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HomeMy WebLinkAboutOrdinance No. 01-O70 ORDINANCE NO. 01- O7 AN ORDINANCE OF THE CITY OF AZUSA, CALIFORNIA, AMENDING CHAPTER 2, ARTICLE V, DIVISION 5 OF THE MUNICIPAL CODE REGARDING THE COMPOSITION, OFFICERS, POWERS AND DUTIES OF THE UTILITY BOARD THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 2, Article V, Division 5, Section 2-413 of the Azusa Municipal Code is hereby replaced, in its entirety, with the following: "Sec. 2-413 Composition. The board shall consist of five members. The city council may choose by a 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 may be removed pursuant to section 2-32." SECTION 2. Chapter 2, Article V, Division 5, Section 2-414, of the Azusa Municipal Code is hereby replaced, in its entirety, with the following: "Sec. 2-414 Powers and Duties. When the board members are acting in their capacity as both members of the board and members of the city council, the board, acting jointly with the city council, 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. 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 provision of service. 5. To enter into contracts with any public or private agency for the exchange RVPUBVFFl618015 0 • 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. 8. To engage such legal services as may be required or require the services of the city attorney." SECTION 3. Chapter 2, Article V, Division 5, Section 2-415 of the Azusa Municipal Code is hereby replaced, in its entirety, with the following: "Sec. 2-415 Chairperson, Vice Chairperson and Secretary The board shall elect one of its members as chairperson, one as vice chairperson, and one as secretary. Each of these three (3) board officers shall 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. The secretary may delegate to the city clerk duties such as making tape or other recordings of meetings of the board and developing draft Minutes of such meetings for consideration and possible approval by the board." SECTION 4. Chapter 2, Article V, Division 5, Section 2-418 of the Azusa Municipal Code is hereby replaced, in its entirety, with the following: "Sec. 2-418 Budget. While the board members are acting in their capacity as both members of the board and members of the city council, 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." SECTION 5. Chapter 2, Article V, Division 5, Section 2-419 of the Azusa Municipal Code is hereby replaced, in its entirety, with the following: "Sec. 2-419 Loans. While the board members are acting in their capacity as both members of the board and members of the city council, the board may approve and authorize loans to or from the funds subject to its control from or to RVPUBVFF\618015 0 0 city funds on a temporary basis." SECTION 6. Severabilitv. 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, subsections, sentences, clauses, phrases or other portions might subsequently be declared invalid or unconstitutional. SECTION 7. This ordinance shall be in full force and effect thirty (30) days after its passage. SECTION 8. A summary of this ordinance shall be published in the manner required by law. PASSED, APPROVED AND ADOPTED iii day of october.2001. Mayor ATTEST: Vera Mendoza, City Clerk RVPUBUFF\618015 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. 01-07 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 17 day of September2001, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of October , 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: U! I L" W , Ci y Atomey RVPUBVFF1618015