Ordinance #115
Public Utilities
Charter Ordinance to Create a Communications Utility - City of Reedsburg

(CITY OF REEDSBURG CHARTER ORDINANCE CREATING A COMMUNICATIONS UTILITY WITHIN THE CITY)

The City of Reedsburg, Sauk County, Wisconsin, does hereby ordain as follows:

SECTION 1: FINDINGS AND PURPOSE.

Pursuant to Wis. Stat. See. 66.01, the City of Reedsburg hereby exercises its Constitutional home rule authority of Article XI, Section 3, of the Wisconsin Constitution and makes the following finding of facts and amends its charter as indicated herein.

A. The City has determined to create a municipal Communications Utility within the City, which shall be responsible to plan, acquire, construct, extend, improve, maintain, operate, lease, dispose of, regulate and manage a communications system to be constructed within the City in order to provide, among other things, telephone, communications, data, Internet, news, cable television, video and information services. The Communications Utility of the City shall be under the jurisdiction of the Communications Utility and may exercise all powers necessary or desirable to effect its purposes.

B. The City hereby finds that the creation and operation of a Communications Utility, with the responsibilities and powers as specified above, are matters of local affairs and government within the meaning of Article XI, Section 3 of the Wisconsin Constitution and Wis, Stat. Sec. 66.01. It is hereby found that a communications system will provide public benefits by providing for the continued growth and economic development of the City of Reedsburg and is, thereby, in the best interests of the City of Reedsburg and within our local affairs and government. The City hereby further finds that a City-owned communications system is in the public interest as a means of facilitating the provision of telephone, communications, data, Internet, news, cable television, video and information services to the City and its departments. the school district and the public generally within the City of Reedsburg.

C. To the extent that any provisions of Chapter 62 or 66 of the Wisconsin Statutes could be interpreted as limiting the ability of the City of Reedsburg to create such a Communications Utility, the City of Reedsburg hereby declares that those provisions shall not apply to the City of Reedsburg.

DRAFTER'S NOTE: This is a Charter Ordinance pursuant to Wis. Stat. see. 66.01. It requires a two-thirds vote of the Common Council. The ordinance is not effective until 60 days after its passage and publication. If within the 60 days a petition signed by electors of the city or village equal to not less than 7% of the votes cast for governor at the last general election is filed in the clerk's office, the charter ordinance must be submitted to a referendum and approved by a majority of the electors who voted before it becomes effective.

SECTION 11: CODE SECTION REPEALED AND RE-CREATED.

A. City of Reedsburg Code Sec. 1. 103 is repealed.

B. City of Reedsburg Code Sec. 1. 103 is re-created.

SECTION III: CODE SECTION AS RE-CREATED.

City of Reedsburg Code Sec. 1. 103 is re-created as follows:

1.103 Utility Commission.

(1) Municipal Utilities. The City of Reedsburg municipal utilities shall consist of the electric, water, sewer and communications utilities. All municipal utilities shall be under the jurisdiction of the Utility Commission, except as elsewhere provided in the City of Reedsburg Code.

(2) Membership. The Utility Commission shall consist of 2 officers of the City and three citizens, appointed by the Mayor subject to confirmation of the Council, for terms of 5 years, commencing on October 1, in the year of the appointment, provided the Mayor shall stagger the initial appointments so that upon expiration of such appointments 1 member shall be appointed annually for a term of 2 years. A vacancy shall be created in the office occupied by a member of the common council when the person ceases to be a member of the Council.

(3) Eligibility. No person shall be eligible for membership on the Commission who sells supplies and materials directly to the Commission or for use by the municipal utilities,

(4) Organization. The Commission shall organize by choosing from among its members a President and Secretary.

(5) Compensation. Commission members shall receive such compensation as shall be agreed upon by the Commission and the Council, and the Commission shall fix the compensation to be paid to the Secretary.

(6) Powers and Duties.

(a) Method and Duties. The Commission shall have the entire charge, management and direction of all municipal utilities not placed under the jurisdiction of the Board of Public Works, subject only to the general control and supervision of the Council and to the jurisdiction of the State Public Service Commission.

(b) Employees. The Commission may employ a manager or superintendent of utilities and may fix his compensation. The City Engineer may be employed as a superintendent or manager and his salary as such shall be fixed from time to time by agreement of the Commission and Council. The Commission may employ other necessary employees and fix their compensation.

(c) Rules. The Commission may make all necessary rules governing its own proceedings and the government of the electric, water and communications utilities and all other municipal utilities under its jurisdiction.

(d) Construction Work. Utility construction work shall be under the immediate supervision of the Commission and all other Public Works construction under the supervision of the Public Works Committee. The Commission shall have full authority to let bids and enter into contracts in the name of the City, provided that such contracts are necessary or convenient to the management and operation of the municipal utilities under the Commission's jurisdiction.

(e) Other Powers. The Commission shall have such other powers as are necessary or convenient to the management and operation of all municipal utilities not placed under the supervision of the Public Works Committee, and the City intends that the Commission shall have full authority respecting such utilities unless the authority is specifically withheld by statute.

(7) Utility Funds and Accounts. Utility funds shall be handled by the Treasurer in a separate account. The funds of the electric, water and communications utilities and all other municipal utilities under the Commission's Jurisdiction shall be maintained in separate accounts. No funds shall be transferred to the City Treasurer except in accordance with Wis. Stat. sec. 66.069(l)(c) and (d).

(8) Recordings and Proceedings.

(a) The Commission shall keep books of account as prescribed by the Public Service Commission of Wisconsin, which shall be public records.

(b) The Secretary shall keep the minutes of the previous proceedings of the Commission and shall report semi-annually to the Council giving a brief summary of the condition of the utilities and the manner in which funds are allocated. The Secretary shall provide members of the Council with copies of the minutes of the Utility Commission on a monthly basis.

(9) Expenditures and Receipts. Expenditures of all municipal utilities under the jurisdiction of the Utility Commission shall be audited by the Commission and i approved shall be paid by the Treasurer upon warrants signed by the President and Secretary of the Commission. Receipts of any municipal utility placed under the jurisdiction of the Public Works Committee shall be paid to the City Treasurer.

(10) Facsimile Signatures. Checks issued on the utility account may be signed by the facsimile signatures of the Mayor and President of the Utility Commission.

SECTION IV: VALIDITY.

Should any section, clause or provision of the ordinance be declared by the courts to be invalid, the same shall not affect the validity of the ordinance as a whole or any part thereof, other than the part so declared to be invalid.

SECTION V: CONFLICTING PROVISIONS REPEALED,

All ordinances in conflict with any provisions of this ordinance are hereby repealed.

SECTION VI: EFFECTIVE DATE.

This ordinance shall be in force from and after its introduction and publication as provided by statute.

SECTION VII.

This ordinance becomes a part of the City of Reedsburg Code, Chapter 1.