140 of 1979 - Adding chapter 10 establishing Public Utilities Advisory Committee. ROLL CALL � J.
VOTING Aye Nay Salt Lake City,Utah, 94tobex 24 ,19 79
Mr.Chairman .... \
I move that the finance be passed.;'
Agraz
Greener 7H , {��
Ram.Campbell.... & / t2
Phillips
Result AN ORDINANCE(�
AN ORDINANCE AMENDING Title 49 of the Revised Ordinances of
Salt Lake City, Utah, 1965, relating to water supply and
waterworks, by ADDIJ'TG thereto a new Chapter TO relating to Public
Utilities Advisory Committee.
Be it ordained by the Board of Commissioners of Salt Lake
City, Utah:
SECTION 1. That Title 49 of the Revised Ordinances of Salt
Lake City, Utah, 1965, be, and the same hereby is, amended by
ADDING thereto a new Chapter 10,- relating to Public Utilities
Advisory Committee, as follows:
Sec. 49-10-1. Definitions. For the purpose of this
chapter the following words shall have meaning as given
herein:
(1) "Board" means the Board of Commissioners of Salt
Lake City.
(2) "City" shall mean and have reference to Salt Lake
City, a municipal corporation of the state of Utah.
(3) "Commissioner" means a duly elected or appointed,
and qualified commissioner of Salt Lake City.
(4) "Committee member" or "members" means a person or
persons appointed by the Board of Commissioners of Salt Lake
City who is a duly qualified and acting voting member of the
committee.
(5) "Committee" being the Salt Lake City Public
Utilities Advisory Committee.
(6) "Mayor" means the duly elected or appointed, and
qualified mayor of Salt Lake City.
(7) "Person" means an individual.
Sec. 49-10-2. Creation of committee. There is hereby
created the Salt Lake City Public Utilities Advisory
Committee, hereinafter referred to as "Committee", which
body shall consist of nine appointed voting members. The
Mayor, each Commissioner, the Public Utilities Director, and
the City Attorney shall be ex officio, non-voting members.
Sec. 49-10-3. Appointment. Oath of office. All
appointments and removals of members of the committee shall.
be made by the Board, evidenced by resolution duly passed by
140
said Board. in making initial appointments, the hoard shall
designate one member to serve one year, three to serve two
years, two to serve three years, and three to serve four
years. At least three members, at the time of their
appointment, must reside outside of the corporate limits of
Salt Lake City; provided, however, their place of residence
shall he within Salt Lake County and within the service
districts supplied by the Salt Lake City Water Department.
Any fraction of a year in the initial appointment shall be
considered a full year. Thereafter, all appointments shall
be made for a four year term. Each member's term of office
shall expire on the applicable third Monday in January, but
he shall continue to hold that office until his successor is
appointed and qualified. Each member shall perform service
on a voluntary basis without compensation and on such basis
shall be immune from liability with respect to any decision
or action, taken during the course of those services as
provided by Sec. 63-306-2, Utah Code Ann., 1953, as
amended. Members of the committee shall sign the oath of
office required by law to be signed by city officials and
file the same in the office of the City Recorder. Every
member who shall fail within ten days after notification of
his appointment to file with the City Recorder his oath of
office to perform faithfully, honestly and impartially the
duties of his office, shall he deemed to have refused such
appointment, and thereupon another person shall be appointed
in the manner prescribed in these ordinances. Vacancies
occurring in the membership of the committee shall he filled
by appointment by the board for the unexpired term.
Sec. 49-10-4. Removal from office. Any member of the
committee may he removed from office by the board for cause,
prior to the normal expiration of term for which such member
was appointed.
Sec. 49-10-5. Member's ethics. Members shall be sub-iect
to and bound by the provisions of the Utah Public Officers'
and Employees' Ethics Act, § 67-16-1, et seq. Utah Code
Ann., 1953, as amended. Any violation of the provisions of
said act, or as said act shall he from time to time amended,
shall be grounds for removal from office.
