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HomeMy WebLinkAboutOrdinance No. 01-O3Ll ORDINANCE NO. 01-03 0 AN ORDINANCE OF THE CITY OF AZUSA, CALIFORNIA ESTABLISHING AUTILITY BOARD BY AMENDING CHAPTER 2, ARTICLE V AND ADDING DIVISION 5 TO THE AZUSA MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 2, Article V of the Azusa Municipal Code is hereby amended to add Division 5 to read as follows: "Division 5 UTILITY BOARD Sections: 2-412 Created 2-413 Composition 2-414 Powers and Duties 2-415 Chairperson and Vice -Chairperson 2-416 Meetings 2-417 Compensation 2-418 Budget 2-419 Loans Sec, 2-412 Created. There is established and created a utility board ("board"). Sec. 2-413 Composition. The board shall consist of five members. The city council may choose by majority vote of the council to appoint its five members as the ex officio members of the board. All members shall be appointed by a majority vote of the city council and shall serve pursuant to section 2-32. Members of the board maybe removed pursuant to section 2-32. The city manager or his or her designee shall serve as executive advisor to the board. Sec. 2-414 Powers and Duties. The board shall have the following powers and duties: 1. To establish electric power and water rates, capacity and connection charges, meter charges and such other fees and charges as may be appropriate and to generally regulate, control, manage, renew, repair and extend the water system and the electric power generation and distribution system of the City of Azusa. RVPUBNGS\611803 2. To make rules and regulations governing the conduct of the board and its members and the employees of Azusa Light and Water. 3. To control and order the expenditure of all money received from the sale or use of water and electric power for defraying of expenses, maintenance, repairs, construction, extension and operation of the water and electric power system and for any expenses for additions to same. 4. To supply Azusa Light and Water's customers with water and electric power for any and all purposes and adopt all necessary rules and regulations for the provisions of service. 5. To enter into contracts with any public or private agency for the exchange of water or electric power, provided that any such water or electric power so exchanged by the city shall be repaid in full to the city within a reasonable period. 6. To hold, lease, acquire and purchase property in the name of the city. 7. To dispose of property surplus to the needs of the water or electric power systems, provided that any sale, lease or disposal of its assets, including property used in the generation of electrical energy, other than those unnecessary to the operation of the water and electric power systems. If the city council is not serving as ex officio members of the board, then disposal of surplus property shall require the approval of the city council. 8. To engage such legal services as may be required or require the services of the city attorney where not incompatible with his or her representation of the city. Sec. 2-415 Chairperson and Vice -Chairperson. The board shall elect one of its members as chairperson and one as vice -chairperson, who shall each hold office for one (1) year and until their successors are appointed. Initially officers shall be selected no later than the second meeting of the board following its appointment. Subsequent selection of officers shall occur no later than the second meeting following the selection of the mayor pro tem of the city council. Sec. 2-416 Meetings. The board shall establish a regular time and place of meeting and shall meet regularly at least once a month or more frequently as workload requires. The regular place of meeting shall be in the Azusa Light and Water building. At least once every three (3) months, or more frequently if the board desires, the board may meet in other places and locations throughout the city for the purpose of encouraging interest and facilitating attendance by people in the various neighborhoods in the city at the meetings. Special meetings may be called by the chairperson or by three (3) members of the board, upon personal notice being given to all members or written notice being mailed to each member and received at least 36 hours prior to such meeting, unless such notice is waived in writing. RVPUBWGS\611803 -2- 0 0 All board meetings, and agendas for such meetings, shall be publicized in advance by written notice given to newspapers serving the city at least three (3) days prior to regular meetings and at the same time as members are notified of special meetings. In addition, notice of meetings shall be posted regularly at locations normally utilized by the city for such purposes. All meetings shall be open to the public pursuant to the provisions of the Ralph M. Brown Act. (Gov. Code § 54950 et seq.) The board shall cause to be kept a proper record of its proceedings. The records and files of the board and its officers shall include, but not be limited to, all official correspondence, or copies thereof, to and from the board and its members received in their official capacities and shall be kept open for inspection by the public at reasonable times in the office of the city clerk. Sec. 2-417 Technological Support. The members of the board may receive technological support in the form of hardware, software or reimbursement for telecommunications services used in connection with serving on the board. Members shall also be reimbursed for any reasonable and necessary expenses incurred by them in the performance of their duties as members of the board. Sec. 2-418 Budget. The board shall initially adopt a budget for Azusa Light and Water within four months of its first meeting, and thereafter shall annually adopt a budget for Azusa Light and Water, showing the expected expenses and revenues of the water and electric power enterprise. The city manager will present the budget to the board for adoption. The annual budget shall be incorporated into the budget of the city. Sec. 2-419 Loans. The board may approve and authorize loans to or from the funds subject to its control from or to city funds on a temporary basis." SECTION 2. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this ordinance. The city council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsection, sentences, clauses, phrases or other portions might subsequently be declared invalid or unconstitutional. SECTION 3. This ordinance shall be in full force and effect thirty (30) days after its passage. SECTION 4. A summary of this ordinance shall be published in the manner required by law. RVPO13wGS%1 isos -3- 0 0 PASSED, APPROVED AND ADOPTED this 21 &y3 f)May, 2001. Mayor ATTEST: Vera Mendoza, City Clerk RVPUBWGS\611803 -4- Cruz -Madrid 0 0 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) I, Vera Mendoza, City Clerk of the City of Azusa, do hereby certify that the foregoing Ordinance No. 01-03 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 7th day of May, 2001, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 21 day of May 2001, by the following vote, to wit: AYES: COUNCILMEMBERS: HARDISON, STANFORD, ROCHA, CHAGNON, MADRID NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Vera Mendoza, City Clerk APPROVED AS TO FORM: AWL�-- lr City Attorney RVPUB\,NGS\6t t 803 -5-