Chapter 14: Public Utilities Commission | City of Springfield, MN 56087

14.01 Creation of Public Utilities Commission

There is hereby created and established in the City of Springfield a Public Utilities Commission with powers as hereafter defined.

14.02 Appointment, Qualifications

The Commission shall consist of three members, each of whom shall have been a citizen and qualified voter of the city for five years immediately prior to the date of his appointment, and also at the time of his appointment shall have been a freeholder of the City of Springfield for a period of one year immediately prior thereto.

Within thirty days after this charter goes into effect, the City Charter Commission shall submit the names of five resident freeholders, qualified for membership on the Utilities Commission to the City Council of the City of Springfield for its confirmation and approval. If the City Council fails to select three persons from this list of five, then other names of resident qualified freeholders shall be submitted by the Charter Commission in manner as follows:

If the City Council approves of less than three of those so submitted, the Charter Commission shall submit the name of one additional qualified person if two have been accepted, and the names of two additional qualified persons if one has been accepted. If the City Council refuses to accept any such additional person or persons, then the name of one other qualified person shall be submitted for each such rejection until, except as hereinafter provided, a full commission of three has been approved. However, in case the City Council refuses to accept any of the original five persons whose names were submitted for membership on the Commission, then the Charter Commission shall submit the names of three other qualified persons, and those three must be and shall be accepted and appointed by the City Council as the duly appointed and selected Utilities Commission. In no case whatsoever shall the names of more than eight persons be submitted to the City Council by the Charter Commission.

14.03 Vacancy, Death, Resignation and Removal

In case of vacancy on the Utilities Commission, caused by the death or resignation of a member of the Utilities Commission, or by reason of any other cause, such vacancy shall be filled in the following manner:

The City Charter Commission shall submit the name of one qualified person to the City Council for each such vacancy, and if the City Council rejects the person whose name is so submitted, then the Charter Commission shall submit the name of one other person, and that person must then be accepted by the City Council and be appointed to membership on the Utilities Commission to fill such vacancy.

The selection, approval or rejection of persons whose names are submitted by the Charter Commission to the City Council, shall be by the majority vote of the entire City Council, and the Mayor shall have no vote in the selection, approval or rejection by the City Council of the persons whose names are so submitted to the City Council.

14.03 Vacancy, Death, Resignation and Removal

14.04 Term of office

When the first appointments are made, one member on the Utilities Commission shall be appointed for a term of one year; one member shall be appointed for a term of two years; one member shall be appointed for a term of three years; and thereafter, the terms of each member on the Utilities Commission shall be for three years, but staggered as hereinbefore stated. Each member shall hold office until his successor is appointed and has qualified, Each member of he Utilities Commission shall file his oath of office, but need not be required to file a bond for the faithful performance of his duties. Appointees, in case of death, vacancy, resignation or removal, shall serve for the unexpired term of their pre- decessors. The Mayor of the City, members of the City Council, or members of the Charter Commission, shall not be eligible for mem- bership on the Utilities Commission.

14.05 Removal of Members of Commission

Any member of the Commission may be removed from his offlce by a four-fifths vote of the entire City Council, but no such member shall be removed except for cause and until he has had furnished to him a written statement of the charges against him, and has had a reasonable oppor- tunity to be heard in his defense.

14.06- Compensation of Members

Members of the Utilities Commission shall receive such compensation as is determined by resolution of the City Council. The Utilities Commission members may also be reimbursed for actual and necessary expenses as approved by the City Council. (2020, Ord. No. 429)

