determined by the City Council and include but not be limited to such events as a death in office, illness, insufficient or inadequate candidates, legal holidays, or the timing of the next regular Council meeting at which a nominee would be considered for appointment.
F. Qualifications. All members must be qualified electors and residents of the City. All members must be customers of a City utility. No voting member may hold any City office or be an employee of the City government or conduct any business with the City’s utilities. However, membership in professional organizations affiliated with the conduct of utility operations or participation in or employment at quasi-governmental agencies such as Kansas Municipal Utilities or Kansas Municipal Energy Agency shall not prohibit an individual from serving on the Commission. An individual is only eligible for appointment to and may serve as a member of only one board or commission at any given time.
G. Appointment Process.
1. Basis for Consideration. Consideration for appointment shall be based upon a completed public service application, meeting basic qualifications, and interview results.
2. Public Service Applications. Public service applications are available on the City’s website and may be submitted electronically through the website or may be printed and returned to City Hall in person or via the United States Postal Service. Paper applications will be available at City Hall via the City Clerk’s office. All public service applications are to be kept on file in the City Clerk’s office for a period of one calendar year from the date of receipt.
3. Notification of Openings. The City Clerk will coordinate the appointment process, beginning with the notification to the general public of openings on all boards and commissions. Openings will be advertised for two weeks via the City’s website (www.gardnerkansas.gov), and other official City social media outlets.
4. Application Review. Following the two-week notification period, the City Clerk shall provide to the Governing Body the applications on file for the specified opening. The Council will then be given one week to advise the City Clerk only of any personally known potential issues with any of the candidates or to offer a personal recommendation for a candidate or candidates from the pool of applicants. The City Clerk will call upon the City Council to submit the names of potential candidates should there be no applications for appointment on file.
5. Candidate Interviews. An additional two weeks will be set aside for the conducting of candidate interviews by the interview team. A Board/Commission representative and the City Administrator (or the City Administrator’s designee) may participate in the interviews at the request of the interview team. Should the number of qualified applicants for a position be less than or equal to the number of positions available, the interview team may make a unanimous decision to nominate the applicant or applicants without an interview.
6. Candidate Nomination. The interview team will have one week after the conclusion of candidate interviews to unanimously choose a nominee which they will bring forward to the City Council for consideration.
7. Appointment as Part of the City Council Meeting Agenda. The City Council will consider the appointment as part of the consent agenda at their first regular meeting after the interview team has selected a nominee.
H. Compensation. Members serve on a volunteer basis and shall not be compensated for their services. Members may be reimbursed for expenses incurred in carrying out their duties.
I. Officers. The Commission by majority vote shall elect from among its members a Chairperson who shall preside over the meetings of the Commission, and a Vice-Chairperson who shall act for the Chairperson during absences. Election of officers shall be held annually at the first regular meeting of the calendar year. No member shall serve for more than two consecutive terms as an officer.
J. Meetings. The Commission shall hold meetings regularly, at least once per month. Special meetings can be held as required following appropriate notice. Such meetings shall not conflict with the scheduled meeting dates and times of the City Council or the Planning Commission. Such meetings shall be held in the City Council chambers. All meetings of the Commission shall be subject to and be in conformity with the Kansas Open Meetings Act, K.S.A. 75-4317 et seq. Additionally, all meetings shall be conducted in such a manner as to enable the City to record such meetings and to post such recordings on the City website which shall include seating of the members at the dais and requiring anyone addressing the Commission to do so from the podium. The Commission shall adopt by-laws which shall govern, among other matters, rules for the conduct of its meetings, including: posting and publication of agenda and matters to be considered on the agenda; establishment of rules of parliamentary procedure; order of business; staff reports; Commission action; record of proceedings; motion; and abstentions. No action shall be taken by the Commission except by affirmative vote of at least three members, who shall constitute a quorum.
K. Removal. A majority of the Governing Body may remove any appointed board or commission member at any time for good and sufficient cause. Cause shall include, but not be limited to, any violation of any applicable law, regulation or policy; neglect of duty; and failure to comply with the appointive body attendance policy. If such removal occurs, the vacancy shall be filled by Mayoral appointment, subject to the approval of the Council.
L. Attendance. Attendance shall be recorded by the Department Director or a staff member designated by the Department Director of the Commission and member attendance tracked by the same. Appointees violate the attendance policy if they receive notice of meetings and without excuse miss three consecutive meetings or attend fewer than two-thirds of the regular or special meetings of the board or commission on which they serve within the 12-month period following the member’s appointment, or an anniversary date thereof. “Excuse” shall mean more than inconvenience and includes illness or family emergency. Business commitments shall not be a good excuse. Violation of the attendance policy will be reported to the City Clerk and the Mayor.