Sec. 49-10-6. Eligibility for membership. A person to
be eligible to be appointed as a member of the committee
shall meet the following prerequisites: (1) be not less
than twenty-one years of age; (2) he a resident of the state
of Utah; and (3) no person shall be eligible to serve on the
committee as a member while actively engaged or employed in
any commercial activity which sells goods or services
directly to the public utilities of the city.
Sec. 49-10-7. Meetings. The committee shall convene for
regular meetings to be held not less than monthly throughout
the year. The committee shall keep its meetings open to the
public. Special meetings may be ordered by a majority of
the committee, the chairman, the mayor or a commissioner.
The order for a special meeting must he signed by the
members, chairman, mayor or commissioner calling such
meeting and, unless waived in writing, each member not
joining in the order for such special meeting must he given
not less than three hours notice. Said notice shall he
served personally or left at the member's residence or
business office. The committee may also hold executive
sessions, for the purpose of discussing sensitive matters
such as negotiations or personalities, at such time as the
committee shall determine, which may not he open to the
public; provided however, no resolution, rule or regulation
shall he finally appoved at such executive session and such
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1 40
sessions shall be held infrequently as it is recognized that
almost all issues are to be discussed in public. Meetings
shall he held at the office of the Director of Public
Utilities or at such other public place as may be designated
by the committee. Five members of the committee shall
constitute a quorum for the transacton of business. The
committee may act officially by an affirmative vote of any
of the five of the members.
The committee shall cause a written record of its
proceedings to be kept which shall be available for public
inspection in the office of the Director of Public
Utilities. The committee shall record in the record the
"yea" and "nay" votes on the voting of any action taken by
it.
The committee shall adopt a system of rules of Procedure
under which its meetings are to be held. The committee may
suspend the rules of procedure by unanimous vote of the
members of the committee who are present at the meeting.
The committee shall not suspend the rules of procedure
beyond the duration of the meeting at which the suspension
of the rules occurs.
Sec. 49-1.0-A. Election of committee officers. Each year
the committee at its first regular meeting after the third
Monday in January shall select one of its members as
chairman and another of its members as vice chairman who
shall perform the duties of chairman during the absence or
disability of the chairman. The Director of Public
Utilities shall make available a secretary from his staff to
the committee when required.
Sec. 49-10-9. Review of action--veto power of the
board. All action taken by the committee shall constitute
recommendations to the hoard and shall not constitute
official action. All action shall be reduced to writing and
submitted to the City Recorder's office for presentment to
the board. The City Recorder shall present the same to the
board at its next appropriate regular meeting. The hoard
shall have the power to review, ratify, modify or veto any
action submitted by the committee. The City Recorder shall
promptly notify the committee in writing of the action taken
by the board. No action shall he implemented until the
committee is notified in writing that it has been ratified
by the hoard, or that the action was modified and adopted by
the board and in such event, it shall be implemented as
modified. In the event the hoard shall desire to hold any
matter for further study, the chairman of the committee
shall be notified. Action will take effect only upon
ratification by the board.
Sec. 49-10-10. Committees. The committee may designate
such subcommittee or subcommittees as it desires to study,
consider and make recommendations on matters which are
presented to the committee. Subcommittee members may be
members, but the committee shall have the power to appoint
such subcommittee members as it deems appropriate and
advisable even though they may not be members.
Sec. 40-10-11. Power and duties. The committee shall
have the following powers and duties:
(1) To annually review the department's water and sewer
system capital improvements program.
(2) To review annually the department's operations and
maintenance budget and expenditures.
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140
(3) Annually review the water and sewer revenue
requirements and recommend to the hoard any rate adjustments
as they deem necessary.
(4) Review and make recommendations on proposed
legislation relating to water and sewer.
(5) Consult with the board relative to water resources
and sewage reclamation requirements.
(6) The power to determine and establish such rules and
regulations for the conduct of the committee as the members
shall deem advisable; provided, however, that such rules and
regulations shall not be in conflict with this ordinance or
any other city, state or federal law.
(7) To adopt and alter all rules and regulations which
it shall from time to time deem. in the public interest and
most likely to advance, enhance, foster and promote and 11‘,
public utility systems of the city and for the purposes of
carrying out the objects of this ordinance; but such rules
and regulations shall not be in conflict with the terms of
this or any other city ordinance, state or federal law.
(R) Assist the public utilities director in every way
possible for the continuing orderly development and
operation of the public utility systems of the city in order
to best serve the users thereof.
Sec. 49-10-12. Attorney—engineer. The City Attorney
and the Public Utilities Director shall be the attorney and
engineer., respectively, for the committee and the Public
Utilities Department shall reimburse the city for all
charges, costs and expenses incurred by the city therefor.
Sec. 49-10-13. Severability. The provisions of this
ordinance shall be severable; and if any provision thereof,
or the application of such provision under any circumstances
is held invalid, it shall not affect any other provision of
this ordinance, or the application in a different
circumstance.
SECTION 2. This Ordinance shall take effect 30 days after
its first publication.
Passed by the Board of Commissioners of Salt Lake City,
Utah, this 24th day of Octo , 1979.
j .
MAYOR
CITY RECORDER
(SEAL)
BILL NO. 140 of 1979
Published October 30, 1979
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140
Affidavit of Publication
STATE OF UTAH,
ss.
County of Salt Lake
AN ORDINANCE- AM5NDING LTitle 49 of No Revised Shane D. Conaty
Ordinances of Salt Lake City,Utah,1965,relating to wafer
supply and waterworks,by ADDING thereto a now Chanter 10
relating to Public Utilities Advisory Committee,
Be it ordained by the Beard of Commissioners of Salt Lake
City,Utah:
SECT ION, That Tine 49 f the ROvised Ortllnences f Being first dulysworn deposes and says that he is legal
Sall Lake City,Utah,1965,he,and the same hereby is,amwM'
ed by ADDING thereto a new Chanter IS,relating to Public advertising clerk of the DESERET NEWS, a daily
Utilities Advisory Committee,as follows:
sea.49a0-1.DOfinilions.For the nurpose f("is chapter
hefenmyi'oard"means the Board of as Commissioners
(except Sunday) newspaper printed in the English
ul 'Board'•means the award f commits:'loners or San g
Lake city. language with general circulation in Utah, and
11) CitY" hall men and have reference to Salt Lpke
city,aenlcjpelcorporationat the state ofUtan. published in Salt Lake City, Salt Lake County, in the
(3)"Commissioner"means duly elected or appointed, T
and lBled<amonissioner of Salt Lake Cty. State of Utah,
10"Committee in tuber"or"members"means
or appointeduby the Board of Commisslonnera of Sill
Lake City swho is a duly qualified and acting voting member of
l91lt'.mgt.'' That the legal notice of which a copy is attached hereto
Advi 5))tVCommit.it 'being the Salt l lake City Public Utilities
Idl"May s the duly elected or appointed,and
oualltied mayor of Salt Lake CRY.
(7)"Persar means anindividual. Pub notice to amend an ordinance relating to
Sec.49-10-2.Creation of committee.There is hereto),creat-
ed Ilereinafhe tert Lakreferred
Citydto Public s"Commllloe", l hicll bodvm shall
consist of nine•ere appointed as"Committee",
members.The M,or,e h
commissioner,later Public utilities Director,and the City Al. Public Utilities Advisory Committee
foram,shall be ex of Nolo,noptvotinq members.
