ORDINANCE NO. 180500

Establishing a Water Utilities Advisory Board appointed by the Mayor and amending Chapter 2, Article VI of the Code of Ordinances, entitled “Boards, Commissions and Committees,” by enacting a new Division 21 consisting of Sections 2-970.50 through 2-970.60 entitled “Water Utilities Advisory Board” to review and make annual recommendations to the City Council and the Water Services Department for the services, financial policies, rates, charges, and fees used to support the annual budget of Kansas City’s municipally owned Water, Wastewater and Stormwater utilities.  

WHEREAS, Kansas City is committed to providing excellent water services through its water, wastewater, and stormwater utilities that ensure the health and safety of its citizens while safeguarding regional water resources for future generations; and

WHEREAS, Kansas City has built data-driven and fiscally responsible water utilities that protect the environment and life’s most precious resource – water; and

WHEREAS, many municipally owned water, wastewater and stormwater utilities in the United States have an appointed advisory board; and

WHEREAS, such advisory boards exist to evaluate the utilities' needs for annual rate adjustments to meet the costs and demands associated with delivering service to end users; and

WHEREAS, the City of Kansas City should reflect best practices with an advisory board having industry expertise to evaluate the cost of service and recommend rates, fees, and charges for water services to the City Council on an annual basis; and

WHEREAS, establishing an advisory board would increase transparency and the opportunity for public input in the rate setting process, benefiting the citizens of Kansas City; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That Chapter 2, Article VI of the Code of Ordinances, entitled “Boards, Commissions and Committees,” is amended by enacting a new Division 21 consisting of Sections 2-970.50 through 2-970.60 entitled “Water Utilities Advisory Board” to review and make recommendations to the City Council for the services, financial policies, rates, charges, and fees used to support the annual budget of Kansas City’s municipally owned Water, Wastewater and Stormwater utilities, said sections to read as follows:  

DIVISION 21. WATER UTILITIES ADVISORY BOARD

Sec 2-970.50. Establishment and Purpose.

There is hereby created the Water Utilities Advisory Board, whose purpose is to review and make recommendations to the City Council and the Water Services Department for the services, financial policies, rates, charges, and fees used to support the annual budget of Kansas City’s municipally owned Water, Wastewater and Stormwater utilities. If requested by the City Council, the Board shall review and make recommendation on other matters related to the water utilities.

Sec 2-970.51. Establishment; membership; appointment and qualification of

members.

The Board shall consist of five (5) voting members who shall be appointed by the Mayor and a liaison member, the Director of Water Services or their delegate, who shall have no voting rights. The Board’s voting members shall consist of representatives recruited from among business and residential communities which represent the City’s customer base, demonstrate industry expertise, and shall be allocated as follows:

(1)               two (2) members shall be residential customers residing in Kansas City;

(2)               two (2) members shall be business customers located in Kansas City; and

(3)               one (1) member shall be from the City at-large.

Sec. 2-970.52. Terms.

Voting members shall serve staggered five-year terms, with initial appointments being as follows: one (1) member shall serve a five-year term, one (1) member shall serve a four-year term, one (1) member shall serve a three-year term, one (1) member shall serve a two-year term, and one (1) member shall serve a one-year term. Following the initial appointments, all members shall serve five year terms. The Mayor may appoint a member to complete the remaining term of any vacant position. Voting members, at the end of their term, may be reappointed at the pleasure and discretion of the Mayor. Voting members shall be subject to removal by the Mayor.

Sec. 2-790.53. Duties.

The Board shall hold at least four (4) regular meetings each year, and call special meetings as required. The Board shall provide recommendations to the City Council and the Water Services Department for the services, financial policies, rates, charges, and fees that support the annual budget process of Kansas City’s municipally owned water, wastewater and stormwater utilities.

Sec. 2-790.54. Rules and Procedures.

The Board may adopt, from time to time, rules governing its own procedures and fixing the time and place of its meetings to effectuate its purpose and govern its affairs. However, three absences in a single year from meetings shall be deemed to be a resignation from the Board. The Board shall elect a chair and a vice chair from among its members. The terms of the chair and vice-chair shall be for one (1) year with eligibility for re-election.

Sec. 2-790.55. Compensation.

The members of the Board shall serve without compensation.

Sec. 2-790.56. Staff Support and Supplemental Training.

The Water Services Department shall provide clerical and administrative services for the Board. Voting Members’ industry expertise shall be supplemented by receiving cost-of-service or similar water utility financial management training.

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Approved as to form and legality:

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Charlotte Ferns

Assistant City Attorney