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HomeMy Public PortalAboutOrd 46 of 2004 Amended by Ord 1 of 2011 Creating a Public Urtility Commission ORDINANCE NO. 46 Of 2004 AN ORDINANCE CREATING A PUBLIC UTILITY COMMISSION FOR THE CITY OF BENTON, ARKANSAS FOR THE PURPOSE OF OPERATING AND CONTROLLING THE ELECTRIC, WATER AND SEWER SYSTEM OWNED BY THE CITY; AND PRESCRIBING OTHER MATTERS RELATING THERETO. WHEREAS, the City of Benton, Arkansas (the "City") owns and operates electric, water and sewer utilities as a single, integrated undertaking (collectively, the "System"); and WHEREAS, the City Council desires to provide low cost and reliable utilities to the citizens of the City; and WHEREAS, the City Council has determined the need for (a) studies regarding the City's short and long term needs regarding the System, (b) continuous upgrading of the System for future growth, and (c) other utility related services as may benefit the citizens of the City; and WHEREAS, the City Council of the City has determined that the System can be most efficiently and economically operated under a commission form of management, and WHEREAS, the City Council by resolution will delineate certain matters, such as allocation of employees, planning, financial reporting, personnel policies, assessment charges, provision of services to the City and such other matters as the City Council may deem appropriate; and WHEREAS, Title 14, Chapter 201, Subchapter 2 of the Arkansas Code Annotated (1998 Repl.) (the "Authorizing Legislation") provides for the formation of a commission for the purpose of directing, controlling, operating and managing the water, sewer and electric utilities of a city of the first class; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Benton, Arkansas: Section 1. That, pursuant to the Authorizing Legislation, there is hereby created a commission to be designated as the "Public Utility Commission of the City of Benton, Arkansas" (the "Commission"). Section 2. That, in conformity with the requirements of the Authorizing Legislation, the Commission shall initially be composed of five residents of the City having the following terms: Charles Mazander, whose term will expire ~ , 2005, Charles Best, whose term will expire ;~-~1 , 2006, Rita Edwards, whose term will expire I~-~l 2007, Lamont Cornwell, whose term will expire ;~-~i - 2~08, and James Martin, whose term will expire !~ , 2069. Ail commissioners shall at all times be residents of the City. Successor commissioners shall be nominated by the Commission and submitted to the City Council for ratification and confirmation by a majority vote of all members of the City Council for a term of five (5) years. All vacancies by death, resignation or inability to serve shall be filled by the same procedure as successor commissioners. In addition to the five commissioners, the Mayor and one alderman to be appointed by the City Council from time to time shall serve an ex-officio members of the Commission with no voting authority. Ex-officio members shall not count in determining a quorum for meetings of the Commission. In the event that any members of the Commission shall attempt to exercise the power of the Commission or his power as a Commissioner in a harmful or unlawful manner, the City Council shall have the right to conduct a hearing and if it finds the charges to be true, it may remove such commissioner by a two-thirds (2/3) vote of the members of the City Council. The vacancy shall be filled by the same procedure for successor commissioners. Section 3. That the Commission is hereby granted full power to manage, operate, control, supervise, improve, extend, maintain and contract concerning the System subject to the Authorizing Legislation and certain conditions set from time to time by the City Council. Section 4. That the Commission is hereby granted full power to employ or remove any and all assistants and employees and to fix, regulate, and pay their salaries, subject to the Authorizing Legislation and certain conditions set from time to time by the City Council. Section 5. That, subject to the Authorizing Legislation and certain conditions set from time to time by the City Council, the Commission is empowered to acquire, construct and equip any and all facilities, consisting of real property, personal property or mixed property of any and every kind, which are necessary or useful as a part of or in connection with the System. Section 6. That the City Council shall continue to approve bonds