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00 Village ER Bylaws I. r . , ,, , r ' ,.42:.... • . ., . . _ ... . • • • • . .. . . i..._____.--. j-.-•• BY-LAWS - of 1 `' - WATER A:4D LIGhT COMMISSION • -- • Village of Elk River, Minn. ARTICLE I • = Office of Commission ' l[ SECTION I. The office of the ?Water and Light Commission, _.i .: Village of Elk River, shall be in the Utilit 0 Village of Elk River, Minnesota. y dice, - ARTICLE II • ,.• Meetings `;;�*;. ` ` `SECTION• 2. Regular meetings of the Water and Light 1 Commission shall be held without notice at 8: 0© p. m. . _ :: - 'o'clock �f the first Tuesday of each month at the office -.1. r ,: 0f .the Commission. • . �'' SECTION 1. Special meetings of the Water and Light • Commission may be called at any time by the President or , ,` oo by. any t Commissioners, to be held at the Commission's ''j i.ci,; office or at such other place or places as the Commissioners may fromtime to time designate. ' SECTION U. Noticeof all special meetings of the • Light Commission shall be given to eachCommissionerebyd mm two (2) days' service of the same y by telegram, by letter or personalty. if SECTION ?. The order of business of all Commission meetings 4. shall be as follows: - 1. Roll call • 2. Reading of minutes of the last meeting 3. Report of officers 4. Unfinished business 3 - 5. New business • . 6. Adjournment • QUORUM '.). . .SECTION 6. A majority of the Commissioners Elect shall '.- ••const;t•je a quorum for the transaction of business, and the -. - t 1, / - i �• i votes of a majority of the Commissioners present, shall be sufficient to adopt any motion or resolution. The votes of members on any action shall be taken by ayes ---- and no' s and recorded in the minutes. • ARTICLE III Water and Light Commission SECTION 7. Under authority granted by the Laws of the State of Minnesota and subject to the limitations thereof, the • Water and Light Commission shall have control, management and operation of all water and lignt plants and properties of the Village of Elk River, Minnesota, and shall do or cause to be done or autnorize all things necessary for the proper execution of any power conferred upon the Water and Light Commission. SECTION 8. Tne Commission shall act by resolution or vote of its members, or by its other duly constituted officers or agents acting within the scope of such authority as may be conferred upon them by resolution or vote of the Water and Light Commission or by these bylaws. SECTION 9. AY the first regular meeting of the Commission following the annual m6.etix; of the Village Council for appointment of appointive officers, the Water and Light Commission shall choose a president and a secretary from its own number, and at a regular meeting as soon as practicable following the time at which a vacancy exits in either of such offices, the Commission shall choose one of its own number to such office as is vacant. Such officers shall hold office until their successors are chosen and qualify in their stead. SECTION 10. The Water and Light -Commission by resolution, shall appoint a superintendent, an accountant, who shall be the collector, and such other officers as are required by charter provisions, when vacancies exist in such offices and, further, may appoint other officers and agents as it shall deem necessary, who shall hold their offices for such term and shall exercise such powers and perform such duties as shall be determined from time to time by the Commission. SECTION 11. The Water and Light Commission, upon recommendation of the Superintendent and the filing of applications, shall appoint all employees of the Water and Light Commission. SECTION 12. In the case of absence or inability to act of any officer of the Commission and of any person herein authorized to act in his place, the Commission may from time to time delegate the powers or duties of such officer to any other officer, or any Commissioner or other person whom it may elect. -2- 1 SECTION 13. No compensation shall be paid any member for services as president, secretary, or other services which may be rendered. Each member shall be entitled to be reimbursed for his actual and necessary traveling and hotel expenses incurred whenever it shall be necessary for him to travel outside the Village of Elk River in carrying his duties pertaining to the water and lignt properties, which t raveL may be required of him by law or by vote or resolution of the Water and. Light Commission. The compensation of membwrs and amounts due them as reimburses meet for expenses shall be paid at the end of each month upon itemized statements duly verified. Such payment and reimburse- ment shall conform as to manner of payment as required by laws of the State. SECTION 14. Any officer, agent or employee elected or appointed by the Commission may be removed at any time by the Commission. SECTION 14. The salaries of all officers, agents and employees of the Commission shall be fixed by the Commission. • SECTION 16. The president shall preside at all meetings at which he is present . He shall make such reports to the Council as are required of tne Commission and shall perform such other duties as are incident to his office or are properly required of him. SECTION 17. The Secretary shall be tne Superintendent of tne Water and Light Department and shall do or cause to have done by other officers and agents the following: (a) to act as Secretary of all Commission