14.07 - Powers and Duties of the Commission

Except as otherwise provided in this chapter, and provided that old storm sewers shall be under the full and exclusive control, ownership, and jurisdiction of the City Council, and it alone shall construct, repair, improve the same, provide for the method of financing and payment therefor, establish and enforce rules and regulations pertain- ing thereo, prescribe penalties for the violation thereof, and the City Council shall have such other authority as shall be reasonable, necessary, or incidental to the foregoing enumerated powers, the Commission shall have the full and exclusive control of and power over the entire waterworks system, the Sanitary Sewers, including Sewage Disposal Plant, the Electric Light Plant and Distribution System, the Filteration Plant, and the Steam Heating System now owned by the City and of any other utility now or at any time hereafter owned or operated by the Cicy and determined by the City Council, including all build ings, structures, machinery, apparatus, equipment, materials, and sup- plies, and all other property belonging to or appurtenant to the same, and shall also have full and exclusive control and power over all moneys, bonds, certificates of indebtedness, warrants, and other securities in the current or any other fund of the Commission as now established or such as may be issued and created in the future.

The Commission shall have power:

(a) To fix the time and place of its meetings, but it shall meet at least once each month: and two members of the Commission may call special meetings upon reasonable notice given to each member of the Commission.

(b) To operate each and all of said utilities and to do any and all things necessary for the economical management, control and operation thereof.

(c) To keep the same in repair and make necessary replacements, extensions, improvements, changes and additions thereto: provided, however, that the Commission shall have no power to make any re- placements, extensions, improvements, changes or additions which require the issuance of the bonds of the City to pay for the same in whole or in part, or which are to be paid for in whole or in part by special assessment upon property benefited: but in such cases, the Commission shall recommend in writing, the making of such replacements, extensions, improvements, changes or additions, whereupon the City Council shall in its discretion proceed to make the same and to issue bonds or levy assessments upon benefited property, as the case may be, to pay for the same, in whole or in part. Upon the completion of such replacements, extensions, improvements, changes or additions, the Commission shall have the full control and management therof, including power to operate the same.

(d) To buy fuel, supplies and other materials.

(e) To fix and determine the rates and charges to be made for water, light, heat, power and other services furnished by said utilities, and to collect the same, and all other earnings and revenue of said utilities; provided, however, that whenever any new schedule of rates is adopted for any of the utilities, or any change of alteration is made in the exisiting schedules, affecting either in part, or all of the patrons of such utilities, the Commission shall cause public announcements of such new schedule, or such change or alteration, to be made in the official newspaper of the City.

(f) To prescribe the time and manner in which payment for all such service shall be made, and to provide for the discontinuance or termination of such service in case of nonpayment, and in its discretion to require payment in advance for any or all of such service.

(g) To make and enforce reasonable rules and regulations pertaining to such service and the distribution and use thereof, and the operation of such utilities, and to prescribe penalties for the violation thereof. Any and all rules, resolutions, regulations and ordinances which are now in force relating to the Water Works System, Storm and Sanitory Sewers, including Sewage Disposal Plant, the Electric Light Plant and Distribution System, and the Filtration Plant, and the Steam Heating System, of the City shall be deemed and considered adopted by the Commission and to be in full force and effect until repealed, altered, or amended by the Commission.

(h) To prescribe the form of books of account to be kept by the Commission, and also to prescribe and enforce such methods of accounting as it may deem necessary or proper.

(i) The Commission shall have the right to the reasonable use of the streets, alleys, and public grounds of the City for the purpose of maintaining and operating such utilities and for repairing the same, or making any extensions, improvements, changes, or additions thereto; but whenever the surface of any street, alley or public ground is disturbed, the Commission shall cause the same to be promptly restored, as nearly as may be, to its original condition.

(j) To make, perform and enforce contracts in the name and in behalf of the City, and to do any and all other things that may be necessary or proper to carry out the purposes expressed herein.

14.08 - Voters to Approve Sale, Lease or Abandonment

(a) No sale, lease or abandonment of any public utility now or herafter at any time owned by the City, nor any part thereof, shall be initiated unless said sale, lease or abandonment is first approved by a two-thirds vote of the members of the Utilities Commission, and a resolution to that effect adopted and approved by a two-thirds vote of such commission.

