Ordinance 10-29(A) Enacting HCC 1.77 to Establish the Utilities Advisory Commission

CITY OF HOMER
HOMER, ALASKA

Hogan

ORDINANCE 10-29(A)

AN ORDINANCE OF THE CITY COUNCIL OF HOMER, ALASKA, ENACTING HOMER CITY CODE CHAPTER 1.77, UTILITY ADVISORY COMMISSION, TO ESTABLISH THE UTILITY ADVISORY COMMISSION AND PRESCRIBE ITS DUTIES.

WHEREAS, SB 230, enacted in the 2010 legislative session, appropriates $4,800,000 to the City of Homer for an Anchor Point to Homer natural gas pipeline; and

WHEREAS, SB 230 requires the City to develop a plan for a distribution system that identifies residential users, commercial users, public facility users, and industrial users within its municipal boundary; and

WHEREAS, The City operates a water and sewer utility system with some of the highest rates in the nation; and

WHEREAS, It is in the public interest for the City to establish a citizens’ commission to advise the Council on matters of utilities and infrastructure.

NOW, THEREFORE, THE CITY OF HOMER ORDAINS:

Section 1. Homer City Code 1.77, Utility Advisory Commission, is adopted to read as follows:

Chapter 1.77
Utility Advisory Commission

Sections:

1.77.010 Utility Advisory Commission established
1.77.020 Terms of members
1.77.030 Proceedings of the commission
1.77.040 Duties and responsibilities of the commission

1.77.010 Utility advisory commission established. a. The utility advisory commission is established. The utility advisory commission shall have seven members. No more than two members may be from outside the city limits. Members shall be appointed by the mayor subject to confirmation by the city council.
b. The members of the utility advisory commission annually shall elect from the voting membership a chairman and vice-chairman.
c. The mayor, city manager, and public works director shall serve as consulting members of the utility advisory commission in addition to the seven appointed members, and may attend all meetings as consultants, but shall have no vote.

1.77.020 Terms of members. a. The initial members of the utility advisory commission shall be appointed for the following terms:
1. Three members shall be appointed for three-year terms;
2. Two members shall be appointed for two-year terms;
3. Two members shall be appointed for one-year terms.
b. All terms of members of the Utility Advisory Commission that follow a term established by subsection (a) of this section shall be three years.
c. Any member of the Utility Advisory Commission who is absent without excuse from two successive regular meetings of the Commission shall be subject to removal from the Commission by a majority vote of the members present.

1.77.030 Proceedings of the utility advisory commission. The utility advisory commission shall hold a regular meeting once a month, and special meetings at the call of the chairman. Minutes shall be maintained of each meeting, in which the vote of each member upon every question shall be recorded. Every decision or finding made by the utility advisory commission shall be referred to the city council at the earliest possible date.

1.77.040 Duties and responsibilities of the utility advisory commission. a. With regard to the natural gas pipeline from Anchor Point to the city for which SB 230 appropriates funds, the utility advisory commission shall develop on behalf of the city a plan:
1. For a distribution system that identifies residential users, commercial users, public facility users, and industrial users within its municipal boundary;
2. That provides access to the pipeline along the route of the pipeline for potential users who are outside the municipal boundary; and
3. That provides extension of the pipeline beyond the municipal boundary.
b. The utility advisory commission shall advise the city council on the development and operation of a natural gas distribution utility in the city and serve as a liaison between the city and the utility operator.
c. The utility advisory commission shall advise the city manager and the city council on issues related to the city sewer and water utilities, including without limitation the utilities’ physical plant and future expansion; formation of local improvement districts for sewer and water facilities; sewer and water utility rates; the sewer and water utility operating and capital budgets; and sewer and water utility operations.
d. The utility advisory commission shall consider any specific proposal, problem or project as directed by the city council and report or make recommendations thereon directly to the city council, unless otherwise directed by the city council.

Section 2. This Ordinance is of a permanent and general character and shall be included in the City Code.

ENACTED BY THE CITY COUNCIL OF HOMER, ALASKA, this ________ day of ______________ 2010.

CITY OF HOMER

_____________________________
JAMES C. HORNADAY, MAYOR

ATTEST:

______________________________
JO JOHNSON, CMC, CITY CLERK

YES:
NO:
ABSTAIN:
ABSENT:

First Reading:
Public Hearing:
Second Reading:
Effective Date:

Reviewed and approved as to form:

________________________ ____________________________
Walt E. Wrede, City Manager Thomas F. Klinkner, City Attorney
Date: __________________ Date: __________________