AN ORDINANCE AMENDING ARTICLE 169 OF THE MORGANTOWN CITY CODE BY ADDING A NEW SECTION 169.01(B) THERETO AND AMENDING SECTIONS 169.03, 169.04 AND 169.06 AS THE SAME APPLY TO STORMWATER MANAGEMENT AND CONTROL BY THE MORGANTOWN UTILITY BOARD.

WHEREAS, Morgantown City Council desires to amend article 169 of the Morgantown City Code so as to clearly state that the Morgantown Utility Board has the authority to manage and control stormwater.

NOW, THEREFORE, the City of Morgantown hereby ordains that article 169 is amended by adding a new subsection 169.01(b) thereto and adding to sections 169.03, 169.04 and 169.06, all of which shall read as follows (new matter underlined, deleted matter struck through):

169.01 CREATION; MEMBERS; COMPENSATION.

a) Upon the issuance of the combined waterworks and sewerage system refunding revenue bonds, the management, control and operation of the waterworks system and the sewerage system of the City shall be vested in the Morgantown Utility Board (the “Board”), created, appointed and functioning as hereinafter provided.

b) The management, control and operation of the stormwater drainage and sewer system of the City shall be vested in the Morgantown Utility Board.

c) The Board shall consist of five persons, each of whom shall be citizens and residents of the City, shall be persons of outstanding reputation, ability and integrity, and shall be appointed by Council. The City Manager shall notify all appointees of their appointment. The terms of such Boardmembers first appointed shall be for one, two, three, four and five years, respectively, from the first day of the month in which appointed. In the event of a vacancy and also within thirty days after the expiration of the term of office of any Boardmember, a successor shall be appointed by Council. All vacancies shall be filled for the unexpired term only and all other appointments shall be for a term of five years, to commence on the date following the scheduled expiration date of the previous term. The Board shall adopt rules of procedure for the time and place of its meetings and the conduct thereof. Any Boardmember shall be eligible for reappointment upon the expiration of his term. The Boardmembers shall each receive compensation for their services at the rate established by ordinance of Council and in addition, shall be reimbursed for any and all expenses incurred in the performance of their duties under order of the Board. Each Boardmember shall be subject to removal for just cause by Council by the recorded vote of a majority of Council after a public hearing thereon. The decision of Council as to such removal shall be final and not subject to review by any court, arbitrator or other body, and each Boardmember accepting such appointment shall acknowledge the finality of such decision.

169.03 POWERS AND DUTIES.

The Board shall have full and complete supervision, management and control of the waterworks system and sewerage system, including the maintenance, operations, improvements and extension thereof, which shall be combined as a single system (the “system”). The Board shall also have full and complete supervision, management and control of the stormwater drainage system, including the maintenance, operations, improvements and extension thereof. All bills for water, sewer and stormwater service shall be collected and accounted for by the Board in the manner and form required by law, the Public Service Commission and/or the ordinances of the City, and all disbursements and accounts of the system shall be ordered paid out only upon approval of such Board; provided however, that all such supervision, management and control of the systems and the collection and accounting for bills for water, sewer and stormwater service shall be consistent and in accordance with any ordinance pursuant to which the City may have authorized and issued any bonds from time to time outstanding, which by their terms are payable from and secured by the revenues of the system. The Board shall have the power and authority to make all contracts, agreements and other matters necessary or proper for the full complete supervision, management and control of the systems.

169.04 GENERAL MANAGER CREATED OTHER EMPLOYEES.

The Board shall have power to employ, affix the compensation of and discharge a General Manager of the system and shall direct, employ and fix the compensation of and discharge all other employees of the system. The General Manager of the system, upon his appointment and taking office, shall furnish and file with the City Clerk, a bond in the sum and penalty of fifty thousand dollars ($50,000), the cost of such bond to be payable from revenues of the system and such bond shall be payable to the City and conditioned as to the faithful performance of the General Manager’s duties as are fixed by the Board.

169.06 WATERWORKS, SEWERAGE SYSTEM, AND STORMWATER SYSTEM ACCOUNTS; PERSONNEL POLICIES.

Following the defeasance of the water revenue bonds and sewer revenue bonds, all assets and liabilities of the waterworks system and sewerage system, including accounts receivable and accounts payable and all employees thereof, shall be under the management and control of the Board. All assets and liabilities of the stormwater system, including accounts receivable and accounts payable, shall be under the management and control of the Board. Personnel policies and practices and other matters affecting employees of the Board, except pensions, shall be determined by the Board.

This Ordinance shall be effective upon date of adoption.

FIRST READING: ____________________

Mayor

ADOPTED:

FILED: ____________________

City Clerk

RECORDED: