A.
The City Council, by resolution, may, and upon the
filing with the City Clerk of a written petition signed by 100 residents
of the City registered to vote in the last preceding general election
requesting said action shall, place on the ballot for the next general
election a proposition for the establishment, merger, consolidation
or abolition of a Board of Police Commissioners, Board of Fire Commissioners
or Board of Water Commissioners; except that, if no general election
is to be held within 90 days of such resolution, the Council may provide
for a special election to consider such a proposition. Each proposition
shall relate to only one such Board; provided, however, that more
than one proposition may appear on the same ballot. The proposition
shall be publicized and advertised, and any such special election
shall be conducted in the manner hereinafter provided in this Act.
C.
If at an election held as hereinabove provided the
voters, by a majority of those of the legal voters of the City who
vote on the proposition, assent to the establishment, merger, consolidation
or abolition as the case may be of any board, an ordinance effectuating
the expressed desire of the voters shall be adopted within 60 days
from the date thereof.
D.
Notwithstanding the provisions of Subsection A of this section, the City Council may, by ordinance, abolish any of the boards created herein. Upon the adoption of an ordinance abolishing any of the boards created herein, all of the assets and liabilities of the board shall become the assets and liabilities of the municipality. The municipality may, however, create such advisory councils for its police, fire and water functions as it may deem necessary.
When established by the voters of the City,
the board shall assume responsibility for the operation, conduct and
efficiency of the Police or Fire Department, as the case may be, and
shall have power by resolution to:
A.
Appoint all the personnel thereof necessary for the
operation of the Department; provided, however, that in the case of
the Police Department, the Police Chief, and of the Fire Department,
the Fire Chief shall be appointed as otherwise provided in this Act,
and as the appointing authority establish regulations and administer
the same governing personnel practices and policies including the
exercise of the power according to law to suspend, discharge, demote,
promote or discipline personnel.
B.
Fix compensation as part of the annual budget of the
Department, which when adopted shall not thereafter be changed for
the balance of the fiscal year except as provided in this Act upon
recommendation to and after approval by resolution of the City Council.
C.
Provide for the care and maintenance of all lands,
improvements, buildings, vehicles and other personalty entrusted to
the Department, but not for the acquisition, leasing or disposition
of real property or any right, title or interest therein except with
the consent and approval of the City Council.
D.
Enter into contracts and agreements necessary for
the operation of the business of the Department and purchasing of
equipment and supplies, except as limited by ordinance requiring the
purchase and disposition of equipment and supplies of a character
not unique to the Department to be conducted through a central purchasing
agency for the City.
When established by the voters of the City,
the Board of Water Commissioners shall assume responsibility for the
operation, conduct and efficiency of the Water Department and shall
have power to:
A.
Appoint, fix the compensation of and, in accordance
with law, to suspend, discharge and discipline all personnel thereof
necessary for the operation of the Department.
B.
Appoint by resolution a Water Engineer for a term
of three years and prescribe his duties.
C.
Provide for the care and maintenance of all lands,
improvements, buildings, vehicles and other personalty entrusted to
the Department.
D.
Enter into contracts and agreements necessary for
the operation of the business of the Department and purchasing of
supplies and equipment.
E.
Exercise custody, control and management of the waterworks
and water supply of the City, including the power and authority to
maintain, repair, equip and extend the waterworks and water supply
system of the City both within the City and outside the boundaries
thereof.
F.
Establish and, from time to time, change the rates
to be charged for water supplied to the inhabitants of the City or
others and adopt and establish rules and regulations with respect
to the use and protection of the water supply and waterworks and determine,
where service to inhabitants of the City will not be impaired, the
terms, bases and extent that water may be sold or supplied to other
municipalities or to the residents thereof.
A.
All moneys received from:
(1)
The residents of the City or from other consumers
for water supplies;
(2)
Other services performed by the Water Department;
(3)
Sale, lease or disposal of water reserve lands as
hereinafter provided;
(4)
The proceeds of bonds or notes issued in such city
for the uses or purposes of the Water Department; and
(5)
Appropriations of the City Council for the use or
purposes of the Water Department,
shall be kept in a special fund to be known
as the "Water Department Fund," which shall be paid out only on warrants
or checks signed by the Chairman or President of the Board of Water
Commissioners and the Mayor.
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B.
The said Board shall, on or before a certain day in
each year to be fixed by the Board, cause a careful estimate to be
made of the interest on the water debt, cost of managing and keeping
in repair and operation the works for the ensuing year, the amount
to be received during the same year for the use of water and water
rents, and the deficiency, if any, of such receipts for the payment
of such expenditures, and shall report the same in writing to the
City Council, and if there is any deficiency, the said report shall
be submitted no later than January 25 of the year in which the deficiency
is anticipated, whereupon the City Council shall include in the annual
budget an appropriation to meet any such deficiency. In case of any
such deficiency, the City Council shall have the right and power to
review and pass upon the budget of the Water Department for the year
of the deficiency in the same manner as the rest of the municipal
budget, but otherwise shall not be required to vote thereon.
C.
The Board shall not have the power to incur indebtedness,
and any bond issue required for capital expenditures shall require
authorization by ordinance. If the surplus accumulated by the Water
Department and reserves not committed as allowed by law shall exceed
at the end of the fiscal year 50% of the gross revenue for that year
from the sale of water to the inhabitants of the City or other consumers,
then the Board of Water Commissioners shall appropriate the excess
over 50% to and for the general use of the City unless the City Council
by resolution authorizes the Board of Water Commissioners to retain
part or all of the said excess for some other lawful purpose.
The Board of Water Commissioners shall have
use of real property needed for water reserve and water supply purposes.
No real property or interest therein shall be leased, sold or disposed
of or easement given or contract thereafter authorized for purposes
other than the operation of the waterworks or water supply system
unless the Board of Water Commissioners shall determine that the sale,
lease, easement or disposition can be made without impairing the operation
and function, present or anticipated, of the water supply and water
reserve system for the people of the City. No such lease, sale, disposition
or easement or contract therefor shall be authorized by the City Council
unless and until notice 30 days in advance thereof has been filed
in writing with the Secretary of the Board to afford opportunity by
the Board to make any appropriate determination and advise the City
Council thereof. Real property or interests therein acquired as part
of the water supply or water reserve system shall be held in the name
of the City, and such acquisition shall be made upon recommendation
of the Board of Water Commissioners and adoption of an ordinance concurring
therein by the City Council.