M. Reappointment. Commission members wishing to be considered for reappointment after their term has expired shall follow the process as outlined above. When a member of the Commission has served for a period of eight consecutive years, that member generally will not be eligible for reappointment until the member has vacated the position for one full term. Commission members may be reappointed beyond the eight-year limit under exceptional circumstances. (Ord. 2610 § 1)
2.55.030 Powers and duties of the Commission.
A. Real Estate and Supply Contracts. The Commission, in the efficient and economical operation of the utilities, both inside and outside City limits as state law permits, may recommend that the City Council: (1) sell the utility’s products and services to the public and private corporations and to other consumers; (2) construct and operate plants and operate distribution and collection systems, transmission lines, pipe or conduit and other facilities; (3) purchase real estate or otherwise acquire real estate through the exercise of eminent domain; (4) purchase franchises; and (5) enter into all contracts, leases, and agreements in furtherance thereof. The authority to enter into such transactions shall be vested exclusively in the City Council except as may subsequent to the enactment of this chapter be expressly delegated by the City Council.
B. Extensions of Services. All extensions of service or expansions of the service area of the utilities must be approved by the City Council. The Commission shall be responsible for making recommendations to the City Council relating to the adoption of regulations governing extensions of utility service both inside and outside City limits. Such recommended regulations shall include the conditions under which the extensions shall be made to render them compensatory and shall provide that each extension project shall, when completed, become the property of the City whether on public or private property. The Commission may recommend to the City Council that refunds be provided where advances by the person benefited are necessary to make extensions compensatory. As the City annexes new areas into the City limits, the Commission may recommend to the City Council that a cost-benefit feasibility analysis be conducted. Such cost-benefit and feasibility analysis shall then be submitted to the City Council for consideration. For specific economic development purposes, the City Council may restrict areas to be served by a third-party provider other than the City’s utilities. To assist the City Council in rendering its determination, the Commission may recommend to the City Council a cost-benefit and feasibility analysis of service to the area be conducted.
C. Rates. The City Council shall establish rates to be charged for utility services rendered to a utility’s customers. The Commission shall recommend to the City Council rates to be charged for utility services rendered to a utility’s customers. Rates shall be competitive, fair, reasonable, compensatory, and with no undue preference or discrimination. Rates shall also be sufficient for the operations of and the debt service and reserve for the utilities.
D. Economic Development Incentives. The City Council may also develop and implement economic development incentives. The Commission may recommend to the City Council economic development incentives.
E. Authorization for Expenditures. No money shall be drawn from the funds of the utilities nor shall any obligations for the expenditure of money be incurred except in conformity with the established purchasing policy of the City, as may be amended.
F. Bond Issues and Other Indebtedness. The City Council may issue bonds for the construction, extension or improvement of the utilities when it deems that such issuance is necessary and expedient for the operation of the utilities subject to all applicable laws for the issuance of such bonds. The Commission may make recommendations that the City Council issue bonds for the construction, extension or improvement of the utilities.
G. Planning Reports. The Commission shall submit to the City Council recommendations concerning existing or proposed long-range power or water supply arrangements, capital improvement projects, and other programs that may have an impact on the utilities. (Ord. 2474 § 3)
2.55.040 General provisions.
A. Disposition of Utilities. The City Council shall have the authority to cease to operate, or to sell, lease, abandon, or in any other way dispose of the Advisory Commission and/or the utilities.
B. Existing Obligations and Benefits. Contracts conferring obligations, duties and benefits relating to the electric utility of the City entered into as a proper exercise of the Board’s authority under Ordinance No. 2296 prior to the effective date of the ordinance codified in this chapter and the ordinance codified in this chapter’s attendant repeal of Ordinance No. 2296 shall not be impaired and shall be binding upon the City and any other parties to such contracts. This provision shall not apply to any contracts and obligations which exceeded the Board’s authority when executed under Ordinance No. 2296.
C. Personnel Policies and Pay Scales. Any and all employees performing work relating to the City’s electric utility are employees of the City and subject to the City’s personnel policies and pay scales. Purported resolutions of the Board numbered EUB 007, 009, 011 and 012 exceeded the scope of authority granted under Ordinance No. 2296 and, to the extent necessary, are hereby deemed to be void and/or repealed.
D. Repeal of Prior Ordinances and Resolutions. All ordinances and resolutions and parts thereof that are inconsistent with any provision of this chapter are hereby repealed. Ordinances and resolutions that establish operational policies and procedures and rates and specifications pertaining to the electric utility will remain in effect until such time as the City Council shall approve changes thereto. Ordinance No. 2296 is hereby expressly repealed. (Ord. 2474 § 4; Ord. 2438 § 4)