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SR-510-006 (2) . 5/0- 006 . 9-A- NOV 9 1982 CA:RMM:r City Council Meeting 11-9-82 Santa Monica, Californla STAFF REPORT TO: r1ayor and City Councll FROM: City Attorney SUBJECT: Ordinance Establishing r1unicipal Solar Utility At its meeting on October 12, 1982, the City Council directed the Clty Attorney to prepare an ordinance establishing a ~unicipal Solar Utility. In response to this direction, the accompanying ordinance has been prepared. The orcinance adds Section 2203 to the Municipal Coce. Section 2203 creates as a dlvision withln the Department of General Services a nunicipal Solar Utllity. The powers of the r1unicipal Solar Utllity are set forth within the ordinance. The specifics of progra~s of the Munlcipal Solar Utility can he adopted by resolution in the future. RECOM~1ENDATION It lS respectfully reCOMMended that the acco~panying ordinance be intronucen for flrst reading. PREPARED BY: Robert M. Hyers, City Attorney ?-A NOV 9 1982 . . CA: rom: r City Council Meeting 11-9-82 Santa Monlca, California ORDINANCE NmmER (City Council Series) ~~ ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 2203 TO THE SANTA MONICA MUNICIPAL CODE ESTABLISHI~G A MUNICIPAL SOLAR UTILITY WHEREAS, the appllcation of solar energy systems and the efficient use of conventional energy sources in homes, buslnesses, and lndustrles in the City will reduce utility bllls for residents, stimulate the local economy, create private sector jobs, reduce air pollution, and mltigate the potential adverse effects of future fuel shortages; and WHEREAS, the Clty desires to promote the use of solar energy systerns anrl energy efficiency measures; and WHEREAS, barriers to the increased use of solar energy systems lnclu~e high initial cost and consumer uncertainty; and ~vHEREAS , a solar energy system leaslng program utilizing private lessors and conSUMer protection procedures can reduce those barriers; and WHEREAS, the Clty desires to facillte the leasing of solar energy systeMS and to asslst in the prevention of fraudulent leasehOld-marketing practlces; and WHEREAS I the Revenue and Taxation Code provldes that tax credits are available for solar energy systems leased frOM a 1 . . Code this wunicipal solar utllity or from a lessor granted a permit from a municipal solar utllity provloen the Municlpal solar utility was createo by ordinance by January 1, 1983; and ~lliEREAS, the City deslres to establish a Municipal Solar Utility to effectuate the purposes of this ordinance, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Section 2203 is added to the Santa Monica Municipal Code to read as follows: There is hereby created as a nivision of the General Services Department a Municipal Solar Utility. The Municipal Solar Utillty shall ~evelop and implement a solar leasing program which shall be aoopted and froM time to time aMendeo by resolution of the City Council. SECTION 2. Any provlsion of the Santa Monica Municipal or appendices thereto inconsistent with the provisions of ordinance, to the extent of such inconsistencies and no further, are hereby repealed or rnodifled to that extent necessary to affect the provisions of this ordinance. SECTION 3. If any section, subsection, sentence, clause, or phrase of this ordinance 1S for any reason held to be invalid or unconstitutional by a decision of any court of any competent JuriSdiction, such aecision shall not affect the validlty of the reMaining portlons of the ordlnance. The City Council hereby 2 . . declares that 1t would have passed this ordinance and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of th1S ordinance. This City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. The ordinance s~all beco~e effective after 30 days from its adoption. APPROVED AS TO FORtI: ~ ~'cr._n Robert ~1. ~1yers City Attorney 3