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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. 13689305 (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. 136893v05 2 (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. 136893v05 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 136893v05 4