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HomeMy WebLinkAbout03-012 CC ResolutionRESOLUTION NO. 03-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA AUTHORIZING THE CREATION AND OPERATION OF A MUNICIPALLY OWNED UTILITY FOR THE PURPOSE OF PROVIDING VARIOUS UTILITY SERVICES, AND AUTHORIZING THE TAKING OF CERTAIN OTHER ACTION IN CONNECTION THEREWITH WHEREAS, the City of Temecula (the "City"), a municipal corporation, is authorized pursuant to Article XI, Section 9(a) of the California Constitution and the laws of the State of California, to establish, purchase and operate public works to furnish its inhabitants with light, water, power, heat, storm drainage, transportation, or means of communication; and WHEREAS, the City is experiencing significant growth; and WHEREAS, the City desires to ensure that its citizens are provided with utilities that meet the current and future needs of the community, that utilize advanced technology, that provide utility services at rates and charges that are fair and reasonable, that provide high quality customer service, that provide alternatives to existing providers of utility services and that protect the health, safety, and welfare of its citizens; and WHEREAS, the City has studied, reviewed and analyzed the current status of deregulation of communications systems and electric and natural gas utilities in the State of California; and WHEREAS, the City desires to be prepared to own and operate municipally-owned natural gas, electric, cable television, telephone and telecommunications utility system, where appropriate; and WHEREAS, the City has consulted with various experts to identify the prospective benefits of establishing a municipally owned utility; and WHEREAS, as a result of deregulation of the communications and electric and natural gas utility industries in California, the City has identified numerous potential benefits that would derive from providing a municipally owned utility, including but not limited to additional revenues for community improvements, the ability to offer competitive rates to citizens and businesses for utility services and high speed communications capability for residential, business and governmental use that support variable bandwidth and seamless communication, community wide; and WHEREAS, the City Council has found and determined that the creation of a municipally-owned utility could significantly enhance the quality of life and provide significant benefits to the citizens and businesses of the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula as follows: R:/Resos 2003/Resos 03-12 1 Section 1. The City of Temecula does hereby establish a municipally owned electric, natural gas, cable television, telephone and telecommunications utility in the City of Temecula. Section 2. The City Manager or his designee is hereby authorized to take all necessary steps to create and establish a municipally owned utility (the "Municipal Utility") with powers to provide various utility services, including, without limitation, electric, natural gas, storm drainage, cable television, telephone and telecommunications, to be determined from time to time by the City Council, to the residents and businesses of the City. The City Manager or his designee is further authorized to take all necessary actions to provide for the operation and maintenance of the municipal utility including but not limited to, determining the level of additional staffing required, if any, identifying outsourcing needs, negotiating agreements with consultants, special counsel, underwriter(s) and/or financial advisors in connection with regulatory, legal or financial matters for approval by the City Council. Section 3. The Mayor (or in the Mayor's absence, the Mayor Pro Tem), the City Manager, or their designee are hereby authorized to execute and deliver any and all documents and instruments and to do and cause to be done any and all acts and things necessary or proper for carrying out the transactions contemplated by this Resolution. Section 4. The City Clerk shall certify to the adoption of this Resolution which shall be in full force and effect immediately upon adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 28th day of January, 2003. R:/Resos 2003/Resos 03-12 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 03-12 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 28th day of January, 2003, by the following vote: AYES: 5 COUNCILMEMBERS: Comerchero, Naggar, Pratt, Roberts, Stone NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None ity Clerk R:/Resos 2003/Resos 03-12 3