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

CHAPTER 12. WATER and SEWERAGE

Annotations By: Jacqueline Bejma

Sec. 7-1201. Department

The water and sewerage department is headed by a 7 member board of water commissioners

Members are appointed by the mayor

Membership terms last 4 years

Members must be U.S. citizens and Michigan residents

At least 4 members of the board must be residents of Detroit

The board will appoint a director and deputy director with the approval of the mayor

No member of the board of water commissioners may be a city employee or contractor.

The Water and Sewerage Department is headed by a seven (7) member board known as the Board of Water Commissioners. The members of the Board shall be appointed by and serve at the pleasure of the Mayor. No member of the Board shall be a City official or employee, or a principal or employee of a contractor of the City. The term of membership on the Board is four (4) years and not more than two (2) terms expire each year.

A member must be a citizen of the United States and a resident of Michigan. At least four (4) members of the Board must be residents of Detroit.

The Board shall appoint, with the approval of the Mayor, a Director and a Deputy Director for the department. The Director and Deputy Director serve at the pleasure of the Board.

Sec. 7-1102. Advisory Commission

A 7 member advisory commission will be created with one member from each of the 7 districts

An advisory commission for transportation shall be created pursuant to section 7-103. The Commission shall be composed of at least seven (7) members, one selected from each non at-large district.

Sec. 7-1202. Powers

The water and sewerage department will supply water, drainage and sewerage service within and outside the city

The board will establish equitable rates

Rates will be paid by the owner or occupant of each house of building using services

Rates will be paid by any person, municipality or public or private agency purchasing services

Unpaid fees will result in a lien on the real property, unless otherwise prohibited by law

The board will make any necessary adjustments to fees and charges

The board may establish rates by ordinance

The board can advise other agencies at the request of the mayor

Under the direction of the Board, the department shall supply water, drainage and sewerage services within and outside of the city.

The Board shall periodically establish equitable rates to be paid:

1. By the owner or occupant of each house or building using water, drainage, or sewerage services; and
2. By any person, municipality, or public or private agency making a wholesale purchase of water, drainage or sewerage services from the City.

Unless otherwise provided by contract or state law, the unpaid charges for water, drainage, and sewerage services, with interest, shall be a lien of the city upon the real property using or receiving them.

The Board may make all necessary adjustments in the collection of water, drainage or sewerage charges.

The Board may be given additional authority to establish rates by ordinance.

Upon the request of the Mayor the board shall advise the various agencies of the city on matters involving water resource management.

Sec. 7-1203. Limitation on Funds

All fees for services collected by the city treasury can only be used to pay for the expenses incurred in providing these services

All moneys paid into the city treasury from fees collected for water, drainage or sewerage services shall be used exclusively for the payment of expenses incurred in the provision of these services, including the interest of principal of any obligations issued to finance the water supply and sewerage disposal facilities of the city, and shall be kept in separate funds.

Sec. 7-1204. Limitation on Sale of Assets

The city may not sell of dispose of any property needed to continue water and sewerage service without the approval of a majority of voters

The city may not privatize water and sewerage service unless revocable by city council and approved by 3/5 of voters

Anything that violates these rules is considered void

The following limitations shall apply relative to water and sewerage:

1. The City shall not sell or in any way dispose of any property needed to continue the operation of any city-owned public utility furnishing water and sewerage service, unless approved by a majority of city voters voting on the question at a regular or special election.
2. The City shall not grant any public utility franchise for water and sewerage services 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.