for the System. The Commission shall not have the power to issue bonds. However, the Commission shall from time to time make recommendations to the City Council regarding the need for bonds to be issued. The City Council shall not approve the issuance of bonds for the System without first seeking the advice of the Commission, which advice shall be nonbinding. Section 7. That the members of the Commission shall serve without compensation. In the event any member of the Commission incurs any expense in the performance of his duties as a commissioner, such expense may be allowed by the Commission as a part of the cost of the operation and paid out of the revenues of the System. Section 8. That the Commission shall report to the City Council on each calendar quarter of the year on the state of operations and financial affairs of the Commission and the System. Section 9. That at the end of each fiscal year, the Commission shall cause an audit to be made of the financial affairs of the Commission by a certified public accountant. Five (5) copies of such report shall be retained in the office of the Commission, and there shall be made available a copy to the Mayor of the City and the City Council. Section 10. That the Commission shall adopt such rules and regulations as it deems necessary and proper for the operation, supervision, control and management of the System. The Commission is hereby empowered to change the rules and regulations at any time the Commission desires to do so. Section 11. That the Commission shall manage, operate, control and supervise the System and handle, invest, collect and deposit revenues of the System in compliance with all ordinances authorizing outstanding bonds of the City payable from System revenues (the "System Bonds") and all ordinances incorporated therein by reference (the "Bond Ordinances"). Section 12. That the City Council shall continue to be empowered to set and approve the rates for the System. The Commission shall not have rate-making authority. However, the Commission shall from time to time make recommendations to the City Council as to rate adjustments. Except rate increases necessary to comply with the req~. irements of the Bond Ordinances, the City Council will not revise rates without first seeking the advice of the Commission, which advice shall be nonbinding. Section 13. That so long as the Commission is collecting revenues of the System and making the deposits and payments required by the Bond Ordinances, there shall be no charge to properties owned by the City for services of the System. Otherwise, the Commission shall not provide any free, reduced charge or donated service to any entity nor shall it donate any of its equipment, material, labor or funds without the express approval of the City Council. Section 14. That the Commission and the City may enter into agreements to provide non-utility related services to each other and shall charge each other the cost of such services. Section 15. That in the event the City Council should choose to dissolve the Commission, it shall require a two-thirds (2/3) majority of the total membership of the City Council to pass an ordinance or resolution to that effect. 3 Section 16. That the provisions of this Ordinance are separable and if a section, phrase or provision shall be declared invalid, such declaration shall not affect the validity of the remainder of this Ordinance. ., Section 17.. That this Ordinance shall not take effect until ~~,~ ~ , 200~k. ! APPROVED:  ~ M~yor Cit~ Clerk (SEAL) ORDINANCE NO.46 of 2004 AN ORDINANCE CREATING A PUBLIC UTILI- TY COMMISSION THE CITY OF BENTON, ARKANSAS FOR THE PURPOSE. OF RAT- ING AND CONTROLLING THE ELECTRIC, WATER AND SEWER SYSTEM OWNED BY THE CITY;AND PRESCRIBING OTHER MATTERS RELATING THERETO. WHEREAS, the Cilyer Benton, Arkansas e(the "City") owns and operates grateelectric wafer and STATE OF ARKANSAS as � sewer nenecs as a smgle,mte aced undertaking County of Saline �, 'I ll,ctieelyy the"eystem-);and WHEREAS,�the City Council desires to provide low cost and reliable utilities to the citizens of the II M n G and I, ,/�nf/na L. I /1�.11�31 do solemnl swear EREAS,the City Council ilgl has determined the y long tfor ma)studies rcg mdh the City's al rt mol that I am Legal Advertising Clerk of The Benton Courier, y a nail newspaper nos npgmding of the System for future growth, yprinted in said county and that Lwas and(e)other utility related services as may bene- such at the date of publication hereinafter stated, and