meetings and to record and sign allminutes of meetings of the Commission. (b) to cause to have kept safely and systematically all books, records, files, and papers of the Commission. ( c) to sign, execute or acknowledge with tne President of the Commission all instruments authorized by the "' Commission. (d) to cause to be presented at tne beginning of each month to the Council upon carefully prepared vouchers, all bills for labor and material previously obtained or purchased by the board, which have been examined and approved by the Commission, for allowance and payment. -3- ( e) to cause to be prepared all annual and monthly state- ments as may be required or as directed by resolution of the Commission. (f) to see that all notices are duly given in accordance with the provisions of these By-laws or as required by law. (g) to perform such other duties as may be prescribed from time to time by tue Commission or as are incident to his office. ARTICLE IV Appointive Officers of Water and Light Commission SECTION 18. Superintendent. (A) The Superintendent shall be the chief executive officer of the Water and Light Commission. He shall be chosen by the Commission solely on the basis of his executive, and administrative qualifications for the supervision and direction of all operations and business of the Water and Light properties. He need not, when appointed, be a resi- dent of the Village. All other things being equal, the Commission shall appoint as Superintendent a person with ex- perience in the construction, operation and management of public utilities. No member of the Commission shall, during the time for which appointed or within one year thereafter, be chosen as Superintendent. No persona_1 shall continue to hold the position of Superintendent for a period longer than six months if related as a father, brother, uncle, cousin or nephew by blood or marriage, to any member, officer or employee of the Water and Light Commission. In case of absence or disability of the Superintendent, the Commission shall designate some qualified person to perform the duties of the office during such absence or disability. (B) The Superintendent shall be Secretary of the Water and Light Commission and shall perform all of the duties of the Secretary as so instructed. (C) The Superintendent shall have full charge and control of the construction of all work under the jurisdiction of the . Commission, the maintenance and operation thereof, and the administration of the business affairs of the Commission. All officers, employees, and agents when appointed by the Water and Light Commission, shall be under the immediate control and management of t ne Superintendent. -a- The powers of the Superintendent shall be: (1) to see that these by-laws and all rules and regulations of the Commission are enforced. (2) to see that the operation, construction and maintenance of tne Water and Light properties conform to all provisions of the laws of the State. • . (3) to see that all supplies and materials are purchased according to procedure as prescribed by the State laws. (4) to attend all meetings of tne Water and Lignt Commission, to submit reports of tne affairs of the Water and Light Commission, and to participate in the discussion of all matters coming before tne Commission. es (5) to keep the Commissioi*r advised as to the financial condition and future needs of the water and light utilities, and to prepare and submit an annual budget. (6) to prepare or cause to be prepared, all plans and specifications for the construction of the works of the Commission. (7) to devote his entire time to the business of the Commission. (8) to perform such other and additional duties as the Commission may require. (9) to prepare or have prepared for presentation to the Commission for its consideration and approval, rules and regulations as follows: (a) Information and requirements for electrical service. (b) Information and requirements for water service. (c) Management policy in relation to employees. (d) Manual of accounting instructions. SECTION 19. Accountant. (A) An Accountant, with such title and who shall perform the duties of the Collector and Bookkeeper, shall be chosen by the Commission on the basis of his qualification to perform the duties of such office. This accountant shall also be the Deputy Treasurer of the Village of Elk River. -5- (B) The Accountant, as Collector, under the direction of the Superintendent, shall collect and pay forthwith into the Treasury, all moneys due on account of the operations of yhe water and light properties, and all money which may come into his hands belonging to the Village. The accountant shall give all notices as required by these by-laws, and as required of the Collector by the. State Laws or as may be set forth in all rules and regulations as approved, from time time, by tne Commission. (C) It shall .be the duty of the Accountant to keep a regular set of books for tne water plant, and also for tne electric plant , showing in detail tne business trans- - actions of each of said plants. Such records shall conform to tne provisions of these by-laws. (D) The Accountant shall have cnarge of, under the supervision of the Superintendent, all office employees. SECTION 20. All other appointees and employees of the Commission shall be required to pass such tests as may be prescribed from time to time by tne Commission. No person shall be employed by the Commission in doing any work unless ne holds a certificate of registration or license that would be required from tne State to do such work when done on private property or for private business. The duties of such appointees and employees shall be prescribed from time to time by the Superintendent with approval of the Commission. ARTICLE V Certain Rules, Regulations and Procedure of Water and Lignt Commission SECTION 21. Accounting. (A) The books and accounts of the Water and Light Commission shall be kept in so far as practicable in conformity with the uniform systems of accounts as prescribed , by tne Federal Power Commission and as set up by Messrs. Ernst and Ernst, Accountants and Auditors. .