The City of Breckenridge shall have the power to own and operate water, electric light and power, gas systems or systems for distribution of any other source of energy, sanitary sewer system, garbage and waste collection, disposal system, municipal airport and any other public utility which may be authorized pursuant to ordinance duly adopted by the Council, and it may furnish water, light and power and gas, or any other source of energy for all municipal purposes, and may supply the same to the inhabitants of the City and to such other persons as it may deem expedient.
[Amended 2-7-2002 by Ord. No. 440]
The public water works, electric light and power system, gas system and any system supplying any other source of energy owned, operated or distributed by the City shall constitute one department in the City known as the "Public Utilities Department." The control, management and operation of all such public utilities shall be committed to a board known as the "Public Utilities Commission." The City Council may by ordinance make the sanitary sewer system, garbage and waste collection, disposal system, municipal airport or any other public utility, from which a revenue is or may be derived, a part of the Public Utilities Department or may, in the same manner, commit the supervision of any such sanitary sewer system, garbage and waste collection and disposal system, municipal airport and any other public utility in whole or in part to the Public Utilities Department.
[Amended 2-7-2002 by Ord. No. 440]
A. 
The Public Utilities Commission shall consist of not less than three nor more than five members as may be determined by the Council, and all members thereof shall be residents and qualified electors of the City. Members of the Commission shall be appointed by the City Council as follows:
(1) 
In February following the first annual election under this Charter, one member shall be appointed for a term of three years, provided that, in the event that the members of the Commission are increased to more than three, then the Council in February following the first annual election shall appoint two members to such Commission to serve for a period of three years.
(2) 
Thereafter in February of each year, the City Council shall appoint not less than one nor more than two members to such Commission; and in the event that the Commission consists of three members then only one member shall be appointed in each February each for a term of three years, and all such appointees shall serve from March 1 following their appointment for the three-year term and until their successors are appointed and qualified.
B. 
Such appointment shall be made by the Council by resolution adopted by a majority vote of all the members of the Council, and such Commissioners before entering upon the duties of their offices shall qualify and give such bond as the Council may require.
C. 
The members of said Commission shall be paid such salary as may be fixed by the City Council, but the compensation of any Commissioner shall not be diminished during the term for which he or she was appointed. The compensation of the members of the Commission shall be paid out of the Public Utilities Department Fund and shall constitute a part of the operating expense of the Public Utilities Department.
A. 
The Commission shall organize by electing one of its members President and another Secretary, and such Secretary shall keep a record of the meetings of such Commission or cause a record to be kept by an employee of the Commission.
B. 
The Commission may employ a superintendent, an engineer, Clerk and bookkeeper and such other necessary help as will enable it to perform its duties under this Charter, and may discharge such employees at will; provided, however, that the Public Utilities Department and all other departments of the City shall make every effort to use equipment, machinery, tools and facilities and personnel in common whenever it is advantageous to the City to do so, considering the entire operations of the City. The terms and conditions of such common use shall be worked out by agreements between the City Council and the Public Utilities Commission.
C. 
The City Attorney shall act as attorney for the Commission.
D. 
The Commission may require a suitable bond from any employee and shall require such bond from all persons who act as collectors. Such bond premium shall be paid for by the Public Utilities Department Fund.
E. 
The Commission shall prescribe the duties of all employees and fix their compensation.
A. 
Except as otherwise provided in this Charter, the Commission shall have control and power over the water, lights, power and gas system, and the distribution of any other source of energy that may be owned or operated by the City of Breckenridge at the time said Commission is created or which may thereafter be acquired, owned and operated by the City and, shall have such other power and control over sanitary sewage system, garbage and waste collection and disposal system, municipal airport and any other public utility as may be assigned to it by the City Council.
B. 
The Commission shall have the supervision of all buildings, structures, machinery, apparatus, equipment, materials and supplies, and all other property belonging to or pertinent to the Public Utilities Department or under its control, and except as hereinafter provided, shall have full and exclusive control and power over all moneys, bonds, certificates of indebtedness, warrants and other securities in any fund of the department; provided, however, that the money of said Department shall be held by the City Treasurer as a part of the funds of the City of Breckenridge and shall be paid out in such manner as the City Council may direct. The Commission and its employees may enter upon any premises for the purpose of examining the same and making surveys and it may prosecute any action in the name of the City against any person for the use of water, light, power, gas or any other public utility, or for injury to any of its property or works entrusted to its care.
