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Home My WebLink About09/19/2005 Blue Sheet Town Code Amendment Utilities Board TOWN COUNCIL MEETING INFORMATION MEETING DATE: TOWN OF MARANA September 19, 2005 AGENDA ITEM: J.4. TO: MAYOR AND COUNCIL FROM: Frank Cassidy, Town Attorney SUBJECT: Ordinance No. 2005.20: Relating to Utilities; Amending the Marana Town Code by adding new Chapter 16 entitled "Utilities Board," Cre- ating the Utilities Board of the Town of Marana and setting forth the Duties of the Board; providing for repeal of conflicting ordinances; and providing for severability DISCUSSION Outside counsel, Michael Curtis, has recommended the creation of a Utilities Board, to maximize the Town's chances of being awarded Parker-Davis electrical power for use in connection with Town utilities and facilities. Consistent with that request, this proposed ordinance would create a seven-member Town of Marana Utilities Board, consisting of the Town Utilities Director, a Council-appointed wastewater representative, the Town Operations Director, the Town Finance Director, a Town Assistant Manager designated by the Town Manager, a Council-appointed Town resident, and one member of the Council appointed by the Council. The proposed ordi- nance also provides for Council to appoint one of the Board's members to act as chair. Council appointments to the Utilities Board are recommended in connection with a separate resolution on tonight's agenda. The Board would manage and operate the water, wastewater, street lights, electric and other utility functions of the town, subject to Town Council direction and decision- making on matters involving utility rates, the budget, capital acquisitions, and approval of certain contracts. Day-to-day operations would continue to be the responsibility of the Town Utilities Director under the supervision of the Town Manager. RECOMMENDATION Staff recommends adoption of Ordinance No. 2005.20, establishing the Town of Marana's Utili- ties Board. SUGGESTED MOTION I move to adopt Ordinance No. 2005.20. {00001270.DOC /} FJClcds 9/12/05 MARANA ORDINANCE NO. 2005.20 RELATING TO UTILITIES; AMENDING THE MARANA TOWN CODE BY ADDING NEW CHAPTER 16 ENTITLED "UTILITIES BOARD," CREATING THE UTILITIES BOARD OF THE TOWN OF MARANA AND SETTING FORTH THE DUTIES OF THE BOARD; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR SEVERABILITY BE IT ORDAINED by the Common Council of the Town of Marana, Arizona, as follows: Section I. In General. The Marana Town Code is hereby amended by adding a new Chapter 16 entitled "Utilities Board" to read as follows: CHAPTER 16 UTILITIES BOARD ARTICLE 16-1 GENERAL SECTION 16-1-1 CREATION. THERE IS CREATED THE UTILITIES BOARD OF THE TOWN OF MARANA FOR THE PURPOSE OF MANAGING AND OPERATING THE UTILITY OPERATIONS OF THE TOWN INCLUDING WATER, WASTEWATER, STREET LIGHTS, ELECTRIC AND OTHER AUTHORIZED UTILITY FUNCTIONS IN COMPLIANCE WITH THIS CHAPTER AND THE PROVISIONS OF APPLICABLE LA W. SECTION 16-1-2 MEMBERSHIP. THE MEMBERSHIP OF THE UTILITIES BOARD SHALL CONSIST OF THE TOWN UTILITIES DIRECTOR, A COUNCIL-APPOINTED WASTEWATER REPRESENTATIVE, THE TOWN OPERATIONS DIRECTOR, THE TOWN FINANCE DIRECTOR, A TOWN ASSISTANT MANAGER DESIGNATED BY THE TOWN MANAGER, A COUNCIL-APPOINTED TOWN RESIDENT, AND ONE MEMBER OF THE COUNCIL APPOINTED BY THE COUNCIL. THE TOWN COUNCIL SHALL CHOOSE THE CHAIRMAN OF THE UTILITIES BOARD FROM AMONG ITS MEMBERSHIP. {OOOOI082.DOC / 4} 09/12/2005 10:21 AM Marana Ordinance No. 2005.20 Page 2 of3 SECTION 16-1-3 POWERS AND DUTIES. A. 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, W ASTEW A TER, 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. B. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH A, RESPONSIBILITY 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. THE COUNCIL SHALL BE RESPONSIBLE 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. Section II. Providin1! for Reveal of Conflictin1! Ordinances. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance or any part of the Code adopted herein by reference are hereby repealed. Section III. Providin1! for Severability. {OOOO1082.DOC/4} 09/12/200510:21 AM Marana Ordinance No. 2005.20 Page 3 of3 If any section, subsection, sentence, clause, phrase or portion of this Ordinance or any part of the Code adopted herein 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 ofthe remaining portions thereof. PASSED AND ADOPTED by the Common Council of the Town of Marana, Arizona, this 19th day of September, 2005, by the following vote: AYES: NAYES: ABSENT: EXCUSED: ABSTAINED: APPROVED this 19th day of September, 2005. Ed Honea, Mayor ATTEST: Jocelyn Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney I, JOCELYN BRONSON, TOWN CLERK, DO HEREBY CERTIFY THAT A TRUE AND CORRECT COPY OF ORDINANCE NO. ADOPTED BY THE COMMON COUNCIL OF THE TOWN OF MARANA ON THE 19TH DAY OF SEPTEMBER, 2005, WAS POSTED IN THREE PLACES ON THE DAY OF , 2005. Jocelyn Bronson, Town Clerk {OOOOI082.DOC / 4} 09/12/2005 10:21 AM