Charter: Article XVI
Board of Public Utilities (cont.)

Section 16.13. Rate making provisions

The said board shall fix the rates to be charged for services and facilities furnished by such public utilities, subject to the approval of the council. Such rates shall be submitted to the council, and no action shall be taken thereon for a period of at least two weeks. The schedule of proposed rates or changes therein shall be filed with the city clerk and shall be a public record open to the inspection of any person. During such period the council may, on its own motion, hold a public hearing on such schedule of rates or proposed charges thereon and may adjourn such hearing from time to time. At the conclusion of such hearing the council shall approve or reject such schedule of rates or proposed changes therein.

Both the board and the council may take into consideration the health and welfare of the inhabitants of the community in establishing the rate structure.

Approved by vote of the people August 8, 1978.

Section 16.14. Employees of public utilities

The said board shall appoint and may remove the manager; who may, with the approval of the board, appoint and remove his assistants and the heads of departments; all other employees shall be hired, promoted, reduced or discharged in accordance with rules established by the board designed to secure and retain employees strictly on the basis of their merit and without regard to favoritism. The board shall determine the duties and compensation of all employees. No individual member of the said board shall request or recommend the employment, retention, promotion, reduction, retardation, or discharge of any employee and such request or recommendation shall be sufficient cause for removal of such board member from office.

Section 16.15. Payment into city treasury and services furnished

The board of public utilities shall pay into the general revenue fund of the City each month, three percent of the gross operating revenue of any electric light or power plant or distribution system now or hereafter owned or operated by the City, and four percent of the gross operating revenues of any gas works or bus transportation system now or hereafter owned by the City, which said payments shall be in lieu of taxes. No change in such payments shall be made without being first submitted to a vote of the qualified voters of said city at a regular or special election held for that purpose and approved by a majority of the votes cast in such election. In addition to such payments, the public utilities shall continue to furnish without charge adequate lighting for all streets, alleys or public ways deemed necessary by the council to be lighted and may, without charge, at the request of the council, furnish electricity, gas and heat to all City-owned buildings and grounds as needed, on the same conditions (other than payment) under which such services are available to private users.

Section 16.16. Disposition of net income

The board of public utilities and council shall have joint authority and control over the reserves and funds of such utilities as are not required to pay the usual and proper costs of operation, depreciation, payments in lieu of taxes, maintenance, additions, extensions and repairs of such utilities. Such fund shall be administered and applied in such manner as may be recommended by the board of public utilities and approved by the council, subject, however, to the provisions of City ordinances now existing, or which hereafter may be passed by the council relating or in connection with any bonded debt of such public utility. Should the council fail to approve the recommendation of the board of public utilities as to the disposition of such funds, then the council and board of public utilities in joint session may, by two-thirds favorable vote, designate the use of any part of, or all of such funds for any or all of the following purposes: reserve for emergencies; addition to or extension and improvement of facilities in accordance with projected plans; the improvement or service in any department of such public utility, regardless of the return therefrom; or a reduction in rates; but in no case shall any part of this fund be transferred to the general revenue fund of the City. The board of public utilities shall make its report on the previous year operations and its recommendation concerning use of such funds to the city council within thirty days after receipt of the annual director of finance's report.

Section 16.17. Sale of public utilities

Before the City shall sell or dispose of, in any way, or abandon or cease to operate any public utility which may be owned by it, it shall first submit the proposition for such sale or disposition or abandonment or ceasing to operate, by ordinance, to the qualified voters of said city, either at a general election or a special election, held for that purpose, and it shall require a majority of the votes cast at said election for and against such proposition, to be in favor of the proposition before any authority shall exist for such sale, disposition, abandonment, or ceasing to operate.

Section 16.18. Condemnation

The board of public utilities shall have the right of eminent domain to the same extent and to be exercised in the name of the City in the same manner as is now or may hereafter be granted by the statutes of Missouri to any privately owned utility.

Section 16.19. Area of service

The board of public utilities shall operate the utilities and furnish the services thereof within the corporate limits and within the area outside of such corporate limits in any county in which the City is located.

Nothing in this section shall be construed to prevent said board from purchasing, leasing, erecting, installing, or otherwise acquiring real and personal property necessary, useful or desirable in the conduct of its operations at any place whether within or without the corporate limits of the City.

Approved by vote of the people November 5, 1991.

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