(Published in the Brainerd Dispatch, Jan

(Published in the Brainerd Dispatch, January 30, 2022, 1t.) ORDINANCE NO. 1523 AN ORDINANCE AMENDING THE CITY CHARTER THE CITY COUNCIL OF THE CITY OF BRAINERD DOES ORDAIN: SECTION ONE: Chapter Six is amended and renumbered as follows. CHAPTER SIX PUBLIC UTILITIES COMMISSION 1. The Public Utilities Commission shall control, operate and manage the following utilities of the City: a. Water works system, including the filtration plant, water towers and distribution system. b. Wastewater system, including the wastewater treatment facility, force mains and lift stations, but not including the gravity fed wastewater collection system, which is operated by the Public Works Department. c. Electric generation and distribution system. d. Except as provided above, all other public utilities that are hereafter owned by the City. 2. Such Commission shall upon the appointment and qualification of its members, and at such times as it may see fit organize and re-organize such Commission, and in such organization and re-organization, shall appoint from its members a President and Vice-President and shall appoint a Secretary who shall not be a member of the Commission. 3. The Secretary of the Commission or his/her designee shall attend all meetings of the Commission and keep a record of all proceedings. The Secretary shall perform such other and further duties as may be prescribed or directed by said Commission. 4. The City Council shall employ all necessary help for the Commission to properly perform its duties and approve all terms and conditions of employment. Personnel for vacant positions may be recommended by the Commission to the City Council. All Commission personnel are subject to the City’s personnel policies. 5. Subject to state law, the Commission shall have power to fix all rates to be paid by consumers of water, wastewater and power, and to make and enforce such rules, regulations and penalties as they may deem proper to affect such collections and to protect all property and rights pertaining to the said departments. 6. The Public Utilities Commission shall have power to institute, prosecute and defend, in the name of the City of Brainerd, all actions which they may deem proper to carry out and enforce their authority as such board; but no real estate or easement shall be acquired by purchase or condemnation proceedings. No water or wastewater utility listed in Paragraph 1 may be extended beyond the existing service territories unless the City Council shall so order the same by a resolution passed by a majority vote of all its members. With respect to water and wastewater utilities, the “service territories” are defined as those areas of the City served by existing mains and laterals. Service lines from mains and laterals to customer structures may be extended under the sole authority of the Public Utilities Commission. The service territory for the electrical utility is established by the Minnesota Public Utilities Commission. Any extension of the electrical utility outside the service territory by contract with another utility shall be approved by the City council. Any extension of the electrical utility within the service territory, or any contract with another utility to provide power within the Commission’s service territory, shall be approved by the Commission. 7. The Commission shall, at the first meeting of the City Council, in December of each year, present an operating budget for the following year as well as a five year capital improvement plan outlining anticipated future capital expenditures. The budget shall set forth all expenditures that can be anticipated for the operation of the Commission, during said fiscal year, and when approved, in whole or such part as may be approved by the City Council, shall constitute the authority for the Commission to make such expenditures, subject to the provisions of this Charter. The Commission shall have the power to purchase and pay for all supplies necessary for the management of said business, when so approved by the City council either as a part of said budget or by solution of the City Council authorizing same, except that the Commission shall have the power to purchase supplies and machinery in case of sudden and extraordinary injury to said plants, making such purchases and contracts necessary to repair the same. 8. The Commission’s Finance Director shall keep a complete set of accounting records showing in detail all the business and financial affairs and transactions of the Commission and shall receive and safely keep all funds belonging to the Commission in a bank or depository designated by the City Council. All funds shall be deposited in the name of the Commission, and all investments shall be subject to state law and the City of Brainerd Investment Policy. The Commission shall make financial transfers to the City in amounts as specified in Brainerd Public Utilities Policy 2003-01, as amended and approved by the City Council. SECTION TWO: Upon passage, this ordinance becomes effective 90 days after its publication. Adopted this 6th day of December, 2021 /s/ Kelly Bevans President of the Council Approved this 7th day of December, 2021 /s/ Dave Badeaux Mayor ATTEST: /s/ Jennifer Bergman City Administrator