Whittier Municipal Code Ch. 13.48 Lease of Public Utilities

For the purposes of this chapter the following words and phrases, when used in this chapter, shall have the following meanings ascribed to them:

A. "City" shall mean city of Whittier; and

B. "City council" shall mean city council of the city; and

C. "Public utility" shall mean each public utility for furnishing water, wastewater disposal, solid waste collection or solid waste disposal services to customers.

(Ord. 2799 § 1 (part), 2002)

The city may lease, for just compensation, all or any part of the portion of its public utility for furnishing of water, wastewater disposal, solid waste collection and solid waste disposal services to any other municipal corporation, public agency or public utility corporation upon the terms and conditions agreed upon by the city if the acquiring entity by resolution adopted by a majority of the members of its legislative body or board of directors has concurred in the lease and the terms and conditions thereof and if the acquiring entity will be bound to render water, wastewater disposal or refuse collection and disposal services to the persons formerly served through the system being leased on terms and conditions which are just and reasonable and which do not unreasonably discriminate against the customers of the acquired entity.

(Ord. 2799 § 1 (part), 2002)

The city council may specify the manner of soliciting and filing, and the method of evaluating, any proposal for the acquisition of the public utility, or any such proposal may be recommended by city staff. Upon receipt and staff evaluation of a proposal, the city council shall schedule a public hearing, and notice thereof shall be published in accordance with Section 6066 of the California Government Code. At the hearing, the city council shall examine proposals received and staff recommendations, and without lease term or other restrictions, may lease, for just compensation, the public utility to the entity that the city council finds best qualified to continue to provide equal or better service to the customers of the system.

(Ord. 2799 § 1 (part), 2002)