HomeMy WebLinkAboutORD 1048ORDINANCE NO. 1048
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, 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 Palm Desert (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 natural gas, electric, cable television, telephone, and telecommunications
utility systems, where appropriate; 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 has consulted with 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 it 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 ORDAINED by the City Council of the City of
Palm Desert, California, as follows:
Section 1. The City of Palm Desert does hereby establish a municipally owned
electric, natural gas, cable television, telephone, and telecommunications utility in the City
of Palm Desert.
ORDINANCE NO. 1048
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 Ordinance.
Section 4. The City Clerk shall certify to the passage and adoption of this
Ordinance and shall cause the same to be published once in the Desert Sun, a newspaper
of general circulation, printed and published within the County of Riverside, and circulated
within said City, and shall be in full force and effect thirty (30) days after its adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Palm Desert, California, at its regular meeting held this 22na day of _ may -
2003, by the following vote, to wit:
AYES: CRITES, FERGUSON, KELLY, SPIEGEL, BENSON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE NN
ATTEST:
S5
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
. BENSON, MAYOR
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ORDINANCE NO. 1048
STATE OF CALIFORNIA }
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COUNTY OF RIVERSIDE } ss.
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CITY OF PALM DESERT }
I, Rachelle D. Klassen, City Clerk of the City of Palm Desert, California, do hereby certify
that Ordinance No. 1048 was duly and regularly adopted by the City Council of the City of
Palm Desert at a regular meeting thereof held on the 22nd day of May 2003,
by the following vote:
AYES: CRITES, FF.RGUSON, KELLY, SPIEGEL, BENSON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
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