AN ACT AMENDING THE CHARTER OF THE CITY OF FAYETTEVILLE TO MAKE CHANGES RELATED TO THE MEMBERSHIP AND OPERATION OF THE PUBLIC WORKS COMMISSION. Enacted June 29, 2016. Effective July 1, 2016.
Summary date: Jun 29 2016 - More information
Summary date: Jun 24 2016 - More information
Senate committee substitute makes the following changes to the 4th edition.
Amends proposed Chapter VIA of the Fayetteville City Charter, concerning the Public Works Commission, to clarify that for purposes of GS Chapter 62 (Public Utilities), the Commission is to be considered a municipality.
Establishes that nothing in Chapter VIA is to be construed as conferring upon the Commission any power or authority to convey title or ownership (previously, title only) to sell, lease, or otherwise transfer or dispose of any property owned or held in the name of the City of Fayetteville, but under the management and control of the Commission, unless the transaction is approved by resolution of the City Council and is in compliance with the Financing Documents (previously, is in compliance with any Financing Documents).
Makes technical changes.
Summary date: Jun 23 2016 - More information
Senate committee substitute makes the following changes to the 3rd edition.
Amends proposed Chapter VIA of the Fayetteville City Charter, concerning the Public Works Commission (Commission), providing that the Commission will have four members, with a new appointment being made in September 2016 (previously, membership of Commission was going to increase to five on October 1, 2016, with a new appointment being made in September of 2015).
Clarifies that no member of the Commission can serve for more than two consecutive terms (previously, allowed the city council to increase consecutive terms allowed by a two-thirds vote). Amends provisions concerning the powers and duties of the Commission, clarifying that the Commission is a public authority as defined in GS 159-7(b)(10), or as provided in other State statutes, except as provided for in the Charter or any Financing Documents (previously, provided the Commission was a separate and independent public authority and required the provisions of the Charter to be liberally construed to accomplish that intent and purpose). Adds additional powers and duties for the Commission, providing that the Commission is authorized to sue and be sued in its own name, as well as authorized to plead and be impleaded. Adds additional provisions concerning financial authority providing that the Commission does not have authority, without prior approval of the City Council, to expend funds or offer any kind of financial incentives for purposes not directly related to the Commission's powers and duties.
Makes clarifying changes to provisions concerning property providing that title to all real property, fixtures, and appurtenances under the management of the Commission is in the name of the City with all title to personal property utilized by the Commission in discharge of its duties to be in the name of the Commission (previously only referred to plants, property, and equipment and not real property or personal property).
Amends provisions concerning remittances, first providing that the included processes and procedures for remittances are effective beginning July 1, 2016 (was, July 1, 2015). Then amends percentage amounts, requiring each month a remittance to the City of Fayetteville equal to 1/12 of an annual amount equal to 2.45% of the Total Net Position of the Electric Fund as reported and specified for each immediately preceding fiscal year ending June 30 (previously, 5% of the gross retail sales, less any taxes, of all utility services, except water and sewer services, provided to residential, commercial, and industrial customers of the Commission).
Adds language requiring the Commission's auditor to also report to the Commission in addition to the City Council.
Amends and expands provisions on Commission contracts, now requiring a majority vote of the City Council to approve contracts that expend funds in the amounts as specified (previously, contracts could be approved by at least three members of the Commission). Allows the Commission to approve contracts below the threshold amounts under GS 143-129 by approval of three members of the Commission. Also specifies that the Commission can enter into contracts not requiring City Council approval in the name of the Public Works Commission of the City of Fayetteville. However, contracts needing City Council approval or any contract involving the acquisition, titling, or conveyance of any interest in real property managed by the Commission must be entered into in the name of the City of Fayetteville.
Deletes provisions from previous edition that specified that the current members of the City's Public Works Commission could continue to serve until their successors are appointed.
Specifies that if any differences arise between Section 6A.16 of the Charter and the written agreement between the City of Fayetteville and the Commission, then Section 6A.16 of the Charter controls.
Makes conforming and technical changes.
Amends the effective date, now providing that the act is effective July 1, 2016 (was, July 1, 2015).
Summary date: Apr 28 2015 - More information
House committee substitute makes the following changes to the 2nd edition.
Amends proposed Chapter VIA as follows. Requires members of the Public Works Commission (Commission) to remain residents of Fayetteville throughout their tenure. Authorizes the Commission to extend its water system and sell water in a geographic area permitted by law; deletes the authorization to extend its electric system, sewerage system, and any other utility service system. Makes conforming changes. No longer requires a two thirds vote to impose a special assessment for any purpose related to the provision of utility services against benefitted property. Deletes the requirement that the assessment amount and terms be agreed upon by both the City Council and the Commission. Makes clarifying changes.
