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HomeMy WebLinkAboutOrdinance 2005.20 Adding chapter 16 entitled utilities board to the town code I F. ANN RODRIGUEZ, RECORDER I RECORDED BY: J V 1- DEPUTY RECORDER 1 4437 PE3 SMARA I TOWN OF MARANA ATTN: TOWN CLERK . 1 11555 W CIVIC CENTER DR MARANA AZ 85653 J- _ _ _____ __ ._ ___ ._ DOCKET: 12645 PAGE: 463 NO. OF PAGES: 3 SEQUENCE: 20051860077 09/23/2005 ORDIN 10:37 MAIL AMOUNT PAID $ 8.00 MARANA ORDINANCE NO. 2005.20 RELATING TO UTILITIES; AMENDING THE MARANA TOWN CODE BY l\DDING NEW CHAPTER 16 ENTITLED "UTILITIES BOARD" CREATING THE UTILITIES BOARD OF THE TOWN OF , 1 MARANA AND SETTING FORTH THE DUTIES OF THE BOARD; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR SEVERABILITY BE IT ORD~D by the Common Council of the Town of Maran a, Arizona, as follows: Section I. IJ General. The Marana Toln Code is hereby amended by adding a new Chapter 16 entitled "Utilities I Board" to read as follows: I I CHAPTER 16 UTILITIES BOARD ARTIC~E 16-1 GENERAL I SECTION 16-1-1 CREATION. I THERE IS CREATED THE UTILITIES BOARD OF THE TOWN OF 1 MARANA FOR THE PURPOSE OF MANAGING AND OPERATING 1 T;Iffi UTILITY OPERATIONS OF THE TOWN INCLUDING WATER, WASTEWATER, STREET LIGHTS, ELECTRIC AND OTHER AUTHORIZED UTILITY FUNCTIONS IN COMPLIANCE WITH THIS I CHAPTER AND THE PROVISIONS OF APPLICABLE LAW. I SECTION 16-1-2 MEMBERSHIP. I I 'qffi MEMBERSHIP OF THE UTILITIES BOARD SHALL CONSIST OF THE TOWN UTILITIES DIRECTOR, A COUNCIL-APPOINTED WASTEWATER REPRESENTATIVE, THE TOWN OPERATIONS I DIRECTOR, THE TOWN FINANCE DIRECTOR, A TOWN ASSISTANT MANAGER DESIGNATED BY THE TOWN MANAGER, A COUNCIL-APPOINTED TOWN RESIDENT, AND ONE MEMBER 1 OF THE COUNCIL APPOINTED BY THE COUNCIL. THE TOWN COUNCIL SHALL CHOOSE THE CHAIRMAN OF THE UTILITIES I BOARD FROM AMONG ITS MEMBERSHIP. I I {OOOO1082.DOC / 4} 09/12/2005 10:21 AM ~ ~ 5 m IS) 4 8 :3 3 ,... Marana Ordinance No. 2005.20 Page 2 of3 SECTION 16-1-3 I A.I I I POWERS AND DUTIES. THE BOARD SHALL HAVE THE FOLLOWING POWERS AND DUTIES: 1. KEEP AND SUBMIT MINUTES TO THE COUNCIL FOR INFORMATION. 2. SUBJECT TO THE PROVISIONS OF PARAGRAPH C, MANAGE AND OPERATE THE WATER, WASTEWATER, STREET LIGHTS, ELECTRIC AND OTHER UTILITY FUNCTIONS OF THE TOWN IN ACCORDANCE WITH THE PROVISIONS OF THIS CODE AND APPLICABLE LAW. 3. ADOPT AND AMEND BYLAWS OF THE BOARD, WHICH SHALL BE EFFECTIVE UPON REVIEW AND APPROVAL BY THE COUNCIL. BI NOTWlTHST ANDING THE PROVISIONS OF PARAGRAPH A, RESPONSffiILITY FOR THE DAILY OPERATIONS OF THE UTILITIES OF THE TOWN SHALL BE VESTED IN AND PERFORMED BY THE UTILITIES DIRECTOR UNDER THE SUPERVISION OF THE TOWN MANAGER. THE CHAIRMAN OF THE UTILITIES BOARD, ON BEHALF OF THE BOARD, SHALL CONSULT WITH THE TOWN MANAGER WITH RESPECT TO THE OPERATIONS OF THE TOWN'S UTILITIES. C. I THE COUNCIL SHALL BE RESPONSffiLE FOR APPROVAL OF UTILITY RATES, ADOPTION OF THE BUDGET, CAPITAL ACQUISITIONS AND APPROVAL OF CONTRACTS AS REQUIRED BY ARTICLE 3-4 OF THE TOWN CODE AND APPLICABLE LAW. 1 ~ 5 m 19 ..'1 l, 4 I I I I Section n. Providin2 for ReDeal of Conflictin2 Ordinances. All ordinances Jnd parts of ordinances in conflict with the provisions of this Ordinance or any part of the Code adbpted herein by reference are hereby repealed. I Section m. Providin2 for Severabilitv. I I {OOOOl082.DOC /4} 09/12/2005 10:21 AM I I If any section, sJsection, sentence, clause, phrase or portion of this Ordinance or any part of the Code adopted herJin by reference is for any reason 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 portions thbreof I PASSED AND ADOPTED by the Common Council of the Town of Marana, Arizona, this 19th day ofSeptembJr, 2005, by the following vote: Marana Ordinance No. 2005.20 Page 3 of3 '1 I &' I EXCUSED: t:J I ABSTAINED: APPROVED thJ 19th day of September, 2005. I I I I I ATTEST: I I ~At u:f11{~ -tor Joc~l;~ "Br~~son, Town! Clerk I APPRO AS F RM: I AYES: NA YES: ABSENT: t? c? Ed Hone , I , Town Attorney I , JOCELYN BRONSON, OWN CLERK, DO HEREBY CERTIFY THAT A TRUE AND CORRECT COpy qF ORDINANCE NO. d():J5. ~ ADOPTED BY THE COMMON COUNCIL OF THE TOWN OF MARANA ON THE 19TIl DAY OF SEPTEMBER, 2005, WAS I POSTED IN THREE PLACES ON THE ~ DAY OF S~ .pt~Mb~r , 2005. ~~,~ -F.C"Jocelyn Bronson, Town Clerk ~\""""',~ ~~\.OF~ ~ ;s- ~'\.~""""""~~~ s~~~ ~ ~ :::12~coRPORATf~ ~ ==ooo~.. - -SEAL- - ~ ~ E - ~ ~ g ~ ~ ~ ~;: ~ .d ~"I"U"\\~ ~ ~7~/Z '\ Cd' '~ ~lllIill\\\~ 1 2 8 4 5 m ~ B 1:" ~l {OOOOI082.DOC / 4} 09/12/2005 10:21 AM