� eBy In keeping such books and accounts, tne electric system accounts shall be administered as separate account ing units. N7 In keeping such books and accounts, the water system accounts shall be administered as separate account- ing units. -6- SECTION 22. Rates. (A) General. The Commission shall fix rates for electrical energy and water service to the ultimate consumer without discrimination between consumers of tne same class, and no rate shall be charged or practice adopted which will grant a discriminatory rate, rebate or other special concession to any consumer served by__the Water and Light Commission. It'is specifically understood that the water department is a consumer of the electric department within the meaning of this section. (B) Electric Rates. The Commission shall fix such rates for electricity furnished to zonsumers as will secure revenues sufficient to pay all salaries and wages of all officers and employees in the electric department; to cover the cost of all materials and supplies used in the operation of the plant; to cover the cost of all repairs; to cover all miscellaneous expenses; to pay all interest charges upon all indebtedness of the Village created for the purpose of purchasing, improving or extending the electric lighting plant, and to provide a sinking fund sufficient for the purpose of paying off such indebtedness at maturity; and to cover tne following annual appropriations: (C) Water Rates. The Commission shall fix such rates for water furnished to consumers as will secure revenues sufficient to pay all salaries and wages of all officers and employees in tne water department; to cover the cost of all materials aria. supplies used in the operation of the plant; to cover the cost of all repairs; to cover all miscellaneous expenses; to pay all interest charges upon all indebtedness of the Village created for tne purpose of purchasing, improving or extending the electric lignting plant, and to provide a sinking fund sufficient for the purpose of paying off such indebtedness at maturity; and to cover the following annual , appropriations; SECTION 23. Electric Rules and Regulations. The Commission shall adopt and amend, from time to time, rules and regulations pertaining to electric service to consumers and customer relations. Such rules and regulations shall prohibit tine Commission and its .l- -_._ . employees from servicing customer equipment on customerst premises except for the installation and maintenance of its -- • • property• however,'i the Commission may make an allowance uo a customer installing an electric range or water heater to defray the cost wholly or in part for wiring for such installation. SECTION 24. Water Rules and Regulations. Tne Commission shall adopt and amend, from time to time, rules and regulations pertaining to water service to consumers and customer relations. Such rules -_ and regulations shall specifically provide that no person except tne tappers employed by tne Commission, or persons in their service duly approved, will be permitted to tap any distributing pipe, or insert slop-cocks or ferrules therein in and..that the Commission shall not install or maintain tne service to any customer. SECTION 25. Policy as to Employees. The Commission shall adopt and amend from time to time rules and regulations in respect to labor and employment policy and thereupo3r.publish. In tne selection of employees of the department, tne fullest preliminary information, including a birth certificate, shall be submitted to the Commission prior to consideration for employment by the Commission. The Commission shall require that all present employees submit comparable in41 formation, including a birth certificate, to the Commission. Selection of or appointment to tne service of the Commission will not be made when such appointments involve nepotism as defined by the Commission. All appointments and promotions shall be made on merit. In the positions or employments, comparable to private emvloyment which require certificates of registration under the statutes, State of Minnesota, all appointees and present employees shall be required to hold a certificate of registration. -n- • SECTION 26. Application of By-Laws. • In the event that any provision of tnese by-laws is or may be in conflict with any law of the United States, of the State of Minnesota, ftheVage of Elk River, Minnesota, or of any governmental body or power having jurisdiction over this Commission • - or over the subject matter to which such provision of these by-laws applies or may apply, such provision of these by-laws shall be inoperative to the extent only that the operation thereof unavoidably conflicts with such law and shall in all other respects be in full force and effect. - 9-