Purpose, appointment, and powers of the Utility Board of Trustees.
The purpose of this chapter is to provide for the operation of the municipally owned electric and water utilities; and, as authorized by the vote of the electors on November 8, 2005, the management and control of the cable communication or television system, telephone or telecommunications system (including video, voice, telephone, data, and other forms of telecommunications and cable communications) utility by a Board of Trustees.
(Ord. 330 – May 06 Supp.)
The Mayor shall appoint, subject to the approval of the Council, five (5) persons to serve as trustees for staggered six (6) year terms. No public officer or salaried employee of the City may serve on the utility board.
(Nov. 09 City Election and Ord. 345 – Feb. 10 Supp.)
(Code of Iowa, Sec. 388.3)
The Council shall by resolution set the compensation of Board members.
(Code of Iowa, Sec. 388.3)
An appointment to fill a vacancy on the Board of Trustees shall be made in the same manner as an original appointment except that such appointment shall be for the balance of the unexpired term.
(Code of Iowa, Sec. 388.3)
The Board of Trustees may exercise all powers of the City in relation to the City Utilities it administers, with the following exceptions:
(Code of Iowa, Sec. 388.4)
1. Taxes, Ordinances and Bonds. The Board may not certify taxes to be levied, pass ordinances or amendments, or issue general obligation or special assessment bonds.
(Code of Iowa, Sec. 388.4[1])
2. Property. The title to all property of the City utilities must be held in the name of the City, but the Utility Board has all the powers and authority of the City with respect to the acquisition by purchase, condemnation, or otherwise, lease, sale, or other disposition of such property, and the management, control, and operation of the same, subject to the requirements, terms, covenants, conditions, and provisions of any resolutions authorizing the issuance of revenue bonds, pledge orders, or other obligations which are payable from the revenues of the City utilities, which are then outstanding.
(Code of Iowa, Sec. 388.4[2])
3. Reports to Council. The Board shall make a detailed annual report to the Council including a complete financial statement.
(Code of Iowa, Sec. 388.4[3])
4. Proceedings Published. Immediately following a regular or special meeting of the Board, the Secretary shall prepare a condensed statement of the proceedings of the Board and cause the statement to be published in a newspaper of general circulation in the City. The statement must include a list of all claims allowed, showing the name of the person or firm making the claim, the reason for the claim, and the amount of the claim. Salary claims must show the gross amount of the claim except that salaries paid to persons regularly employed by the utility, for services regularly performed by them, must be published once annually showing the gross amount of the salary. Failure by the Secretary to make publication is a simple misdemeanor.
(Code of Iowa, Sec. 388.4[4])
(Ord. 330 – May 06 Supp.)
The Board shall control tax revenues allocated to it as well as all moneys derived from operations.
(Code of Iowa, Sec. 388.5)
Utility moneys are held in a separate utility fund, with a separate account for each utility.
(Code of Iowa, Sec. 388.5)
A utility may not provide use or service at a discriminatory rate, except to the City or its agencies, as provided in Section 384.91, Code of Iowa.
(Code of Iowa, Sec. 388.6)
A proposal, on motion of the Council or upon receipt of a valid petition, to discontinue the utility board is subject to the approval of the voters of the City, except that the Board may be discontinued by resolution of the Council when the utility it administers is disposed of or leased for a period of over five (5) years.
(Code of Iowa, Sec. 388.2)
