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HomeMy WebLinkAboutRes2022-087 Special Election May 2 2023 Sponsored by: Bower CITY OF SEWARD,ALASKA RESOLUTION 2022-087 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, SUBMITTING THE QUESTION OF SELLING THE CITY OF SEWARD ELECTRIC UTILITY TO THE QUALIFIED CITY OF SEWARD VOTERS AT A SPECIAL ELECTION IN AND FOR THE CITY OF SEWARD ON MAY 2, 2023 WHEREAS,the City of Seward owns and operates the electric utility with approximately 2,900 meters and limited financial resources; and WHEREAS, the financial burden associated with increasing technological demands, completing infrastructure improvements,meeting more stringent industry standards and attracting and maintaining qualified employees, has led to the City Council's consideration of selling the City's electric utility; and WHEREAS, it is in the public's interest to provide consumers with safe and reliable electric service along with reasonable rates and value-added programs and services while, also managing the City's assets for the long-term benefit of the citizens of the City; and WHEREAS,prior to voter approval of the proposition to sell the electric utility, the City will issue a Limited Solicitation Request for Proposals from interested and qualified electric utilities in Alaska to provide electric services; and WHEREAS, following receipt of the proposals, the City will negotiate with, and select, the utility most qualified to meet the electric service needs of Seward while also sharing the City's community-focused values; and WHEREAS,the selected utility will be announced to the public prior to the vote on selling the utility and the selected utility will be authorized to provide public information to City voters; and WHEREAS, the City Council will enact an ordinance in advance of the May 2, 2023, election with an effective date contingent on voter approval of the sale of the utility, establishing a permanent fund for the receipt, investment, and use of proceeds from the sale and to direct that permanent fund revenues be used to make a yearly transfer to the General Fund and to fund capital improvements approved by the City Council; and WHEREAS, Seward City Charter 13.4 permits the council to sell, lease or otherwise dispose of a municipal utility or of property and interest in property used or useful in the operation of a utility only after a proposition to do so is approved by three-fifths of the electors (voters) of the city voting on the proposition. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY CITY OF SEWARD,ALASKA RESOLUTION 2022-087 OF SEWARD,ALASKA,that: Section 1. The City shall submit the following proposition to the qualified voters of the City at the May 2, 2023, special city election. Pursuant to Section 13.4 of the City Charter, the proposition must receive an affirmative vote by three-fifths of the qualified electors voting on the proposition to approve the sale of the municipal utility. Proposition No. 1 Sale of Seward Electric Utility Shall the City of Seward sell the Seward Electric Utility with the negotiated terms and conditions previously approved by City Council that are contingent on voter approval? Proposition No. 1 Yes No A yes vote approves the sale of the electric utility. A no vote means the City of Seward retains the electric utility. Section 2. This resolution shall take effect immediately upon City Council approval of a purchase and sale agreement for the Seward Electric Utility. Proposition No. 1 shall become effective only if approved by three-fifths of the qualified voters voting on the proposition at the special election on May 2, 2023. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 8th day of August, 2022. T . CT IF1 • ' :, •i! SKA My ' erry, M or AYES: DeMoss, McClure, Casagranda, Wells, Osenga, Calhoon NOES: None ABSENT: None ABSTAIN: None CITY OF SEWARD, ALASKA RESOLUTION 2022-087 ATTEST: Brenda J. al , M C City Clerk (Ci% s tE, i.,Of hf, . • SS,(;)", ••" "••Ns IN1c#:** 00114). 5 • � i SEAL _ _ ...._. / 0A- ••'•.��OF toss• City Council Agenda Statement Meeting Date: August 8, 2022 To: City Council Through: Janette Bower, City Manager From: Rob Montgomery, General Manager - Electric Agenda Item: Resolution 2022-087: Submitting the Question of Selling the City of Seward Electric Utility to the Qualified City of Seward Voters at a Special Election in and for the City of Seward on May 2, 2023 Background and justification: With less than 3,000 electric meters on its system, the City of Seward's Electric Department has limited resources, making it difficult for the utility to consistently invest in new infrastructure, system maintenance, technology, and customer-focused programs and services. In addition to the financial limitations, Seward's small number of customers and meters will make it difficult for the City to maintain electric rate stability as necessary investments are made in the areas mentioned above. A larger electric utility with thousands more customers and meters will be able to spread expenses across its entire customer base,thereby ensuring more stability in customer rates. While there are obvious advantages to selling the electric utility, a key question for the Council and Seward citizens in looking at a potential sell is: "How will the City recover the lost revenue in the General Fund from Electric Department contributions, which come in the form of a Payment In Lieu of Taxes (PILT) and an Administrative Services fee for services such as billing, human resources, accounts payable and receivable, etc.?" The bottom line is that as long as the City runs Seward's electric system,there will be financial and human resource challenges to address. These challenges will directly impact the utility's customers in the way of rates, programs, services, and system reliability. For that reason, citizens of Seward should be given the opportunity to decide whether to keep the electric utility with the City or sell it to a qualified electric utility in Alaska, starting with a Limited Solicitation Request for Proposals this fall. City Administration is recommending to Council that a Special Election be held on May 2, 2023, to determine whether to sell or not sell the City's electric utility. By identifying a potential buyer prior to the Special Election, voters will have information made available to them that may assist in their voting decision. Following receipt of the proposals, the City will negotiate with, and select, the utility most qualified to meet the electric service needs of Seward while also sharing the City's community-focused values. The selected utility will be announced to the public prior to the vote on selling the utility and the selected utility is authorized to provide public information to City voters. Before the election, the City Council will enact an ordinance establishing a permanent fund for the receipt, investment, and use of proceeds from the sale and to direct that permanent fund revenues be used to make a yearly transfer to the General Fund and to fund capital improvements approved by the City Council. This ordinance will be contingent on voter approval of the sale. 215 Seward City Charter 13.4 permits the council to sell, lease or otherwise dispose of a municipal utility or of property and interest in property used or useful in the operation of a utility only after a proposition to do so is approved by three-fifths of the electors (voters) of the city voting on the proposition. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 3.7.1.4 "Continue to upgrade and expand utilities to meet existing needs and encourage future development." Strategic Plan: 13.3 Utilities Other: Certification of Funds Total amount of funds listed in this legislation: $ 0 This legislation (✓): Creates revenue in the amount of: $ Creates expenditure in amount of: $ Creates a savings in the amount of: $ X Has no fiscal impact Funds are (✓): Budgeted Line item(s): Not budgeted X Not applicable Finance Signature: Attorney Review e✓ Yes Attorney Signature: CO Not applicable Comments: Administration Recommendation eAdopt Resolution Other: 216