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ARTICLE 7. THE EXECUTIVE BRANCH: PROGRAMS, SERVICES and ACTIVITIES

CHAPTER 9. PUBLIC LIGHTING

Annotations By: Jacqueline Bejma

Sec. 7-901. Department

The Public Lighting Department is headed by the Public Lighting Director.

Sec. 7-902. Qualifications

The public lighting director must be a licensed mechanical or electrical engineer

The deputy public lighting director must be a licensed mechanical or electrical engineer

No person shall head the Public Lighting Department nor serve as Deputy Director, unless that person is a licensed mechanical or electrical engineer.

Sec. 7-903. Commission

The Public Lighting Commission will have 7 members appointed from each district

Members must be residents of the city

Membership terms last 5 years

The commission advises on the operations of the public lighting department

A seven (7) member Public Lighting Commission shall be appointed by and serve at the pleasure of the Mayor. The Commission shall consist of seven (7) members, one (1) each appointed from non at-large districts. A member must be a resident of the City. The term of membership is five (5) years. No more than two (2) terms expire each year. The Commission shall advise in the operation of the Public Lighting Department.

Sec. 7-904. Powers and Duties

The public lighting department will supervise and control all public lighting and public lighting plants

The public lighting department will:

1. Furnish and sell light, heat and power to any person, firm, division or corporation within or outside the city
2. Exercise other powers needed to perform its duties

The Department shall supervise and control all public lighting and public lighting plants and may:

1. Furnish and sell light, heat and power to any person, firm, division, or corporation within or outside of the city to the extent permitted by law; and
2. Exercise other powers and perform other duties necessary to carry out its functions.

Sec. 7-905. Limitations on Sale of Assets

In regards to public lighting:

1. The city may not sell or dispose of property needed to provide service without the approval of a majority of voters
2. The city may not grant any public utility franchise unless it is revocable by city council and approved by 3/5 of voters
3. Anything that violates these rules is considered void

The following limitations shall apply relative to public lighting:

1. The City may not sell or in any way dispose of any property needed to continue the operation of any city owned public utility furnishing lighting, unless approved by a majority of city voters voting on the question at a regular or special election.
2. The City may not grant any public utility franchise for public lighting which is not subject to revocation at the will of the City Council unless the proposition is first approved by three-fifths (3/5) of city voters voting on the question at a regular or special election.
3. All contracts, franchises, grants, leases or other forms of transfer in violation of this section shall be void and of no effect against the city.