§ 86-157. Creation of broadband utility commission.

(a)

Jurisdiction. The broadband utility commission shall have jurisdiction over the broadband utility, except as elsewhere provided in this Code.

(b)

Membership. The broadband utility commission shall consist of three trustees of the village board and two citizens, appointed by the village president subject to confirmation of the village board, for terms of five years, commencing on October 1, in the year of the appointment, provided the village president shall stagger the initial appointments so that upon expiration of such appointments, one member shall be appointed annually for a term of five years. A vacancy shall be created in the office occupied by a member of the village board when the person ceases to be a member of the board.

(c)

Eligibility. No person shall be eligible for membership on the commission who sells supplies and materials directly to the commission or for use by the broadband municipal utility.

(d)

Organization. The commission shall organize by choosing from among its members a president and secretary.

(e)

Compensation. Commission members shall receive such compensation as shall be agreed upon by the commission and the village board.

(f)

Powers.

(1)

Employees. The commission may employ a manager of broadband utilities and may fix his or her compensation. The commission may employ other necessary employees and fix their compensation.

(2)

Rules. The commission may make all necessary rules governing its own proceedings and the governance of the broadband utility.

(3)

Construction work. Broadband utility construction work shall be under the immediate supervision of the commission. The commission shall have full authority to let bids and enter into contracts in the name of the village, provided that such contracts are necessary or convenient to the management and operation of the broadband utility under the commission's jurisdiction.

(4)

Other powers. The commission shall have such other powers as are necessary or convenient to the management and operation of the broadband utility, and the village intends that the commission shall have full authority respecting such utilities unless the authority is specifically withheld by statutes provided, however, that the annual budget for the commission shall be subject to approval by the village board of trustees.

(g)

Utility funds and accounts. Broadband utility funds shall be handled by the village treasurer in a separate account. The funds of the water, sewer, and broadband utilities shall be maintained in separate accounts. No funds shall be transferred to the village treasurer except in accordance with Wis. Stats. § 66.0809.

(h)

Recordings and proceedings.

(1)

The commission shall keep books of account as may be prescribed by the public service commission of the state, which shall be public records.

(2)

The secretary shall keep the minutes of the previous proceedings of the commission and shall report semi-annually to the board giving a brief summary of the condition of the broadband utility and the manner in which funds are allocated. The secretary shall provide members of the board with copies of the minutes of the broadband utility commission on a monthly basis.

(i)

Expenditures and receipts. Expenditures of the broadband utility under the jurisdiction of the broadband utility commission shall be audited by the commission and if approved shall be paid by the treasurer upon warrants signed by the president and secretary of the commission. Receipts of the broadband utility placed under the jurisdiction of the broadband utility commission shall be paid to the village treasurer.

(j)

Facsimile signatures. Checks issued on the broadband utility account may be signed by the facsimile signatures of the village president and president of the broadband utility commission.

(Ord. No. 690-04, 4-26-2004)