City Council Ordinance 480ORDINANCE NO. 480
CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
AN ORDINANCE ESTABLISHING A TELECOMMUNICATIONS
PUBLIC SERVICE ENTERPRISETO BE KNOWN AS FiberNet Monticello
THE CITY COUNCIL OF THE CITY OF MONTICELLO, MINNESOTA,
ORDAINS:
SECTION 1. Title 2 of the City Code of the City of Monticello is amended by adding
the following chapter.
CHAPTER 9
SECTION:
2 -9 -1. Findings and Purpose
2 -9 -2. Creation, Advisory Board Established
2 -9 -3. Officers and Meetings
2 -9 -4. Functions, Powers and Duties
2 -9 -5: General Manager
2 -9 -6. Reservation of Power
2 -9 -1: FINDINGS AND PURPOSE
Minnesota Statutes § 237.19 authorizes the City to own and operate a telephone
exchange and to provide municipal telecommunications services following a
referendum within the City. The City conducted the required referendum and
more than the statutorily prescribed 65 percent of those voting thereon voted in
favor of proceeding. Based on all information to date, the City Council hereby
finds that the establishment of FiberNet Monticello is in the best interests of the
City. The City Council further finds that it is in the best interests of the City to
create an advisory board to guide the management of FiberNet Monticello.
2 -9 -2. CREATION, ADVISORY BOARD ESTABLISHED:
(A) A municipal telecommunications services enterprise to be known
as FiberNet Monticello is hereby created and established. FiberNet
Monticello shall have an Advisory Board composed of five (5)
voting members to be appointed by the Mayor and the City
Council.
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(B) Two of the voting members shall be members of the City Council
(one of which could be the Mayor). The terms of appointment
shall coincide with their elected terms of office and appointments
to replace any member whose term is expiring or otherwise vacant
may be made from any member of the Council.
(C) The remaining three (3) voting members shall be appointed and
shall serve staggered terms. Those initially appointed shall serve
for two years, three years and four years respectively. Thereafter,
all members shall be appointed for five year terms, except for any
person appointed to fill a vacancy occurring prior to the expiration
of the term to which his/her predecessor had been appointed shall
be appointed only for the remainder of such term.
(D) All voting members shall serve at the pleasure of the City Council.
Vacancies shall be filled by appointment by the Mayor and the
City Council. Upon the expiration of his/her term of office, the
member shall continue to serve until his/her successor is appointed
and qualified.
(E) The City Administrator of the City of Monticello and the General
Manager of FiberNet Monticello shall be non - voting members of
the Advisory Board.
2 -9 -3: OFFICERS AND MEETINGS
(A) The Advisory Board shall have the offices of President and Vice
President. The President shall be the Mayor, or if the Mayor is not
serving, the President shall be a member of the City Council and
designated by appointment of the Mayor and the City Council.
The Vice President shall be elected by the members from the
remaining members.
(B) The Advisory Board shall adopt bylaws with rules and procedures
not inconsistent with the provisions of this ordinance as may be
necessary for the proper execution and conduct of its business.
(C) The Advisory Board shall meet at least monthly. Special meetings
may be called by the President as needed.
2 -9 -4: FUNCTIONS, POWERS AND DUTIES
(A) The Advisory Board shall have the powers granted to it by the City
Council under this Ordinance and as otherwise delegated by action
of the City Council.
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(B) The Advisory Board shall have the authority to provide general
oversight and strategic management for the FiberNet Monticello
Enterprise Fund (the Fund). The Advisory Board shall insure that
the Fund meets City requirements and Minnesota Statutory
requirements for financial management and reporting.
(C) The Advisory Board shall have the authority to govern FiberNet
Monticello within the boundaries established in the annual budget
as approved by the City Council. The Advisory Board shall make
an annual budget recommendation to the City Council.
(D) The City Council shall make available to the Advisory Board such
appropriations as it deems fit for salaries, fees, and expenses
necessary in the conduct of its work. The Advisory Board shall
have the authority to approve and direct the expenditure of all
budgeted sums as appropriated and consistent with state law, in
particular M.S. Section 412.271, Subd. 8.
2 -9 -5: GENERAL MANAGER
(A) The City Council shall appoint a General Manager for FiberNet
Monticello, and hire or assign such staff or consultants or
contractors as it deems necessary for the efficient operations of
FiberNet Monticello and the City.
(B) The General Manager shall be responsible for the administration
and management of FiberNet Monticello.
(C) The General Manager shall provide reports to the Advisory Board
at its regular meetings and an annual report to the City Council
accurately describing the activities and financial condition of
FiberNet Monticello.
(D) The General Manager shall maintain contact with the City
Administrator as necessary to coordinate activities.
2 -9 -6: RESERVATION OF POWERS
(A) Except as delegated by this Ordinance, and subject to amendment
of this Ordinance, the City Council reserves its rights and powers
regarding FiberNet Monticello, including but not limited to the
power to (1) adopt the annual budget, (2) approve capital
improvements, (3) review rates and fees, (4) approve potential
expansions of the service area of FiberNet Monticello, and (5)
ratify hiring and firing.
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SECTION 2. EFFECTIVE DATE. This ordinance shall be effective upon its passage
and publication.
ADOPTED by the Monticello City Council this 14th day of April, 2008.
CITY OF MONTICELLO
By:
Clint Herbst, Mayor
ATTEST:
O
Jeff City Administrator
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