City of Madison - File #: 06836

• File #: 06836
• Version: 2
• Name: restructure Board of Water Commissioners
• Type: Ordinance
• Status: Passed
• File created: 6/26/2007
• In control: WATER UTILITY BOARD
• On agenda: 8/7/2007
• Final action: 8/7/2007
• Enactment date: 8/23/2007
• Enactment #: ORD-07-00099
• Title: AMENDED - Amending Sections 13.01, 13.02, and 13.03 of the Madison General Ordinances to restructure the Board of Water Commissioners in compliance with state statutes and to add two additional voting members.
• Sponsors: David J. Cieslewicz, Satya V. Rhodes-Conway

Date	Ver.	Action By	Action	Result
8/9/2007	2	Attorney's Office/Approval Group	Approved As To Form
8/7/2007	2	COMMON COUNCIL	Adopt With Amendment(s)	Pass
7/10/2007	1	WATER UTILITY BOARD	RECOMMEND TO COUNCIL TO RE-REFER - REPORT OF OFFICER
7/3/2007	1	COMMON COUNCIL	Refer
7/3/2007	1	WATER UTILITY BOARD	Refer
6/27/2007	1	Finance Dept/Approval Group	Approved Fiscal Note By The Comptroller's Office
6/27/2007	1	Attorney's Office	Referred for Introduction
6/26/2007	1	Attorney's Office/Approval Group	Approved As To Form
6/26/2007	1	Attorney's Office	Fiscal Note Required / Approval

Fiscal Note
No appropriation required.
Title
AMENDED - Amending Sections 13.01, 13.02, and 13.03 of the Madison General Ordinances to restructure the Board of Water Commissioners in compliance with state statutes and to add two additional voting members.
Body
DRAFTER'S ANALYSIS: The City's existing ordinances governing the Water Utility, specifically the Board of Commissioners and the General Manager, are in conflict with state law on some issues. Sec. 66.0805 (1)-(5), Wis. Stats., requires that a utility commission established under it have certain powers. The City's ordinance creates something akin to the "hybrid" commission that was found improper by the Wisconsin Supreme Court in Schroeder v. City of Clintonville, 90 Wis. 2d 457 (1979).

However, sec. 66.0805(6), Wis. Stats., allows the City to opt out of the other requirements of sec. 66.0805, and establish government of the utility in another manner. This ordinance makes that election to opt out, and reconstitutes the Water Board with the shared governance with the Mayor and Common Council that appears to be the intent of the current ordinance.

This ordinance also increases the size of the Board from 6 to 8 members, including the Public Health Director as a non- voting member of the Board. A more detailed memo from the City Attorney is included as an attachment.
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The Common Council of the City of Madison do hereby ordain as follows:

1. Section 13.01 entitled "Board of Water Commissioners" of the Madison General Ordinances is amended to read as follows:

"13.01 WATER UTILITY BOARD OF WATER COMMISSIONERS.
(1) Election. The City of Madison hereby elects, pursuant to sec. 66.0805(6), Wis. Stats., to provide for the operation of the Madison Water Utility by a board of officers other than the commission provided for in sec. 66.0805(1)-(3), Wis. Stats. In establishing this Board, the City also relies ...