(b) If said resolution shall so be adopted by the Utilities Commission as hereinbefore stated, the same shall then be presented to the City Council for their approval and confirmation, which action for sale, lease or abandonment of said utility shall also be adopted by the City Council by a four-fifths vote thereof and shall not become effective until the same has been adopted by said four-fifths vote of the City Council, and shall have been submitted to the legal voters of the City of Springfield, at a regular or special election held thereon, and approved by a two-thirds vote of the electors voting thereon at such election.

14.09 Officers

Immediately after their appointment and qualification, the Commission shall elect from their number, a President and a Vice President, who shall hold office until the regular annual meeting of the Commission to be held one year thereafter from date of first election. At each annual meeting thereafter, the Commission shall elect from their number a President and a Vice President, who shall hold office for one year and until their successors are elected and qualify.

The City Cerk shall be the Secretary of the Commission, shall have no vote nor dictate the policy of the Commission. The City Treasurer shall be the Trezsurer of the Commission. As soon as the Commission is at organized, a Superintendent of Public Utilities shall be appointed by the Commission who shall hold office the pleasure of the Commission.

Such other officers, and clerical help, as the Commission may deem necessary, or proper, shall be appointed from time to time, and the Commission shall prescribe the respective duties of such officers and clerical help, all of whom shall hold office at the pleasure of the Commission.

Such other officers, and clerical help, as the Commission may deem necessary, or proper, shall be appointed from time to time, and the Commisson shall prescribe the respective duties of such officers and clerical help, all of whom shall hold office at the pleasure of the Commission.

14.10 - Duties of the President

The President shall preside at all meetings of the Commission and shall sign all orders on the Treasurer, and also all contracts authorized by the Commission.

14.11 - Duties of the Vice President

The Vice President shall perform the duties of the President in case of the latters absence or disability.

14.12 - Duties of the Secretary

The Secretary shall have the following powers and duties:

(a) The City Clerk of the City of Springfield shall be and act as Secretary of the Utilities Commission.

(b) He shall be the Chief Accounting Officer of the Commission and shall keep a complete set of books, showing in detail all of the business and financial affairs and transactions of the Commission.

(d) He shall be the custodian of all of the books, records and pаpers of the Commission, except as otherwise provided in this Charter.

(e) He shall be the Clerk of the Commission, shall attend to all of its meetings and keep an accurate record of all of its proceedings in books to be provided therefor.

(f) He shall sign all orders on the Treasurer but only when authorized so to do as provided in this Charter. He shall also sign any and all contracts authorized by the Commission pursuant to the provisions of this Charter.

(g) He shall make a monthly report to the Commission, showing in detail, and classified as to funds, all moneys received and paid out in behalf of the Commission since his last monthly report, the balance to the credit of each fund, and the balance on deposit in each City Depository. To each monthly report shall be attached a detailed statement of all patrons who are delinquent in payments of their accounts, and the amount owing by each of them. Such report shall also contain any other information that may be required by the Commission.

(h) At the end of each fiscal year of the City, he shall make a written report to the Commission and to the City Council, showing in detail, and classified as to funds, all moneys received and paid out by the Commission for the fiscal year then ending; the balance to the credit of each fund; the balance on deposit in each city depository; and the character and amount of outstanding bonds or other funded obligations for the payment of which the Commission is primarily liable. The report shall also show the nature and cost of any changes, improvements, or additions made during said year to the utilities under its control and shall also set forth any other changes, improvements, or additions contemplated or under consideration by the Commission, with an estimate of the cost thereof. It shall also contain any other information that the Commission may deem to be of interest to the City Council. The Secretary shall also make such other and further reports as may from time to time be required of him by the Commission. All such reports shall be in such form as prescribed by the Commission.

(i) Copies of all reports made to the Commission, as provided this Section, shall be furnished to the City Council. in

14.13 - Duties of the Treasurer

The powers and duties of the Treasurer shall be as follows: ing

(a) He shall receive and safely keep all moneys and funds belong to the Commission.

