SR-510-006 (2)
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5/0- 006
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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
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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
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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
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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:
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Robert ~1. ~1yers
City Attorney
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