HomeMy WebLinkAboutOrdinance No. 98-O14ORDINANCE NO. 98-014
AN ORDINANCE OF THE CITY OF AZUSA, CALIFORNIA,
AMENDING ARTICLE IV OF CHAPTER 2 OF THE AZUSA
MUNICIPAL CODE BY ADDING A NEW SECTION
CONCERNING THE ENFORCEABILITY OF CITY CONTRACTS
NEGOTIATED AND EXECUTED BY THE MAYOR AND CITY
COUNCIL DESIGNEES
WHEREAS, the Utility Director of the City of Azusa ("Utility Director") must first
receive direction from the City Council of the City of Azusa before entering into negotiations for
power purchase agreements on behalf of the City; and
WHEREAS, the City Manager of the City of Azusa does not currently have
authorization to execute any power purchase agreements on behalf of the City without City Council
approval; and
WHEREAS, in accordance with California Government Code Section 40602, the
Mayor shall execute all Contracts made or entered into by the City, unless another City officer or
employee is otherwise authorized to execute such agreement pursuant to an ordinance adopted by
the City Council; and
WHEREAS, the City Council has determined that due to the restructuring of the
electric industry in California the Utility Director must have discretion to enter into power purchase
contracts and agreements and make purchasing decisions on a daily or weekly basis; and
WHEREAS, the City Council has determined that the City Manager shall be
authorized to execute all such power purchase contracts and agreements on behalf of the City.
THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS FOLLOWS:
SECTION 1. A new section 2-296 of the Azusa Municipal Code is hereby added to
Article IV of Chapter 2 to read as follows:
"Sec. 2-296. Utility Department —agreements negotiated by the Utility Director and
executed by the City Manager.
(a) The Utility Director of the City is authorized to. negotiate on behalf of the City
agreements with privately owned, federally owned, state owned, and locally owned utilities and
agencies located in the United States for the purchase and sale of economy energy, replacement
energy, replacement capacity and transmission service to deliver such energy to the City or such other
location as may be appropriate.
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(b) The City Manager of the City is authorized to execute on behalf of the City
agreements negotiated by the Utility Director pursuant to subsection (a) of this Section.
(c) All agreements executed pursuant to subsection (b) of this Section shall be presented
to the City Council within fourteen (14) days after the Agreement is executed.
SECTION 2. This Ordinance shall be in full force and effect thirty (30) days after its
passage.
SECTION 3 • A summary of this Ordinance shall be published in the manner required
by law. �-
PASSED, APPROVED AND
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day of October , 1998.
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I, Adolph Solis, City Clerk of the City of Azusa, do hereby certify that the foregoing
Ordinance No. 98-o14 was duly introduced and placed upon its first reading at a regular
meeting of the City Council on the 21st day of_ September , 1998, and that thereafter,
said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 5th
day of October 1998, by the following vote, to wit:
AYES: COUNCILMEMBERS: HARDISON, STANFORD, ROCHA, BEEBE, MADRID
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
APPROVED AS TO FORM:
City AttorrW
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