(b) The Treasurer shall attend all meetings of the Commission, but shall have no vote on the Commission.

(c) He shall keep an accurats and detailed record of all moneys and property recsived or disbursed by him belonging to the Commision. He shall keen a senarate account for each fund, and pay out no money, except upon an order signed by the President and Secretary of the Commission, as provided for in this Charter. He shall pay all orders out of the particular fund on which they are drawn, and no other; and shall refuse to pay any order when there is insufficient money in the fund on which it is drawn to pay the same.

(d) He shall deposit all moneys received by him, belonging to the Commission in some bank or banks designated by the City Council as a City Depository or depcsitories. All moneys shall be deposited in the name of the City of Springfield-Public Utilities Commission. He shall issue receipts for all moneys paid to him, which shall be in such form as may be prescribed by the Commission.

(e) He shall make a monthly report to the Commission, showing in detail, and classified as to funds, moneys received and paid out in behalf of the Commission since his last monthly report, the balance to the credit of each fund, and the balance on deposit in each city depository. To each monthly report shall be attached a detailed statement of all patrons who are delinquent in payment of their accounts, and the amount owing by each of them. Such report shall also contain any other information that may be required by the Commission.

(f) At the end of each fiscal year of the City he shall present a similar report to the Commission, showing in detail all receipts and disbursements of the Commission for the fiscal year then ending. He shall also make such other and further reports as may from time to time be required of him by the Commission. All of said reports shall be in such form as may be prescribed by the Commission.

(g) Copies of all reports made to the Commission as provided in this Section, shall be furnished to the City Council.

(h) He shall have such other powers and duties as may be elsewhere provided in this charter or as may be hereafter provided and ordered by the Commission.

14.14 - Duties of the Superintendent of Utilities

The Superintendent of Utilities shall have the following powers and duties:

(a) He shall have charge of the physical property of the Commission and the operation of all utilities of the City, subject to the provisions of this Charter, and to any rules, regulations and directions given by the Commission. to

(b) He shall attend all meetings of the Commission, with the right take part in its discussion, but shall have no vote.

(c) He shall be the purchasing agent of the Commission, and shall have power and authority to make purchases for it, and to enter into contracts in its behalf, subject to the provisions of Sections 14.19 and 14.20 hereof, subject to such rules and regulations as may be from time to time prescribed by the Commission.

(d) He shall audit and approve in writing all bills and accounts before orders are drawn for their payment.

(e) He shall make such suggestions and recommendations to the Commission from time to time as he thinks proper, and the Commission may, whenever it sees fit so to do, refer any question or matter to the Superintendent for investigation and report.

(f) He shall perform such other duties as may be prescribed by this Charter, or required by the Commission, not inconsistent with the provisions hereof.

(g) He shall appoint all employees of the Commission whose appointment is not otherwise provided for in this Charter, or who are not appointed by the Commission under the provisions of Section 14.09 hereof, and prescribe their duties, and he shall also have the power to suspend or remove such employees so appointed by him at his pleasure.

14.16 Compensation of Officers and Employees

No salary or compensation shall be paid by the Commission to the Secretary and Treasurer, but the Commission shall pay to the City such shares of their salaries as may be agreed upon by the Commission and the City Council. In case of disagreement between the Commission and City Council, the share of said salaries to be paid by the Commission shall be determined by the Mayor. The salary and compensation of the Superintendent of Utilities and other officers and employees of the Commission shall be fixed by the Commission.

14.17 Requisitions

No order shall be placed or any purchase made for or on account of the Commissison except upon written requisition by the Superintendent of Utilities.

14.18 - Purchases Exceeding $3,000.00

Except as otherwise provided in Sec. 14.22, no purchase involving the expenditure of more than Three Thousand Dollars shall be made except upon public bids, and in all such cases public notice shall be given and bids invited for the same by advertisement published in the official paper of the City once in each week, for two successive weeks.