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HomeMy WebLinkAboutordinance.council.004-56ORDINANCE NO. - AN ORDINANCE CREATING A PUBLIC UTILI~"f BOARD OF T~E CITY OF ASPEN TO OP~RATE AND M~AGE ALL PUBLIC UTILITIES NOW ~WNED OR LAT~R TO BE ACQUIRED BY THE CIT~ OF ASPEN; PRESGRIBING THE POWERS AND DUTIES OF SAID BOARD AND PROVIDING DETAiL~ IN CONNECTION T~EREWITH. WHEREAS, the City Council of the City of Aspen desires to establish a non-political body for the operation and control of all public utilities now owned or later to be acquired by the City of Aspen, to be known as the ~Public Utility Board of the City of Aspen,' in order to insure the economical operation and management of such public utilities and the payment of any bonds issued or to be issued therefor; THEREFORE, BE IT ORDAINgD BY THE CITY COUMCIL OF T~E ~IT~ OF ASPEn: Section 1. That there ~hall be and there hereby is created a no~-political body to be known a~the "Public Utility ~B~ard of the City ef Aspen" (here~after referred to aa the · ~ard~), te be e~a~itmted of five me~era, to ~ve ~ple~e ~ha~g~ ~d eentrol of all pmblie utilities ~w o~ed or later ~o ~e ae- q~red by the City of Aspen. Section 2. ~at the City Co~cil of the City *f Aspen shall a~poin~ five qualified taxpayi~ electors of ~he City A~en, Fitk~ Cowry, Colorado, aa me.era of said Bo~d. One meter of t~ Bo~d shall always ~e a m~ber of the City Co~il, ~d If ~la te~ of office as co~ci~ a~ald expire ye~a after him ~pointment, the City ~cil shall appo~t ~o~er ~cilm~ to serve on the Board for ~he ~expired ~e~. ~ilm~ meter of the ~d shall ~e appointed every two ye~a. The te~ of .fflee of ~he Co~ailm~ a~ber of :he Bo~d shall e~ire two years from the date of ~a appointment; the te~ of office of t~ ef t~ meters ac appointed shall e~ire fo~ years ~em She date of their appointment, ~d upon the expiration of - 2 - their ter~s, their successors shall be appointed for a term of six years; and the term of office of the other two members so appointed shall expire six years from the date of their appoint- merit, and their successors shall be appointed every six years thereafter. Section 3. The duly elected, qualified and acting ~ayor of the City of Aspen shall be an ex-officio member of the Board during his term in office. The Clerk of the City of Aspen shall serve aa Clerk of the Board. ~ection 4. The me~bere of the Board shall serve without compensation during the term for ~hioh they are appointed, or until their removal or resignation, and until their successors are duly appointed or elected and qualified. Mo member of the Board and no e~ployee of any municipal utility shall be discharged or removed from office except in accordance with the laws of the ~tate of Colorado providing for the re, vel of appointive offi- cers of a~ incorporated city, and no eueh re,oval shall be ~ade without a charge in ~itin~ and an opportanity of hearing being given by the City Council. In case of a vacancy in the office of one or more of the members, other than the 0ouneilman member, the meJority ef the re--iming members of the Board, with the approval cf a majority of the City Co~ncil, shall appoint a suc- cessor fl'om the duly q~alified taxpaying electors of the City of Aspen. In case the vacancy L~ the office of · me~ber ia that of the ~ayor of the City of Aspen, then the newly elected Mayor shall be automatically an ex-officio member of the Board. Section 5. The Board shall provide for its regular and special meetings. The Board shall elect one of its members to act aa Chairman with the p~ivilege of voting on all questions that may eoa~ before the Board. A majority of the Board shall constitute a quorum and all action by the Board shall be taken by a majority vote thereof and not otherwise. All meetings shall be open SAd public. ' 3 - Section 6, The Board shall ~ave the following powers: (1) To manage and control all public util- ities now o~ned or later to be acquired by the City of Aspen and to exercise all powers in con- neotion therewith, except as hereinafter limited, subject to delegation by the City Co~noil of the City of A~pen. (2) To e~ploy a competent, fully trained electrical engineer as ~anager for said utili- ties, who may or may not be a resident of the City of Aspen, and to fix his eempe~eatioa, sub- Ject to the approval of the Coancil, which com- pemeation shall be paid f~o~ the revenues derived from the operation ef the utilities. Such ~ana- get shall mot be discharged except by affir~ative action by a majority of the Board and a majority e~ th~ Council. The ~ana~er shall have power to engage employees and to fill vacancies, sub- Ject to approval by the Board. (3) ~ald Board shall have no power to gage, pledge or otherwise enc,,-ber any pal utility, or any part thereof, or t~e revenues derived from its operation. 3ection 7. The City Treas~er of the City of Aspen shall be th~ custodian of all funds derived from the operation of all mamiclpal utilities, a~d any and all diebueements ~ade by said Treasurer shall be by check or war?ant in the sa~e ~a~uer as ether disbursements of said City. The Treas~er shall nlsh ouch statements of receipts and disbursements of public utility as may be requested in writing by th~ original p~rohasers of revenae bomds of eMh utility or by the holder of any bond tharenf. The accounts of the Treasurer, with respect to any pub- lie utility having outstandiz~g revenue bonds, shall be a~dited a~e~ually by a certified public or registered accountant saris- factory to the Board and the City Council, end a copy of such audit ~hall be promptly ~alled t~ the origimal purchaser of bo~ds of such utility and mpc~ w~itten ~equest to the h~lder of any of said bonds. 3eotion 8. That the provisions of tkia ordinance stitute an irrevocable contract between the City of Aspen amd the h~lder or holders from time to time of any of the bos~ds of the City payable in whole or in part ~ the revenues derived from tbs shall be shall not affect, impair or invalidate of this ordinance, the intention being of shall be severable. operation of any municipal utility. Section 9. ~at if any provision of this ordinance Judicially adJudged~salid or inoperative, such Judgment the remaining provisions that each provision hers- Sectl~ 10. That all ordinances or any part thereof, in conflict with the provisions of this ordinance, are hereby repealed. Section 11. That since t~e qualified electors of said City have approved the acquisition of a municipal electric light and power system, it is essential that this ordinance be made effective as soon as possible. It is therefore declared that this ordinance is necessary for the lm~ediate preservation of the pub- Lc peace, health and safety, and it s~all take effect and be in force five days after its final publication. IrFRODUC~, PASSED OI FIRST READIEG AID OBD~ FUB- LI~H~ This ( SEAL ) Mayor A~TgST ~ (SEAL) (To appear Finally adopted in final publication) and approved this /J~-~day Of~_~, Hayor -5-