HomeMy WebLinkAboutCC RES 80-31RESOLUTION NO. 80 -31
2 A'RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, APPROVING PURCHASE OF THE TUSTIN WATER
3 WORKS AND DECLARING COUNCIL POLICY ON WATER
OPERATIONS.
4
5 WHEREAS, the staff of the City of Tustin has negotiated with the Tustin
6 Water Works and has arrived at a form of proposed agreement between the City of
7 Tustin and the Tustin Water Works, containing terms and conditions for the
8 acquisition of the Tustin Water Works by the City of Tustin; and
9 WHEREAS, Tustin Water Works and its shareholders have executed the
10 proposed agreement; and
11 WHEREAS, the City Council has set, noticed and held a public hearing on
12 the public interest and benefit in the acquisition of the Tustin Works on the
13 negotiated terms and conditions; and
14 NOW, THEREFORE, the City Council of the City of Tustin, California,
15 hereby resolves as follows:
16 1. The City Council finds and determines that the acquisition of the
17 Tustin Water Works by the City of Tustin can be accomplished with
18 revenues derived from presently existing rate structure, of the
19 Tustin Water Works and as may be reasonably expected to be
20 modified by future increased costs of energy, water, and ordinary
21 expenses of operation. The City Council finds and determines that
22 the acquisition of the Tustin Water Works by the City of Tustin is in
23 the public interest of the City of Tustin and its residents and the
24 residents lying within the unincorporated portions of the County of
25 Orange which are within the service area, by (1) by preserving and
26 improving domestic water service; (2) by improving fire protection
27 service capabilities; (3) by.preserving favorable customer rates.
28 2. The City Council finds and determines that no discrimination should
29 be made in the water rates of customers inside or outside the City
30 of Tustin.
31 3. The City Council finds and determines that improvements to the
32 water system should be made on the basis of a reasonable order of
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priority without regard to location of improvements inside or
outside the City of Tustin.
4. The City Council finds and determines that all customer deposits
should be honored, maintained and paid in accordance with present
Public Utility Commission regulations.
5. The City Council finds and determines that all Main Extension
Agreements should be assumed and honored by the City of Tustin.
6. The City Council finds and determines that it is appropriate and
desirable that the City of Tustin offer employment to the present
employees of the Tustin Water Works in order to receive the benefit
of their knowledge and expertise in the operation of the system.
NOW, THEREFORE, the City Council of the City of Tustin, California
does hereby resolve as follows:
1. The City Council authorizes the acquisition of the Tustin Water
Works in accordance with the terms and conditions set forth in that
certain agreement signed on behalf of the Tustin Water Works and
its shareholders on March 3, 1980, the original and three copies of
which are on file in the office of the City Clerk of the City of
Tustin and further authorizes the staff to implement the acquisition
in accordance with the terms and said agreement and authorizes and
directs the Mayor and City Clerk to execute all such documents as
are appropriate to carry out the terms thereof, subject to the
following modification and conditions:
A. Revision of Exhibit 1, employment contracts of Rowenhorst
and Jensen, to provide:
(1) Employment until at least such time as the Tustin Water
Works shareholders have been paid in full.
(2) Salaries of $2,815.00 per month with raises of not less
than fifty percent (50 %) of those given to other City
employees in comparable positions.
(3) Regular City fringe benefits.
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(4) Availability of a pool vehicle for use of Reed Jensen for
City business.
(5) Assignment of a vehicle to Earl Rowenhorst for use on
City business.
(6) Use of house and utilities for Earl Rowenhorst, and
B. Tustin Water Works to give its written approval of this
modification and delivery of a duly executed copy thereof
to the City of Tustin before 5 :00 o'clock P.M. on Wednesday,
March 19, 1980.
BE IT FURTHER RESOLVED the City Council of the City of Tustin
declares its policies- in the operation of the facilities of the Tustin Water Works
shall inculde the following:
1. To preserve and improve water service for both domestic and fire
protection within the City of Tustin and those portions of the
service area lying in unincorporated portions of the County of
Orange.
2. To honor all customer deposits in accordance with presently existing
Public Utility Commission regulations.
3. To assume and honor all existing Main Extension Agreements.
4. To continue water rates at their same level and hereafter to only
modify such water rates as may be required by increased costs of
energy, water and operating costs, together with the cost of
necessary capital improvements.
5. To maintain water rates and service without discrimination between
customers lying inside or outside the City of Tustin.
6. To make improvements in the water system on a reasonable system
of priorities without regard to the location of improvements inside
or outside the City of Tustin.
BE IT FURTHER RESOLVED that the City will offer employment to the
present employees of the Tustin,Water Works in order to obtain the benefit of their
expertise and assure the continuation of a satisfactory level of service to
customers.
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PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Tustin held on the 17th day of March, 1980.
MA TOR
ATTEST:
CITY CLERK C"
J GR:se :D:2/15/80
JGR:se :R:3 /18/80
T /R /TWW D:2
Page 4.
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
RUTH C. POE, City Clerk and ex- officio Clerk of the City Council of the
City of Tustin, California, does hereby certify that the whole number of
the members of the City Council of the City of Tustin is five; that the
above and foregoing Resolution No. 80 -31 was duly and regularly
introduced, passed and adopted at a regular meeting of the City Council
held on the 17th day of March 19'80- by the following
vote:
AYES: COUNCILMEN: Schuster, Saltarelli
NOES: CO;P:CILMEN: Kennedy, welsh
ASSENT: CG' :CZLPE LI: None
ok"m... c. C% 9,..
mmm C. POE, City
City f Tust:
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