Section 99-09 ARTICLE IX. UTILITIES SYSTEM

Prior to the adoption of 99-9-12 on 02/09/2004, Section 99-09 read as follows.

ARTICLE IX. UTILITIES SYSTEM

Section 9.10. Utilities system authorized.

     The city, by and through its city council is hereby authorized and empowered  to operate an electric utility system in the city for the purpose of furnishing electric power for the streets and buildings of the city; to operate an electric power plant for its own benefit; to sell electric power  to  consumers, and to contract with any person, firm or corporation for the furnishing of electric lights, electric power and all other purposes for which electricity generated by such plants is now,  or hereafter to be used in or on streets, roads, buildings or other sites in and on any territory as  permitted by the Georgia Territorial Electric Service Act, O.C.G.A. 46-3-1 et seq., or as otherwise  permitted by law. The Thomasville Utilities Department is further authorized and empowered to operate a water system, a sanitary sewer system, a cable television system, any and all data  transmission and telecommunications systems, whether by fiberoptic cable or otherwise, and any  additions that may be added thereto from time to time or that otherwise are allowed under the  general laws of the State of Georgia, and for all purposes and uses as specified for the furnishing  of electric power set forth above. The Thomasville Utilities Department shall also be authorized and empowered to operate and maintain a gas (natural or manufactured) generating and distribution system, all as set forth in Section 10.1 of Article X of this charter.

 (Ord. of 6-12-95(1),  I(C))

Section 9.11. Employment of necessary personnel.

     The City Council is hereby authorized and empowered to employ all necessary  officers and  employees to operate Thomasville's utilities system and to control the same.

 (Ord. of 6-12-95(1),  I(E))

Section 9.12. Superintendent of utilities department, appointment.

     The city council shall appoint a general superintendent of the utilities department at its January meeting or at such other time as it may then designate.

 (Ord. of 6-12-95(1),  I(B))

Section 9.13. Utilities department general reserve fund.

     A fund shall be created and maintained to be known as the City of Thomasville  Utilities Department General Reserve Fund. The city, from revenues derived from the operations of its  water and electric systems now owned or which it may hereafter acquire, shall pay into such fund  twenty (20) percent of the net income from its systems before depreciation charges are made. The moneys in such fund shall be used and applied solely for improvements, extensions, and replacements of the lands, buildings, equipment, and distribution systems now owned and used or  which may hereafter be acquired by the city in connection with the operation of its water and electric systems and shall not be used or applied for ordinary operation and maintenance nor for ordinary service connections.

 (Ord. of 6-12-95(1),    I(B), (F))

Section 9.14. Utilities commission--Creation, officers, duties.

     A board is hereby created to be known as the City of Thomasville Utilities Commission,  composed of the members of the city council and their successors in office and who shall serve without additional compensation to that received as councilmembers. The mayor shall be the  chairman of such utilities commission. The treasurer and clerk of the city shall serve respectively  as treasurer and clerk for such utilities commission and without additional compensation. It shall be the duty of such utilities commission to create and maintain the City of Thomasville Utilities  Department General Reserve Fund as herein provided. All sums in such fund, in excess of amounts required for immediate disbursement regularly ordered, shall be invested. Investments shall be limited to direct and general obligations of the United States government or its agencies, or guaranteed by the United States government or its agencies as to both principal and interest, municipal and state bonds, bank certificates if protected by escrow of an equal value of the above  type investments, or federal savings and loan to the limit covered by insurance, except that the fund shall not be invested in bonds of the city. All interest accumulations from such bonds in the fund  shall be invested in such fund. All bonds bought for the fund shall be on approval first hand from the city council. Of the bonds held there may be sold at any time a sufficient amount to pay for any expense incurred for any of the purposes for which the fund was created and which has been duly ordered paid. No expenditure of money or proceeds from the sale of any bonds held in the fund shall be ordered for any purpose other than those specified in Section 9.14 hereof, and except upon approval of the utilities commission and a resolution carried by majority vote of the entire city  council, which approval and resolution must first be fully entered on the minutes of the city  council. No money shall be paid out of the fund except by voucher signed by the treasurer and countersigned by the chairman of the utilities commission and the general superintendent of the  utilities department. The utilities commission shall, with approval of the city council, designate a depository for the fund, and the treasurer shall make bond in an amount set by the utilities  commission, payable to the city and approved by the city council, for the proper protection of the  fund. The utilities commission shall, with approval of the city council, designate a box in a safety-deposit  vault for the keeping of the bonds and securities held in such fund, which box shall not be opened and gone into except by a person or persons designated by the city council.

 (Ord. of 6-12-95(1),    I(B), (F))

Section 9.15. Same--Composition.

     The city council and their successors in office shall constitute the City of Thomasville Utilities  Commission.

 (Ord. of 6-12-95(1),    I(B), (F))

Section 9.16. Same--Reports.

     The superintendent of the utilities department shall make written reports to the city council at the  first regular meeting of the city council in the months of January, April, July, and October of each  year, which reports shall show in detail the acts, transactions, and operations of the utilities  commission for each quarter year respectively, with a statement of bonds held, bought, and sold  and all moneys received and paid out. Such reports shall be examined by the city council and recorded in the minutes.

 (Ord. of 6-12-95(1),    I(B), (F))

Section 9.17. Election prerequisite to sale or lease of utilities system.

     The utilities plants and systems now owned by the city or hereafter acquired shall not be sold or leased without first being authorized by a two-thirds majority of the registered voters of the city voting in an election held for that purpose, which election, if held, must be by resolution of the city council, and after notice thereof shall have been published by the city clerk for thirty (30) days in  each consecutive issue of a weekly or daily newspaper published in the city, and within fifteen (15) days after the last publication of such notice.

 (Ord. of 6-12-95(1),    I(B), (F))