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Resolution No. 5946 '.. RESOLUTION NO. 5946 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON ESTABLISHING A GAS MUNICIPAL UTILITY DEPARTMENT WHEREAS, the City Council of the City of Vernon adopted Ordinance No. 607 on May 6, 1947, which gave to Southern California Gas Company (SoCalGas) a franchise to provide gas service to properties located within the City of Vernon; and WHEREAS, said franchise provided at Section 23, that it was a nonexclusive franchise; and WHEREAS, SoCalGas and the City of Vernon entered into a stipulation in Los Angeles Superior Court Case No. BC 018540, which provided that the City of Vernon may supply competing gas service to customers located within the City of Vernon; and WHEREAS, said stipulated judgment was approved by the Los Angeles Superior Court on April 16, 1991; and WHEREAS, on May 31, 1989, 19 businesses located within the City of Vernon petitioned the City Council of the city of Vernon to explore alternatives to SoCalGas natural gas service, including municipalizing the gas service to provide municipal gas service to these customers, a copy of said petition is attached hereto as Exhibit "A" and incorporated herein by this reference as though fully set forth at length; and WHEREAS, the City of Vernon has intervened in CPUC Docket No. A.91-03-039 (SoCalGas 1991 ACAP) a rate case filed by SoCalGas for the setting of transportation and gas rates pending before the California Public utilities commission; and 1/1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the City of Vernon hereby intends to establish a Gas Municipal Utility Department in order to provide gas utility services in the city of Vernon in competition with SoCalGas. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the city of Vernon hereby establishes the City of Vernon Gas Municipal utility Department and appoints the City Administrator/City Clerk to be the Chief Executive Officer of said Department. SECTION 3: The Gas Municipal Utility Department is hereby authorized to intervene before the California Public utilities commission to request that wholesale rate schedules be established so that the City of Vernon can take wholesale service from SoCalGas for resale to various customers within the City of Vernon. SECTION 4: The Chief Executive Officer of the Gas Municipal utility Department is authorized to pursue alternative gas supply options other than SOCalGas. SECTION 5: The Chief Executive Officer of the Gas Municipal Utility Department is authorized to assign tasks and duties relating to the gas department to other employees in other City departments. III -2- 1 SECTION 6: The City Clerk of the city of Vernon shall 2 certify to the passage of this resolution and thereupon and 3 thereafter the same shall be in full force and effect. 4 APPROVED AND ADOPTED this 20th day of June, 1991. 5 6 7 ATTEST: ~ rr~~ ~ BRUCE V. MALKENHORST, city Clerk 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- ~<,~;J, // ..' ~EONI S c. MAL RG, Ma or 1 STATE OF CALIFORNIA } }ss 2 COUNTY OF LOS ANGELES } 3 I, BRUCE V. MALKENHORST, City Clerk of the City of 4 Vernon, do hereby certify that the foregoing Resolution, being 5 Resolution No. 5946, was duly adopted by the City Council of the 6 City of Vernon at an adjourned regular meeting of the city 7 Council duly held on Thursday, June 20, 1991, and thereafter 8 duly signed by the Mayor of the City of Vernon. 9 10 11 ;4 BRUCE V. ~ MALKENHORST, City Clerk 12 (SEAL) 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4- EXHIBIT ' A Hay 31, 1989 Bruce Halkenhorst, City Administrator 4305 Santa re Avenue Vernon, CA 90058 SUBJBC~. BRBRGY ALTBRRA~IVBS - CI~Y or VBRHOR ------..-----....-----------.-..-.-- Dear Sir. The group of coapanies listed below represent a sizeable portion of the natural gas used in the City of Vernon. We all share a com.on concern over reasonable costs for our natural gas, especially if Ho. ~ Oil is banned as an alternate fuel. While natural gas is the preferred fuel, we are uneasy that reasonable transportation rates for natural gas will be offered by SoCal Gas if Ho. 6 Oil, the only cost effective alternative to natural gas is eliainated by the South Coast Air Quality Board. In soae cases, full transportation tariffs will put us at a disadvantage with our coapetitors. The potential of closing soae our opera- tions and aoving to a aore receptive area remains a real possibility. In order to preclude moving and, also entice new business, especially industry, we respectfully request the city undertake a feasibility study to explore alternatives to SoCal's natural gas service. This option could include a methanol plant, by-pass gas lines and the possibility of municipalization, putting the City of Vernon on a wholesale level similar to Long Beach Hatural Gas. As an industrial city with limited residents, municipalization may represent a unique opportunity which could be advantageous to both the city, and to industry. Additionally, as a municipality, the City of Vernon may also explore the possibility of combining efforts with the by-pass pipeline project currently under consid- eration by the Los Angeles Department of Water and Power. In any case, we request your assistance to explore energy alterna- tives that will assure industry remains in Vernon. Bruce Malkenhorst City Adainistrator Vernon, CA 90058 ---------..-.----- ~HUR ~ _ ~ Cameron A. Raether Manager of Purchasing J~~ Del C. Brooks Manager PA~ ZA~PR~~S I -~ Robert Lowney Plant Manager Production " . Page .2 Very truly yours, -... ~~\ Bruce Remz Plant Mana9~r ALUMINUM COMPANY OF AMERICA William Kvochak It/~~ ; BERN~Y-KARP L--~~.p V)d'~ ,:;J(c/i William G. Cox ( Controller , ///~ ~ /--1- ///~' ~ ;P~BR~RDRY CO. ,IRC , !.J A.AI ~ C---/ f .... ~Roland B. Meckel - General Managers i1~~G COHPARY William M. Gorman General Manager DARLING DELAWARE ~~~,('C4.::, Ben Dow General Manager . " Bruce Malkenhorst City Adainistrator Vernon, CA 90058 ------------------ F~::CK~~S - Brian Parker ~~~~ Fe1 ix Teshinsky . . Page 13 ORS PEERLESS PUMP CCI Mayor Leonis Malburg David Brearley, City Attorney CAR I j 9 ~OO~ George Plant GNB INC. .........--,-. ./, (1' ~ Tom Canter