C. 
Without limiting the generality of the foregoing, the Commission shall have the power to:
(1) 
Provide for regular meetings of the Commission, keep proper minutes thereof and prescribe its own rule and procedure. The Commission shall meet at least once each month.
(2) 
Operate each and all of said utilities and to do all things necessary for the economical management, control and operation thereof.
(3) 
Keep the same in repair and make necessary replacements, extension, improvements, changes and additions thereto; provided, however, that the Commission shall have no power to make any replacements, extension, improvements, changes or additions which require the issuance of bonds by the City to pay for the same in whole or in part, or which are to be paid for in whole or in part by special assessments upon property benefited thereby, or which requires the expenditure of more than $25,000 or the state bid limit, whichever is higher; but in such cases, the Commission shall recommend to the City Council in writing the making of such replacements, extensions, improvements, changes or additions, whereupon the City Council may in its discretion, proceed to make the same or to order the Commission to make the same and to issue bonds or levy assessments upon benefited property, as the case may be, and to pay for the same in whole or in part. Upon completion of such replacements, extensions, improvements, changes or additions, the Commission shall have the control and management thereof, as provided herein with reference to any other such property.
[Amended 2-7-2002 by Ord. No. 440]
(4) 
Buy fuel supplies, equipment and other materials in such manner as may be directed or authorized by the Council by ordinance or resolution.
(5) 
Fix and determine the rates and charges to be made for services furnished by such utilities, and to collect the same and all other earnings and revenues of said utilities; provided, however, that whenever any new schedule of rates is adopted for any of the utilities or change or alteration is made in an existing schedule, affecting either a part or all of the patrons of such utility, the Commission shall cause public announcement of such new schedule, or such change or alternation, to be made in the official newspaper of the City at least 20 days before such change becomes effective, and if there is no official newspaper in the City, then such announcement shall be posted at three public places in the City at least 20 days before the effective date thereof.
(6) 
Prescribe the time and manner for which payment for all services shall be made, and to provide for the discontinuance and termination of such service in case of nonpayment, and in its discretion to require payment in advance for any and all such service. The owner of any property which has upon it any pipes connected with the City's water works and gas system, or wires and fixtures connected with the City's light and power system to convey light and power thereto, or which property is in any way connected with any source of energy supplied by the City, shall, as well as the lessee or occupant of such premises, if any, be liable to the City for the rents or rates for all such service used upon such premises, and such charges shall constitute a lien upon such property and may be recovered in an action against such owner, lessee or occupant, or against any of them, as may be directed or prescribed by such Commission. Nothing herein contained shall be construed to limit the right of the Council to adopt ordinances providing for the certification of any such unpaid charges to the county auditor for collection in the same manner as taxes on real estate.
(7) 
Make and enforce reasonable rules and regulations pertaining to such service and the distribution and use thereof, and the operation of said utilities, and to prescribe penalties for the violation thereof.
D. 
The Public Utilities Commission shall cause to be kept complete records of its operations in accordance with generally acceptable accounting practices and shall, at the end of each calendar year, determine the net amount of its funds remaining on hand after payment of all bills and charges and after payment of all bonded indebtedness and interest paid during such year and after setting aside reasonable reserves for depreciation and obsolescence. The net amount of its funds remaining on hand as calculated above shall then be disposed of as follows: 15% of said net amount shall be placed in a separate fund to be used by the Public Utilities Commission for the expansion and extension of its facilities and 85% of the said net amount shall, at the request of the City Council, be transferred to the general fund or any other fund of the City; provided, however, that in case it deems it necessary, the City Council may transfer to any fund of the City and funds of the Public Utilities Commission, either temporarily or permanently, including reserves for depreciation, obsolescence and the expansion and extension of its facilities. However, such transfers shall not result in reducing the funds of the Public Utilities Commission below the sum of $100,000 without the consent of the Public Utilities Commission.