Charter: Article XVI
Board of Public Utilities
Section 16.1. Definitions
- The term "public utilities" by way of description, but not as a limitation, shall include electric systems (and appurtenant steam heating apparatus and piping), gas systems, water systems, transit systems, and public communications systems (including all plants, apparatus, equipment, and distribution facilities related to any such system), or any other service or facility commonly considered to be a public utility or so declared to be by any statute, ordinance or court decision.
- The utilities now owned or hereafter acquired by the City shall be operated under the name "City Utilities of Springfield, Missouri."
Section 16.2. Composition of the board
- All such public utilities now owned or which may in the future be acquired shall be controlled and operated by a board known as the board of public utilities.
- Such board shall consist of eleven persons appointed as hereinafter provided for terms of three years and who shall serve until their successors are appointed and qualified; however, no person shall be appointed for more than two consecutive three year terms.
- The city manager shall be an ex officio member of such board, but shall not have any vote.
- Nine members of said board shall be residents of the City of Springfield, who have had business or professional experience and who shall have resided in the City at least two years immediately prior to their appointment.
Two members of the board shall live outside the City of Springfield; shall have had business or professional experience; and shall have been record subscribers to at least one of the public utilities (other than transit) owned by the City for at least two years next prior to their appointments which subscription shall be maintained during their terms in office.
Approved by vote of the people April 4, 1989.
Section 16.3. Appointment of board
Members of such board shall be nominated and appointed by a majority vote of the city council acting as a committee of the whole. Any vacancy shall be filled in the same manner.
Section 16.4. Organization of the board
Upon its first meeting after appointment, such board of public utilities shall organize by electing one of its members as chairman, one as vice-chairman, and another of its members, or the city clerk, as secretary, to serve for a term of one year. Such chairman, or in his absence, the vice-chairman, shall preside at the meetings of the board. The secretary or, in his absence, an acting secretary elected by the board, shall attend such meetings and keep a record of all actions taken at the meeting. Such officer shall perform such other duties as the said board may from time to time specify. All records of the said board are hereby declared to be public records, and any person shall, at reasonable time and under such reasonable regulations as the board may determine, be permitted to examine the records. Five members of the board shall constitute a quorum for the transaction of business. All members of the said board shall serve without any compensation except the necessary expenses of their office; the expenses thereof to be paid out of the revenue of the utilities operated by the said board. If the board is required by the council to give bond, the cost of the same shall be paid out of the revenue of the utilities operated by such board.
Section 16.5. Restrictions on the board
Not more than six members of the said board shall belong to the same political party, and the administration of such board shall be in all respects entirely nonpartisan. No member of the said board shall, during his term of office thereon, be a candidate for office, nor shall he hold any other office, either school board, city, county, state, or federal during his official term; nor shall he be a member of any party organization or committee to further the candidacy of any person for municipal public office. Upon becoming a candidate for public office or accepting any of the offices aforesaid, during the term, he shall be deemed thereby to have immediately resigned as a member of the said board, and his membership shall be thereby ipso facto vacated.
A member of the board shall be prohibited for a period of one (1) year after leaving his position on the board from being hired as an employee of the board.
Approved by the vote of the people April 4, 1989.
Section 16.6. Duties
Such board of public utilities shall have the power and it shall be its duty to take charge of and exercise control over any public utilities now owned or operated by or hereafter acquired by the City and all extensions thereof and the appurtenances thereto belonging (and with the right and power to establish, maintain and operate such park and recreation areas and facilities in the manner and as the board may determine, subject to approval of city council, upon real estate and properties acquired or held in connection with utilities as a part of said utilities operations), inside or outside the corporate limits of the City, and shall enforce the performance of all contracts and work, and have charge and custody of all the property, assets, books, and records belonging to such utility or utilities; provided, that nothing herein shall be construed to authorize a sale of said utility properties without a vote of the electorate of said city as provided herein; but said board may provide for the sale or other disposition of any useless, outworn, obsolete, or surplus supplies, equipment, or real estate not then useful in the operation of such utilities, in the manner provided by ordinances for the disposition of such property by the City.
Approved by vote of the people May 15, 1956.