Sec.49-10-3.Appointment,Oath of office.All aplw:ndenis
and removals of members of the committee shall be made by
Ind.
making
Board,aking evidenced
c appointments,the ly passed hoardshall"design Boone
bbeer�to initial
r,three to serve two years,two to
,servo three years, three to serve toot years.Af least three
tubers,at the time of their appointment,must resldy out
side of the corporate limits of Salt take City,provided,how
and within theesservr re districtsnsupppl lied within
se Sall Lake City
Water Department.Any fraction Of a year in the initial a
appointmentssaslhalt he considered made for la 11fournr.year"ternf.e Therl
eafter,
vrnber's term of office shall moire on the applicable gird
Monday ill January,but he shall continue to told hat office
�ea'ii cerrsorcn ° 'o appointed
"'°'�itterd qualified. � ;' was published in said newspaper on Oct. 30, 1979
iron and o unit oasis°shall he immune from liability with
respect to any decision or action,taken during the course of
those service•.;as provided by Sec.63-306-2,Utah Code Ann.,
195h..s mended.Members of Ile committee shall ten the
oath of otfimo required by law to be signed by city officials and
'n the office of the City Recorder. mber. -hill 111 II t ii with n ten der /f ti rite Ef 1 I p ei tit
farm tallith/try, a.impartially Uric duties of his of- ��A £ J��� -�— 1/l•\f'� -.<
Tice,stroll he deemed to have refused such appointment,and
thereupon another per ,shall be appointed in the manner r LegaI Advertisin Clerk
I d in these ordinances.Vacancies occurring l tithe
membership of the It shall be filled by appointment -
b the board f 11 lied tern,
Sec. 49.10 Removal from office.Ally he I the
'tl. be removed f office t y theboard far
rii the 1 l f to r h such q me this 7th day of
be tee
and bound Ob Sthe povisionstof the Utah Public"Officers'he r ntd
Employee Ethics Act,6/-16.1,et sell Utah Code Ann.,1953, .A.D. I979
as(alit act shall be from time to l
amended.
Ay the violation of provision
amended,shall said act,
grounds
for removal from office.
Sec.49-10-6.Eligibility for membershin,A person to be
eligible to he annotated as a member of the committee shall
ineet the following
13) shall beeligible1,(1)to not less Man twenty-
one years 1 (2)be at tl r e the crate of Ultee
,oIhe,Dann lace as a ✓
Y while t rn am cell,nr-gag or ed employed
directly to the pub -+... ......... .....J!��.../` ^"'
R ,....-------
oattlbues of which an rdv:'r eeds
mr5i+ci`tlmeeetin lsMtoombe held of teamoNon l t enmonthlyihrO�l9hout• Notary Public
Pie year.The committee shall keen Its meetings open to the
Ili Sitcom!meetings9 be ordered by a ma'e:uy of the 'It s.Do Nee may designate
committee,then1he mayor Ora commissioner.The ,IS ha9-IO lg.(' des tes to Sipdy,
olderfora special chairman,
must he signed by the members, °.:der a,d eke r n rMafions ,matters which a
chairman,r Por o commissioner c Inng such meeting and, resealed to the om nittee.subeommiftee bless waived in writing,each member not j ring-n the or.
huf the commlHae shall have the nrom"e ro a all be
der for such special r ping tube given not Mess than three sncitbe 1,Cues 55w tors as't deems a V1P1 riarePoaind
hours notice.Said rice shall 1 served personally or left at
en ndvi,xly, a i houOh flier rnav not le membareprop
the m ether's residence or business office.The rem lice Sec.49.10-11,Power and duties.The committee shall have
may also hold executive sessions,for me purpose Ot discussing the following powers and uties:
Ninsitive matters such as negotiations or porsonalitles,at such (I)To annually review tun department's wafer and sewer
reviewne s the committee.hall determine.,which may n m he eyxte capital improvements program.
m,to the public;provided however,no resolution,rule
or (2)To r ally the department's operations and
regulation shalt he finally approved at such executive session mat ICnance brxlgef and expenditures.