fit fire citizens of the City;endWHEREAS, the City Comfort of the City has de- that said newspaper had a bona fide circulation in such termined that the System can be most efficiently and economiallyeoperated under a commission's county at said dates,and hasba�e)(❑/regularly published in form of manage nt,and said county for 8 period Of gip_years next before WHEREAS,The Cay Council by resolution winl delineate certain matters, such as allocation of'. the date of the first publications of the advertisement employees,planning, financial reporting, person- hereto annexed, and that said adv rtisement was pub- net policies, assessment charges, provision of P services to the City and such of in matters as the lash d In said newspaper times for fiery Council may deem appm riste;and 4 WHEREAS,Title 14,Chapter p0L Subchapter 2 of I issue th ret it sertion therein having been the Arkansas Code Annotated (1998 Repl) (the made on -� ' end the "Authorizing legislation') p ovidca for.the for- mation of a commission for Poe pherswe of direct- last insertion an U:k_&I1_C4 ing,controlling, pr t ngg and �g gg the va- /1 sewer and electric oblides of a c ty f the first NOW THEREFORE,heO BH Benton,ORDAINED, Yhe' �'7--^— City I Til t,m C ry of Arkansas : Legal Ve ,kN/ Section 1-Th,t pinarmin re to A th izm�Leg- V is cosi,there is the e"yyublic Utility a Co issmn to lie des' namd Be to ,Arka sat" ( Commission Sworn 444444o a ppd s bde abed before me on �.�, of the miry of Benton, Arkansas' (the "commis �1 n�V�� Sectio. menoa z-he Ain ozing I gi,•nn the re,nir� mems of the Authorizing ng Leg slatioq the�om- V mention shall initially iha be composed of five.rani- dents of the City having the following terms; Notd)y Public Charles Mles Best,whose term well expire 12-31, 2005,Charles Best, whose term will expire 1231, My COm@i@�a{hg Tres 2006,Rita Edwards,whose tum will expire 12-31, ,-j 4O�n i,.r 12 3 Lamont Cornwell,11, whosewhom, ho will expire 12p31 2008 d J Martin, h t in will �GGtAM FEE PC-= All thire e ('fly. Su2009, hall tall tin n resident,e $ f the C'ty Successor so commissioners hall be. )' nominated by the C - d b tt 1 m o s. at of Proof $ to City Councilratificationa s n lion by a n r ty t of all members of the City C l�or t off e(`7 ea All rtes by death,resignation n ab city t shall be RCCCn�Q{ry8llltQ�yw . fled by theme procedurei r - #�y missiopers. THE BENTON COURIER To addition to the five emmm ,iourns,the Mayor B end one ilde ma to be appointed by the City y Council from time to time shh all serve an ex-officio embers of the Commission with no voting ihorityEx-officio members shall not count lu de- 1 on temquorum for a quoru £mrmeetinga of the Commis- mtL In the event that any members of the Commission shall carattlaripth s owerexercisea the ppower of the Com- harmf n-or hes power as n r, the City Co in a harmful t unlawful t co manner, the City and if it shall have e har right fm conduct a hearing omi dud R h finds the charges to two-thirds -thi it may to such mmmissiof by i two-thirds he v vote of the embers of the City Council.The vacancy shall be filled by the same procedure for successor commie9ioners. Section 3.That the Commission is hereby granted full power to manage,operate,control,supewise, imp extend,.maintain and con[ratt,L grm- ing the System subject to the Authorizing Legida- tion and certain conditions set from Hme b-time bthe Cay C il rhon 4 That the Croussi.,ish rebC'gnted -fel}pa..euj iptoq or aemovea yd'al'aasrs'- to is and ca playyers and to8 regulate,ae 1,pay a alarie blect to the Authorizing Legisla rection 1avenues of g System a,the and commission maki isg the non and certain conditions set from time to time b the Bond the by the Cib,Council- de sits and payments factional. y Or- Section 5-That,subject to the Authorizing Legisla- dlnances, there shall be no charge to propetltes tion and certain conditions set from hoe to tlme caned b the Cttv for services of the System.Oth- b e th City C '1 the Con empow- n - e the C mm s on hall not pmv'd any , 1 1 yi construct and eq p y and all "weh red c d barge r donated seervice icm to t o n- facilities, consisting first property,personal ti or shfiit donateany p[itse property or mixed property of any and every off labor or funds without the""press approval k d which am necessary or useful as apact of or of to,city Council. at connection with the System. Section 14. That the Commission and the City Section 6. That the Ci .Council shall continue to a enter into agreements to vovide noo-ulhty a prove bonds Tor the System. The Commission related sefvices m.each utheir and shall charge Move have the power to issue bonds Howev- each the,the cast of such services. Section 15.That in the event the City Council re the Commission shall from Niue ci Norge make -should choose to dissolve the Commission,it eommeud to [ the Cas Council e azding the need fop bond t be 3sued.The Cly Council h 11 eq ire a two thuds(2/3)m 1in ltv of the.1 to- shall not approve the .uan' f b rids for the al me bership of the Cay Coun to pass an an Syystem without fist seeking thea advice of the resol k totl l f est Co mEdion h ch ala ice shgl l b bindinK. 