Summary date: Apr 16 2015 - More information
House committee substitute makes the following changes to the 1st edition.
Amends proposed Chapter VIA, Public Works Commission (Commission), of the City of Fayetteville Charter, adding additional language concerning the membership of the Commission, providing that if a member is determined to no longer be a resident of the City, that member's seat immediately becomes vacant, with a successor to be appointed as specified. Makes a technical correction. Makes conforming changes to the provisions concerning the reasons that a member can be removed from office by a two-thirds vote for neglect of duties. Also provides that a member can be removed for neglecting to perform duties required by any existing or future Bond Order or other financing instrument providing for debt of the City payable from revenues of the utility system managed by the Commission.
Amends the power and duties provisions, replacing language that the Commission is a unit of government with language that clarifies that it is public authority within the meaning of GS 159-7(b)(10). Adds additional clarifying language that provides that the Commission is subject to any direction and control as provided for in any Financing Documents. Makes clarifying changes. Provides that the Commission has authority to make contracts that can include agreements for the bulk sale or purchase of power, water, or capacity.
Makes multiple clarifying changes to various provisions, providing that the Commission's budget does not have to be approved by the City Council. Requires compliance with provisions in any financial documents in regards to authority over property and concerning cash reserves. Provides for the Commission to remit to the City 1/12 of an annual amount equal to 5.20% of the gross retail metered sales, less any taxes, of services as specified (previously required monthly remittances of 5% of gross retail sales).
Adds language concerning the issuance of revenue bonds, providing that the City Council must approve by majority vote the incurring of debt or other financing of the utilities that involves pledging or securing of revenues or other assets. Makes clarifying and conforming changes.
Provides that the Commission can financially support local initiatives which can enhance or support the provision or growth of utility services if approved by at least three Commission members.
Amends provisions concerning special assessments providing that the City Council can, by a 2/3 vote, impose a special assessment for purposes related to providing utility services against benefitted property with a requirement that the terms and amount be agreed upon by the City Council and the Commission (previously, stated the City had the sole authority to make special assessments).
Adds that this Charter does not purport to include all of the acts necessary to carry on all the duties and privileges as specified, so it is to be supplemented by general law, with the Charter controlling in instances of conflict. Also states that nothing contained in these provisions is meant to contravene any provision of any financing documents and sets out provisions to ensure compliance with such financing documents.
Summary date: Mar 30 2015 - More information
Repeals Chapter VI, concerning the Public Works Commission, of the Fayetteville City Charter, Chapter 557 of the 1979 Session Laws.
Amends the Fayetteville City Charter by adding new Chapter VIA, concerning the Public Works Commission. Creates the Fayetteville Public Works Commission (Commission) and continues it in its current form until October 1, 2015, at which time the membership increases to five. Sets terms of office at four years and requires a new appointment to be made in September of 2015, for a term of four years. Prohibits a member from serving more than two consecutive terms unless the City Council, by a two‑thirds vote, increases the number of consecutive terms allowed and prohibits service on the Commission by an elected official of the City of Fayetteville or an employee of the City or the Commission, but requires the Mayor to designate a member of the City Council to serve on the Commission as an ex officio nonvoting member. Provides for filling vacancies, qualifications of commissioners, organization of the Commission, required bond by Commission members, and member compensation. Specifies circumstances under which a Commission member may be removed by a two-thirds vote of the City Council. Sets out the Commission's powers and duties. Requires the Commission to appoint a general manager. Specifies that the title to all property under the Commission's management and control is and remain in the City's name. Sets out provisions concerning the sale of utility services, billing electric utility customers, keeping records and accounts, handling receipts and disbursements, maintaining cash reserves, and auditing. Requires the Commission, beginning July 1, 2015, to within 45 days of the financial close of each month remit to the City of Fayetteville 5% of the gross retail sales, less any taxes, of all utility services, except water and sewer services, provided to residential, commercial, and industrial customers of the Commission. Prohibits additional cash contributions or transfers from the Commission to the City unless: (1) the Mayor declares a state of emergency and (2) the Commission and City Council agree on the amount of the cash contribution or transfer. Sets out reporting requirements. Includes provisions governing issuance of revenue bonds, entering contracts, providing services to the City, making special assessments, participating in the retirement system, and investment authority.
Specifies that the current members of the City's Public Works Commission may continue to serve until their successors are appointed.
Effective July 1, 2015.
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