City of Abbotsford - Water & Sewer Commission Establishment and Delegation Bylaw, 2005

Bylaw No. 1488-2005

Water & Sewer Commission Establishment and Delegation Bylaw, 2005

Consolidated and printed by authority of the Corporate Officer under section 139 of the Community Charter. Includes amendment bylaws 1499-2005 and 2149-2012 . Last amended June 11, 2012

Contents
		1 Citation
		2 Definitions
		3 Establishment of Commission
		4 Purposes
		5 Delegation
		6 Remuneration
Schedule "A"

WHEREAS the City of Abbotsford and the District of Mission jointly acquired the assets, liabilities and equities of the Fraser Valley Regional District's existing sewer and water systems;

AND WHEREAS the City and the District will jointly operate those systems and manage certain property and licences for that purpose through a joint commission;

AND WHEREAS each municipality must appoint a Water and Sewer Commission consisting of three members who together with the Commissioners of the other municipality will operate as a joint Water and Sewer Commission;

The Council of the City of Abbotsford, in open meeting assembled, ENACTS AS FOLLOWS:

Citation

1 Bylaw No. 1488-2005 may be cited as "Water and Sewer Commission Establishment and Delegation Bylaw, 2005".

Definitions

2 Schedule "A" contains definitions of terms used in this Bylaw.

Establishment of Commission

3 (1) The Council hereby establishes a Water and Sewer Commission consisting of three commissioners who may be appointed by resolution of the Council.

(2) The Council may in its sole discretion by resolution rescind the appointment of a commissioner at any time, provided a new commissioner is immediately appointed to the vacancy.

Purposes

4 The authority and purposes of the Water and Sewer Commission are:

(a) to regularly meet with the Water and Sewer Commission of the District as a joint commission;

(b) to jointly administer the Systems, property and licences held in relation thereto;

(c) to jointly undertake all responsibility and decisions as are set out in 'Schedule "A" – Roles and Responsibilities Matrix' of the Governance Agreement;

(d) with the assistance of the Utility Management Committee, to manage and oversee the Operating Agreement, as necessary pursuant to this Bylaw; and

(e) having regard to the most recent version of Roberts Rules of Order, to jointly determine procedures, rules and formats for the conduct of meetings, voting, appointment of chairpersons and reporting to the Councils of the City and the District.

Delegation

5 The Council hereby delegates to the Water and Sewer Commission its powers, duties and functions to administer the Systems, subject to the following exclusions, limitations and reservations:

(a) the exclusions, limitations and reservations of the Governance and Operating Agreements, including without limitation, 'Schedule "A" – Roles and Responsibilities Matrix';

(b) the limitations imposed by the Community Charter, S.B.C. 2003, c. 26, section 154;

(d) excluding the authority to hire, suspend or terminate any officer or employee of the City or the District or the Operator of the Systems as defined in the Operating Agreement; and

(e) excluding the authority to dispose of any real property.

Remuneration

6 The Members of the Water and Sewer Commission shall serve without remuneration.

B/L 1499-2005, 2149-2012

This Bylaw shall come into force and be of full effect and be binding on all persons from the date of its adoption.

READ A FIRST TIME on July 25, 2005 READ A SECOND TIME on July 25, 2005 READ A THIRD TIME on July 25, 2005 ADOPTED on August 8, 2005

Schedule "A"

Definitions

In this Bylaw, unless the context otherwise requires:

"City "means the City of Abbotsford;

"District" means the District of Mission;

"Governance Agreement" means the Ownership and Governance Agreement made between the City and the District, dated for reference June 30, 2005;

"Utility Management Committee" means the Utility Management Committee defined in the Governance Agreement;

"Operating Agreement" means the Operation and Maintenance Agreement made between the City, the District and the City as Operator, dated for reference June 30, 2005;

"Systems" means the sewer and water treatment facilities transferred by the Fraser Valley Regional District to the City and District, and includes subsequent alterations and additions.