5 ct oc 16-That tl e p sons of Ca O d nen Section Z That d member,of the C omission hr e o precision e sc . able rvd'f all tion,p shall serve Th t c t oti,Tn the event _ ppe dedamd v Gd, such d de t ov shall) v membe f the Commission s any ex- nflat t th validity of the remamde of n �! p .e in the p fomnnce of hs d Hes as a con- d'Console . cameq such xpense may b allowed by lire S bon 17.That this Ordinance hall nob tak id,,, Commission a part of the cost of the operation t t until f rlevary L 200" and paid out of the revenues of the System. PASSED.Dare 13,2004 Section 8.That the Commission shall report to the APPROVP.D-Rick Holland MayoS� City Council on each calendar Gusher of the year A'I lcfir.Gndy Shacener on the state of dp"Items and Randal affairs of the Commission and the System. Section 9.That st if,,end of each fiscal year,the e Commission shall cause an audit to bemade of the financial affairs of the Commission bya certi- fied public aeeowtavt.Five(5)copies of such fe- part shall be retained in the office of the Commis aloq and there shill be made available a copy to the Mayor of the City and the Cit,Council. Section 10Thatthe Commission shall adopt such noes and regulations is it deems necessary and proper for the operation,supervision,control and management of the System.*The Commission isl hereby empowered to change the fules and prim, lotions et my time the Commission desires to do Section I t That the Commissipn shall manage,' operate, control and u ervi§e the System and handle,in compliance collect with I ordinance author pf the System is anding bonwith tII ordinances lefo - is store outstanding thuds of the City payable from System revenues(the"system Banda")and all or- dinances Incorporated therein by reference (the "Bond Ordinances"). Section 12.5'hat the City Council shall continue to be empervered to set and approve the rates for the System, I;he Commission shell not Have rate- nuking nuthmity. however, the Commission shall from time to time make recommendations to the City Council as to rate adjustments. Except rate increases necessary to comply with the re- quirements of the Bond Ordinances, the City C under will not revise rates without first seeksg the advice of the Commission,which advice shall be nonbinding: ORDINANCE NO. 76 OF 2021 AN ORDINANCE ADOPTING AN AMENDMENT TO BENTON UTILITIES EMPLOYEE PENSION PLAN AND TRUST; AND FOR OTHER PURPOSES WHEREAS, pursuant to ordinance and the current plan documents, the City Council of the City of Benton, Arkansas, has the sole and exclusive authority to consider and adopt all proposed amendments to the Benton Utilities Employee Pension Plan ("Utilities Plan"); WHEREAS, since the City Council established the Public Utility Commission "to manage and operate" the Utilities Department, there has been a mutual effort to sever the administrative and personnel ties between the two entities; WHEREAS, before the adoption of Resolution No. 67 of 2019, which amended the Utilities Plan documents to allow for the creation of an "Administrative Committee" made up of utility department personnel and a Utility Commission Representative to provide management of the Utilities Plan, the Public Utility Commission, did not have authority and/or oversight for the administration and operation of the Utilities Plan; WHEREAS, the Administrative Committee of the Utilities Plan has determined after several meetings with the Plan's Actuary and Investment Counselors that the Utilities Plan's interest would best be served if all Utilities Plan amendments were considered and adopted by the Public Utility Commission; and WHEREAS, Ordinance No. 46 of 2004, Section 3, which created the Public Utility Commission, states that "the Commission is hereby granted full power to manage, operate, control, supervise, improve, extend, maintain and contract concerning the system" of which the employee pension plan is a part. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BENTON,ARKANSAS: SECTION 1: The Benton Utilities Employee Pension Plan is hereby adopted as follows: Article 9, Section 9.01 "Right of Employer to Amend Plan" "The City of Benton Public Utilities Commission as the employer shall have the right to amend the Plan pursuant to recommendations of the Plan's Administrative Committee." SECTION 2: At any time in the future if the Benton Public Utility Commission ceases to exist, the management and oversight of the Utilities Plan shall become the responsibility of the City of Benton. SECTION 3: All ordinances and resolutions containing provisions that conflict with this ordinance shall be deemed null and void. PASSED AND APPROVED this the o day of November, 2021. Tom Farmer, Mayor Cindy St acener, City Clerk OVERBEY,STRIGEL,BOYD&WESTBROOK,PLC ATTORNEYS AT LAW THOMAS L.OVERBEY SEARCY BUILDING,SUITE 310 NORTHWEST OFFICE FELLOW,_ME AMERICANCOLLEGEOF 10809 EXECUTIVE CENTER DRIVE TRUST&ESTATE COUNSEL 2l1 NORTH BLACK AVENUE MELANIE J.STRIGEL LITTLE ROCK,ARKANSAS 72211-6022 FAYEITEVILLE, ARKANSAS 72701 (479)442-3554 CRAIG WESTBROOK LAURIE M.BOYD FACSIMILE(501)219-2993 TELEPHONE(501)664-8105 EMAIL CWESTBROOK(-ARTAXLAW.COM W W W.ARTAXLAW.COM DIRECT LINE(501)492-7080 November 17, 2021 PROPOSED 401(A)DEFINED CONTRIBUTION AND 457(b)PLAN This memo describes provisions of a proposed 401(a) defined contribution and 457(b) plan for Benton Utilities. Under federal and state tax law, employee contributions to a governmental 401(a) plan are only before-tax if they are required as a condition of employment. A governmental entity may not maintain a 401(k) plan. A governmental entity may maintain a 457(b) plan, which is similar to a 401(x) plan. This is why two plans are being proposed. Plan features would be as follows: 1) Eligibility. All full time employees hired after 1-1-2022 would be eligible to participate in the 401(a) Defined Contribution plan and would not be eligible to participate in the existing defined benefit plan. A full time employee would have the same definition as the current plan. Full time employees would enter the Defined Contribution plan on their hire date. All full time employees (regardless of hire date)would be eligible to participate in the 457(b)plan. 2) Employee Contributions to 401(a) plan and 457(b) plan. Employees eligible for the 401(a) Defined Contribution Eligible employees would be required, as a condition of employment, to make required employee contributions of 2% of Compensation. These required employee contributions are before-income tax,but are subject to FICA/Medicare tax.No additional employee contributions would be made to the 401(a) Defined Contribution plan. All full-time employees would be eligible to make before-tax or Roth contributions to the 457(b) plan. Only employees in the DC plan would have employer matching contributions. An employee would be able to start or change the employee's 457(b) contributions at any time. The maximum 457(b) contribution is current $19,500 per year, or $26,000 for an employee who attains age 50+by the beginning of the year. The employer could,but is not required,to auto enroll employees in the 457(b) plan. Except for Roth 457(b) contributions discussed below, employee contributions to the 457(b)plan are not subject to income tax,but are subject to FICA/Medicare tax. 3) Roth 457(b) Feature. The 457(b) plan can permit participants to make Roth 457(b) contributions. Roth 457(b) contributions are currently after-tax, unlike regular salary deferral contributions to the 457(b) plan which are before tax. However, assuming that the employee withdraws the funds from the Roth 457(b) account after age 59 1/2 and after 5 years from the first Roth 457(b) contribution, distributions from the Roth 457(b) account (including earnings) are not subject to income tax. Roth 457(b)contributions do not increase the total amount which can be contributed by an employee. The election to make Roth 457(b) contributions must be made before the amounts are deducted from the employee's paycheck. 4) Employer Contributions. The employer contribution on behalf of DC participants would be made to the 401(a) Defined Contribution Plan. The contribution would be 5%of compensation,plus a matching contribution of 100% of contributions made by the employee to the 457(b) plan, up to an additional 5%, with the maximum employer contributions being a total of 10%.No matching contribution