[bouldercouncilhotline] Hotline: Unincorporated county representation on potential municipal utility board

[cmosupport at bouldercolorado.gov]

Sender: Jones, Suzanne

Dear Colleagues--




In response to the feedback we have received from a number of individuals that live outside Boulder City limits but which would likely be included in the proposed service area for a potential Boulder municipal
 utility, I recommend that we consider explicitly designating one of the seats on the potential Boulder Light and Power Utility board for a residential or commercial property owner from within unincorporated Boulder County.  My understanding is that those residing
 outside the city limits would represent roughly 9% of a potential Boulder municipal utility's customer base, so it would be appropriate to ensure that at least one board member of the nine is drawn from that population.  Article XIII (see relevant sections
 below) outlining the requirements of a Boulder Light and Power Utility already envisions that as many as four of the nine members on the board could be non-City residents, so it seems fitting to me to specify that a minimum of one board member would be specifically
 chosen so as to represent the issues and perspectives of utility ratepayers living in unincorporated Boulder County. Such a requirement would give life to the argument that a municipal utility would by design be more responsive than an investor-owned utility
 to the input, desires, and needs of its ratepayers. And I would hope that such a requirement would be well-received by County residents who did not have the opportunity to vote on their utility options. 




I will plan to raise this issue in our upcoming deliberations on Boulder's Energy Future and look forward to your feedback on this idea.

Cheers,

Suzanne






ARTICLE XIII. LIGHT AND POWER UTILITY





Sec. 185. Creation of the electric utilities board.

(a) Board Created: There shall be an electric utilities board consisting of nine members not all of the same gender. The members of the board shall not hold any other office in the city, and shall serve without pay.

(b) Board Qualifications: Board members shall be selected from the registered electors of the city or from the owners or employees of a business or governmental entity that is a customer of the electric utility, provided, however, that a majority of the board
 shall be registered electors of the city. Board members shall be well known for their ability, probity, public spirit, and particular fitness to serve on the electric utilities board. At least three board members shall be owners or employees of a business
 or governmental entity that is a customer of the electric utility.

(c) Board Appointments: The city council shall appoint members of the board.

(d) Terms of Office: The term of each member shall be five years; provided, however, that in appointing the original members of the board, the city council and city manager shall continue the terms of the current members or shall stagger the initial terms so
 that at least one board member’s term expires in each year.

(e) Removal: The city council may remove any board member for cause.

(f) Vacancies: In the event that a board member’s term ends by resignation, vacation of seat or removal from service on the board, the board member shall be replaced by the city council.

(g) Creation of Electric Utilities Board: The electric utilities board shall be created at the time of the creation of the electric utility enterprise. Until such time as the board is created, the city council shall be responsible for fulfilling the responsibilities
 of the electric utilities board. (Added by Ord. No. 7804 (2011), § 2, adopted by electorate on November 1, 2011.)




 . . .





Sec. 187. Functions of the board.

The electric utilities board shall not perform any administrative functions unless expressly provided in this charter. The duties and functions of the electric utilities board shall be: (a) Advice. To advise the city council on policy matters pertaining to
 the municipal electric and utility systems, including without limitation such policies as the board determines are necessaryATTACHMENT B

or prudent to carry out its fiduciary duties and the requirement of the charter.

(b) Sounding Board. To act as a sounding board to the city council, city manager, and the electric utility director for the purpose of identifying the ratepayers' service delivery expectations.

(c) Rulemaking. To adopt rules and regulations with respect to any matter within its jurisdiction as it may be permitted by the council.

(d) Meeting Rules. To adopt bylaws governing its meeting and agenda procedures and other pertinent matters.

(e) Budget and Appropriations. To review and make recommendations to the city council on the city manager’s proposed budget and appropriation as it relates to the utility. (f) Revenue Bonds. To review and make recommendations to the city council concerning
 the issuance of revenue bonds or other obligations payable from revenues of the electric utilities enterprise.

(g) Other Recommendations. To review and make recommendations on any other matter relating to the electric utilities program, and may request and obtain from the electric utilities department and the city manager information relating thereto. (h) Other Duties.
 To perform such other duties and functions and have such other powers as may be provided by ordinance. (Added by Ord. No. 7804 (2011), § 2, adopted by electorate on November 1, 2011.)