21.265 An Order Authorizing Acquisition and Establishment of a Municipal Light Plant - CertifiedCity of Northampton
MASSACHUSETTS
_________
In City Council, May 6, 2021
Upon the recommendation of Mayor David J. Narkewicz
O-21.265 AN ORDER AUTHORIZING ACQUISITION AND
ESTABLISHMENT OF A MUNICIPAL LIGHT PLANT
WHEREAS, the Mayor and City Council approved a two-phase market study and
comprehensive feasibility study of municipal broadband as part of the FY2020-FY2024 Capital
Improvement Program; and
WHEREAS, the City of Northampton awarded a contract for the aforementioned two-phase
study to Design Nine, Inc. which has completed a market study, the overwhelmingly positive
results of which dictate moving forward with the comprehensive feasibility study; and
WHEREAS, if based on the results of both studies the City of Northampton decides to
implement municipal broadband, the city would be required to establish a Municipal Light Plant
in accordance with M.G.L. c. 164, § 35; and
WHEREAS, establishment of a Municipal Light Plant under section 35 first requires two
separate approval votes of the City Council by a two-thirds majority in two separate fiscal years;
and
WHEREAS, the City Council approved the establishment of a Municipal Light Plant in fiscal
year 2020 on June 18, 2020; and
WHEREAS, in the interest of not unnecessarily delaying a future potential municipal broadband
project, it would be prudent to complete the second required approval vote in fiscal year 2021
ending June 30, 2021.
NOW, THEREFORE, be it ordered, the City Council authorizes in accordance with the
provisions of Chapter 164 of the General Laws and in accordance with the rules, regulations and
orders of the Department of Public Utilities and the Department of Telecommunications &
Cable, a municipal lighting plant for all purposes allowable under the laws of the
Commonwealth, and more particularly for the establishment of a municipal broadband system
for the City of Northampton. The Mayor is hereby authorized to execute any documents
necessary to effectuate this Order.