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HomeMy WebLinkAbout4796 - 12/12/2005 INDEXW BLACK HAWK COUNTY,IOWA:ss FEE BOOK# 2006 20376 PROOFYFILED FOR RECORD FEB 21 2006 ,AT 4:00 P. M. FEE 1-15.00-1.00/ COMPARED (IZr i 1 cQ BLACK HAWK COUNTY RECORDER CITY OF WATERLOO This Ordinance prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. ORDINANCE NO. 4796 AN ORDINANCE AMENDING THE 2001 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY ADDING A NEW CHAPTER 16, TELECOMMUNICATIONS BOARD, TO TITLE 2, BOARDS AND COMMISSIONS . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: That a new Chapter 16, Telecommunications Board, of Title 2, Boards and Commissions, of the 2001 Code of Ordinances of the City of Waterloo, Iowa, is hereby enacted as follows : CHAPTER 16 TELECOMMUNICATIONS BOARD Section 2-16-1 : Board Created. There is hereby created and established a telecommunications board to operate the city telecommunications utility. The title of the utility board shall be the board of trustees of the municipal telecommunications utility of the city (hereinafter "board of trustees") . Section 2-16-2 : Membership; appointment of member. A board of trustees of the telecommunications utility shall consist of five members . All said trustees shall be appointed by the mayor with the approval of the council . Section 2-16-3 : Qualifications of members . All of the members of the board of trustees shall be bona fide citizens and residents of the city, and shall be over the age of 18 . Section 2-16-4 : Term of office . All appointments of the board of trustees shall be for six years, except to fill vacancies . Each term shall commence on January 1 . Said appointments shall be made for staggered six- year terms, except that the terms of trustees appointed to the initial board shall be as follows : one trustee shall be appointed for a term of six years, expiring January 1, 2012; one trustee shall be appointed for a term of five years, expiring January 1, 2011; one trustee shall be appointed for a term of four years, expiring January 1, 2010; one trustee shall be appointed for a term of three years, expiring January 1, 2009; and one trustee shall be appointed for a term of two years, expiring January 1, 2008 . All subsequent appointments shall be for a term of six years . No member of the board shall serve more than two consecutive terms and shall not be reappointed to a third term unless said member has not served on the board for a minimum of one year before reappointment, except that a third term may be approved upon extraordinary circumstances and unavailability of qualified applicants . Ordinance No. 4796 Page 2 Section 2-16-5 : Vacancies . The position of any trustee of the board of trustees shall be deemed vacant if he or she moves permanently from the city. Vacancies in the board shall be filled by appointment of the mayor, with the approval of the council, and the newly appointed trustee shall fill out the unexpired term for which the appointment is made. Section 2-16-6 : Powers and duties generally. (a) The board of trustees may exercise all powers of the city in relation to the communication utility, subject to Chapter 388 of the Iowa Code as amended from time to time and subject to the following exceptions : (1) The board may not certify taxes to be levied, pass ordinances or amendments, or issue general obligation or special assessment bonds . (2) The title to all property of a city utility or combined utility system must be held in the name of the city, but the utility board has all the powers and authorities of the city with respect to the acquisition or 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 utility or combined utility system, and which are then outstanding. (3) The board shall make to the council a detailed annual report, including a complete financial statement . (4 ) 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. (5) The city attorney shall be chief legal counsel for the board. ( 6) To facilitate public access to the activities of the board, the board shall hold its meetings and locate its administrative offices in city hall or such other space in city facilities as may be designated for such purposes by the city council . Ordinance No. 4796 Page 3 (b) The board of trustees shall control revenues allocated to the communication utility and all moneys derived from the operation of the utility, the sale of utility property, interest on investments, or from other sources related to the utility. All city utility moneys received must be held in a separate utility fund, with a separate account or accounts for each utility. INTRODUCED: December 12, 2005 PASSED 1st CONSIDERATION: December 12, 2005 PASSED 2nd CONSIDERATION: December 12, 2005 PASSED 3rd CONSIDERATION: December 12, 2005 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 12th day of December, 2005, and approved by the Mayor on the 14th day of December, 2005 . Timothy J. ti ► ey, Ma .r ATTEST: Nancy cke CMC City Clerk CERTIFICATE I, Nancy Eckert, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 4796, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 12th day of December, 2005 . Witness my hand and seal of office this 14th day of December, 2005 . c-12.JL SEAL ? Nancy Ecke g CMC City Clerk w