,d such sessions shall be held infrequently as it Is recognized !J)Annually review the water and sewer revenue r that almost II issues are be discussed public.Meetings
ntz aril recommend to the board a rote atliustrr gentfe
sall be al the office of the DirCcfur 1 totdPublic lull(icorn
or they deem necessary. nY a
atsuch other°obit,place as MAY to i lee ateIby the 14)Review and make recem mendations On proposed louts
mitt.. rive members of the committee shall constitute a arson relating to water and sewer,
n for the transaction I buel°,os, 'he committee r (5)Conseil with the(ward relative to wafer resources and
ma
eel ofll,v by an affirmative vote el any of the live of the sew 9e reclamation repulremenis,
members.
161 the p0, r to determine and establish such rules and
The committee shall cause a written record of its proceed, a laeon,for the conduct of the committee s the members
taut:to he keel which shall be available for public Inspection shall deem advisable;provided.however,that such rules and
u the office M the Director of Public Utilities.The committee regulations shall t b in conflict with this ordinance or any
shall record in Inc record the"yea' and un voles on the other city,state or federal law,
voting of any action taken by it. Ili To adopt and alter all rU and
The committee shall adopt a v-tem of rules of procedure hall fro° lilac to lime deem in Me erhlie Interests wtliC"st
under which its meetings are to he held. he committee may
likely fo advance,vnbance,foster antl promote the public Utl Ir.suspend the:rules of procedure by unanimous ote of the fv systems o}fie city ar-for Ibe of ca 'ng gal the
prules o r al
1 colts the committee who are the meeting. uole h1 onfl ordinance,bur s of ewes and tithe rims spat
The committee t Simi(not suspend tte als 1 s procedure tef n f be or federal
with theaao terms of this or any other city arm nit ie curslon of e meeting at which the suspension of nonce,state or federal law,
the rules occurs for Assist the public erlfie.s director in
•
`.:ec.a49-10-8.if Election at committee officers-Each year the hie for the continuing artierth development in order
ever
y
cotnmulem of ors seletct
teon,0 meeting m after ase third n and ussrs the,utility systems of the city in order fo best s rr Mc in J shall I t i itsmembers as chairmen and thereof.
anoIli f'f tit 1 h o p shall perform se c91e-I2 , n91 T e City Attorney and
11 duties f chairman d the b or adll make
of.the II P b_. Hill(' Director shall be Me.tePublic
attorney and engr
chairman.re-Director f s Public Utilitiesshall make avail I shall
f the committee and Ice Public Ut I tes
able secretary from his stall to the committee when re Department iol shall reimburse the city for all charges,costs and 4uirSe s '''Seen
• s r reed till the city therefor.
Sec.her h.Review leco,of comacmittee
5•veto Power of the board.All sec 49510-i3 Seve rabdlly,The Irrovjsjons of this ordinance
action taken by(fie committee shall constitute r cn Dada- shall be seeable:and if, n thereof,or the appli.(ions to the board and shall not constitute official action.All calla,el severable:
provision un,lerpovis prove-eon instances is held in-
action shall be reduced to writing ands submitted to the Clly 4alttl,it shall not rNect any other any
of ibis ordinance,Recorder's office for presentment to the hoard.The City Re. r h_anellcation in a dilferenr SIi lira ace.
corder
shall II r r thef theboard 1 f t ,pro- Se.ten 2.rho Ordinance shall take effect a0 dams after Its
t.regular meeting.T.board hall h ther to f 't blication_
review,ratify,modify t t submitted by the
committee. Thc City Recorder h II promptly notify the UI hP-h rd 4byh dMaey oBf oOadto b rC o9missioners of Salt Lake City,
_ II nl ,the a t taken hY No hoard No a_r
shall be implemented unfit thecomm..d n TFD L.NILSON
writing thatit has been ratified by thebeard h the ar n l t I rD V Ntc;UAM MAYOR 1
r muddied and adopted b t boardad hevent. l lY kl'CORDlR
it shall be implemenred as modified.In the event the board -I AL)
shall desire to hold any matter for further study,the h'man Bll 1.170 tea of 9I9
sepon t theratificat,an hvinll be notified.Action will take only P 1 -d Oe:fj0.r 30,1979 D-rI
A TF.rJ