Chapter X MISCELLANEOUS PROVISIONS

Section 38. Utilities Commission.

(a)  The mayor must appoint and the council confirm a minimum of three and a maximum of five qualified electors of the city to serve as members of the city utilities commission. Each member will serve a three year term or until the appointment of a successor.

(b)  The commission must elect one of its members as chair. The chair is the commission presiding officer. The city manager will provide necessary staff for the commission. The commission may contract for additional services.

(c)  The commission has authority over the operation of the city water system and other duties as delegated by ordinance. The commission may take actions it deems necessary or convenient for the management and operation of the city water system including the acquisition and sale of real property.

(d) The commission may take possession and charge of and manage and conduct, and alter, improve and extend any water system acquired by the city. It may collect and receive all money earned for the consumption and use of water. All sums must be kept in a separate fund and may be used for utility purposes, including retirement of city bonds issued for the purchase or construction of a water system.

(e)  The commission may make rules for the conduct and management of the water system and to provide for penalties for violations of the rules. It may set rates for the use and consumption of water and charges for other services provided inside or outside of the city. It may provide for payment of water rates, and shut off water for non-payment. The commission must enforce water ordinances.

Section 39. Parks & Recreation Commission The mayor must appoint and the council confirm a minimum of five and a maximum of seven qualified electors of the city to serve as members of the city parks and recreation commission. Each member will serve a three year term or until the appointment of a successor. The commission is under the direction of the council. It will oversee the management of city park and recreation facilities and activities. It has authority to regulate the use of parks and recreation facilities, establish fees and charges for such uses, and perform other duties delegated by ordinance.

Section 40. Debt. City indebtedness may not exceed debt limits imposed by state law. A charter amendment is not required to authorize city indebtedness.

Section 41. Ordinance Continuation. All ordinances consistent with this charter in force when it takes effect remain in effect until amended or repealed.

Section 42. Repeal. All charter provisions adopted before this charter takes effect are repealed.

Section 43. Severability. The terms of this charter are severable. If any provision is held invalid by a court, the invalidity does not affect any other part of the charter.

Section 44. Time of Effect. This charter takes effect January 1, 2008.