HomeMy WebLinkAbout4.l. Utilities Commission Ordinance AmendmentCITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: FEBRUARY 18, 1992
AGENDA ITEM: Ordinance amending Ordinance
AGENDA SECTION:
VII.5 Public Utilities Commission
Consent
PREPARED BY: Susan L. VanderHeyden
Assistant City Administrator
AGENDAIRm
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ATTACM1ENTS: Ordinances
APPR B
The attached ordinance amendment is being considered for the purpose of
incorporating the duties and powers of the Rosemount Cable Commission into
the duties and powers of the Rosemount Public Utilities Commission. Both
Commissions are served by the same representatives and meet consecutively.
In addition, many of the reviews of service and duties are the same for the
Commissions, therefore, this consolidation will assist in better organizing
and streamlining the duties of the Utilities and Cable Commissions.
In addition, the Cable Commission at its February 10, 1992, regular meeting
approved a motion requesting the City Counicl to combine the Cable and
Utilities Commissions.
Staff will be present to answer any questions you may have.
RECOMMENDED ACTION: MOTION TO ADOPT ORDINANCE NO. VII.6 AN ORDINANCE
AMENDING ORDINANCE NO. VII.5, AN ORDINANCE PROVIDING FOR THE ESTABLISH-
MENT, ORGANIZATION, COMPENSATION, POWERS AND DUTIES AND JURISDICTION OF
THE PUBLIC UTILITIES COMMISSION.
COUNCIL ACTION:
CITY OF ROSEMOUNT
ORDINANCE NO. VII.6
AN ORDINANCE AMENDING ORDINANCE NO. VII.5, AN ORDINANCE PROVIDING
FOR THE ESTABLISHMENT, ORGANIZATION, COMPENSATION, POWERS AND
DUTIES AND JURISDICTION OF THE PUBLIC UTILITIES COMMISSION
The City Council of the City of Rosemount does ordain:
SECTION 2-4-1 of Ordinance VII.5 is amended to read:
Ex officio members of the Commission shall be the City
Administrator and the Mayor.
SECTION 2-4-4 of Ordinance VII.5 is amended to read:
C. The Public Utilities Commission shall also be responsible
for review of cable services within the City for the
following purposes:
1. To monitor the cable company's performance as to
level of service.
2. To advise and make recommendations to the City
Council concerning use of franchise fees.
D. The Commission jurisdiction is limited to what is
specified in the cable franchise agreements. It has no
power to adjust or approve cable rates or to require the
cable company to improve level of service or to expand
into new service areas within the City. The Commission
may do the following:
1. Review and adopt operating budgets with respect to
the amount of revenue the City receives from the
franchise fee.
2. Authorize expenditures for funds specifically
budgeted by the Commission.
3. Conciliate disagreements among the cable company,
subscribers and users of the system.
4. Submit an annual report to the cable company and
City Council assessing the company's performance
according to the terms of the franchise agreement.
THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS
PASSAGE AND PUBLICATION ACCORDING TO LAN.
Adopted this 18th day of February, 1992
E.B. McMenomy, Mayor
ATTEST:
Susan M. Walsh, City Clerk
Published this day ,of, February, 3.992 in Farmington
Independent.
2-4-1
CHAPTER 4
PUBLIC UTILITIES COMMISSION
SECTION:
2-4-1:
Establishment of Commission
2-4-2:
Organization
2-4-3:
Compensation
2-4-4:
Powers and Duties, Jurisdiction
2-4-1
2-4-1: ESTABLISHMENT OF COMMISSION: The Public Utilities
Commission of the City as authorized by Minnesota Statutes,
sections 412.321 through 412.391, which sections are hereby expressly
accepted, is hereby established.
The Commission s ' Commission hall consist of three (3) members appointed by the City
Council.
The three (3) initial terms shall commence on February 2, 1971. Thereafter,
the City Council shall appoint one new member each year, said appointment
to be made for a three (3) year term to commence on February 1 of the year
appointed.
Ex officio members of the Commission shall be the City Administrator/Clerk
and the Mayor.
The Public Works Director for the City will act as the Executive Director for
the Utilities Commission. In that capacity the Executive Director will take
direction from the Commission, report to the Commission with information and
recommendations on all matters at the direction of the Commission or on his/her
own initiative.
Secretarial service to the Commission shall be provided by City staff as directed
by the Commission Executive Director.
The Commission will meet at least once monthly at a time and place set by
majority vote of the Commission. These will be considered public meetings.
988
2-4-2 2-4-4
2-4-2: ORGANIZATION: The provisions of Minnesota Statutes, section
412.321 shall apply to the composition, terns, appointment,
qualifications and removal of members of the Commission.
2-4-3: COMPENSATION: Each member shall receive a salary of twenty
five dollars (525.00) per meeting, payable at such times as may
be prescribed by the Council. The City Council hereby reserves the right to
regulate said salary and to adjust or abolish the same at any time.
Compensation to the Executive Director and support staff will be determined
by motion passed by the Commission and approval granted by the City Council.
2-4-4: POWERS AND DUTIES, JURISDICTION:
A. The Public Utilities Commission shall have responsibility over the following
public utilities of the City:'
1. City operated water systems.
2. City operated sanitary sewer systems.
3. City operated storm water systems.
"4. Other utility systems serving the general public in Rosemount where
the City has a determined part in determining the need and level of such
service.
5. Any public buildings owned and operated by the City for functions
directly relating to items in subsections Al - A-4 above.
B. With respect to the Qublic Utilities Commission areas of jurisdiction
enumerated above, the Public Utilities Commission shall have the powers
prescribed by IaW2 and more specifically as follows:
1. To review and adopt operating budgets and authorize expenditures
for funds specifically set out for use in the operation and maintenance
of the above referenced utilities.
2. To make recommendations to the City Council on the hiring of
personnel, constructin of new infrastructure, purchase of additional
equipment and construction of new buildings for the operation and
maintenance of the above referenced utilities.
3. To review all proposed developments in the City including residential,
industrial and commercial in nature and make recommendations, as part
of that review process, to the City Council on these proposed
1. See Title 4 of this Municipal Code for water and sewer system regulations.
2. M.S.A. §216A.05.
988
2-4-4 2-4-4
133) developments as they relate to the needs of the community in all areas
of the above referenced utilities. These reviews being a required part
of the approval process for proposed developments
4. At least annually, at the Commissions' regularly scheduled January
meeting, or more frequently if deemed necessary by the Commission,
review all user fees, connection charges and other associated forms of
revenue to these utilities and present recommendations to the City
Council regarding these fees. Adding or deleting of such fees will also
be determined, through this process. (Ord. VII.5, 4-5-88)
988