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HomeMy WebLinkAboutCC Resolution 7275 (Marin Street Light JPA)as follows: RESOLUTION NO. 7275 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE SIGNING OF AN AMENDED JOINT EXERCISE OF POWERS AGREEMENT CREATING MARIN STREET LIGHT ACQUISITION JOINT POWERS AUTHORITY THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RESOLVES The Mayor and City Clerk are authorized to execute, on behalf of the City of San Rafael, THE AMENDED JOINT EXERCISE OF POWERS AGREEMENT CREATING MARIN STREET LIGHT ACQUISITION JOINT POWERS AUTHORITY, (adding to Paragraph 1, Section 4.)a copy of which is at- tached hereto and incorporated herein by this reference. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, California, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City held on the 20th day of January, 1986, by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JE E'`M. LEONCIN , City Clerk DRiGINA,r MWTKhNl� JOINT EXERCISE OF POWERS CREATING KARIN STREET LIGHT ACQUISITION JOINT QRS AUTHORITY THIS AGREEMENT is madam and entered into this day of . 19 by and between the following local agencies: COUNTY OF KARINO, KARINWOOD COMMUNITY SERVICES DISTRICT, BEL KARIN KEYS COMMUNITY SERVICES DISTRICT, CITY OF BELVEDERE, TOWN OF F�AIRFAA. CITY OF MILL VALLEY, CITY OF SAN RAFAEL, TO10 OF TIBURONO CITY OF NOVATO, CITY OF LARKSPUR, TOWN OF SAN A1gS9LMO and CITY OF SAUSALITO. RECITALS THIS AGREEMENT is undertaken by these local agencies because they wish to jointly proceed in acquiring street lighting facilities presently owned by Pacific Gas & Electric Company ("PG&E®) . These agencies agree that it is in the public interest of their residents to acquire these street light facilities so that the same level of street lighting may be provided at a lower cost. Because PG&E has been unwilling to reasonably negotiate the sale of these facilities. these agencies have been compelled to use their unquestionably valid authority to acquire these facilities through eminent domain. This agreement creates a single public entity composed of these agencies to carry out efficiently the task of acquiring, operating the street lighting facilities during the pendency of an eminent domain COPY action against PG&E, and subsequently transferring the facilities to the local agencies. NOW, THEREFORE, for and in consideration of the mutual benefits, covenants and agreements set forth the local agencies agree as follows: SECTION 1. AUTHORITY AND PURPOSE 1. This agreement is Made between the local agencies, pursuant to the authority granted by Sections 6500 through 6515, inclusive, of the Government Cade. 2. The purpose of this Agreement is to form a public entity to acquire street light facilities, operate the facilities during the pendency of an eminent domain action against PG&E, and subsequently transfer the facilities to the individual local agencies. SECTION 2. NAME OF zakiyi Pursuant to the authority granted by Sections 6500 through 6515, inclusive, of the Government Code, there is created the MARIN STREET LIGHT ACQUISITION JOINT POWERS AUTHORITY ("MSLAJPA"). SECTION 3. TER.M� OF AGRE R T This Agreement becomes effective upon its execution by all the local agencies, and it shall remain in effect until either all street lights operated by the MSLAJPA are transferred to the local individual agencies or all the local agencies agree in writing that this agreement should terminate. 2 SECTION 4. GOVERNING BM The Governing Board shall consist of the Assistant County Administrator of the County of Karina the City Manager of the City of Larkspur, the Town Manager of the Town of Tiburon, the Public Works Director of the City of San Rafael, and the PuUlic Works Director of the City of Mill Valley. Should a Governing Board member leave his/her perspective jurisdiction, the City Manager group (if the Director was a Manager) of Public Works Director group (if the Director was a Public Works Director) shall appoint a replacement. The Governing Board shall bold at least one regular meeting annually on the first Monday of October. Meetings shall be held in the Board of Supervisors Chambers in the Marin County Civic Center at the hour of 9:00 a.m. The Governing Board may also hold Special Meetings ,from time to time as it may deem nec6ssary. Each meeting of the Board shall be called, noticed,_ held and conducted in accordance with the requirements of the Ralph M. Brown Act (commencing with Section 54?50 of the Government Code). Minutes of regular, adjo3rned regular and special meeting of the Governing Board small be kept by the Executive Officer and said minutes shall be forwarded to each member of the Board within thi$ty (30) days after each meeting. 3 Each Member of the Governing Board shall have one vote, and three votes are required to validate any action of the Board. SECTION 5. DUTIES AND POWERS OF THE GOVERNING BOARD 1. The Governing Board shall have the following powers: a. Make and enter into c mtracts; b. Preparation of an annual budget for the Authority; c. Incurrence of debts, liabilities and obligations; d. Acquire, hold and dispose of real and personal property; e. Receive contributions and donations of property, funds, services and other form of assistance from any source; f. Sue and be sued in its oven name; g. Lease real and personal property, including that of a party to this Agreement; and h. -The Board may do all things necessary and lawful to carry out the purpose of this Agreement. 2. The Governing Board shall have the following duties. a. Contract with an appropriate organization to assist MSLAJPA in acquiring the street light facilities; and 4 b. Contract with an appropriate organization to assist MSLAJPA in operating and maintaining the street light facilities. SECTION 6. PROJECT OF THE MSLAJPA While the MSLAJPA possesses all the powers discussed in Section 5 above, without a limitation on the foregoing, it is the intention of the KSL&JPA to jgpceed in the following manner: J 1. To initiate legal action, or otherwise, to acquire street lighting facilities from PG&E. 2. To operate the street lighting facilities from either the time an Order for Possession is granted by a court of competent jurisdiction or the time MSLAJPA comes into possession of the facilities through some other mechanism until the eminent domain action against PG&E is concluded with a final judgment entered and all appeals exhausted.' 3. After the litigation is concludede as discussed above, possession and title to all street lighting facilities within the jurisdiction of a particular local agency shall pass to that individual- local ndividuallocal agency. 4. In the event any single local agency abandons or dismisses the action, or is defeated in its right to take, it is the intention of the local agencies that the single local agency shall be liable to PG&E for any expenses or costs in proportion to PG&E°s total 5 expenses or costs divided by. the fracUen contained in Section 7. Addiotionally, any funds czmtrlbuted to the MSLAJPA for attorney's fees, expert witmess frees and any other costs shall not be refunded to the local agency. Any funds contributed specifically for a deposit for an order for Immediate Possession shalii be refunded in accordance with the law. 5. In the event of any other dismissal of the action the member local agencies shall be liable for any costs or other contractual obligation in proportion to the fraction discussed in Section 7. 6. In accordance with section 6508.1 of the Government Code, no other member agency shall be liable for damages, litigation expenses or costs for another member agency in the event the latter member agency abandons, dismisses, is defeated in its right to take, or otherwise fails to -continue the eminent domain actions 7. In the event of any claim or litigation for damages arising from the operation of a pole during the pendency of the eminent domain action, the member local agency within whose jurisdiction the pole exists shall defend the other member agencies and the Joint mower Authority itself from the litigation and indemnify them for any ensuing damages. SECTION 7. FINANCING Each of the local agencies shall contribute funds to this organization sufficient to meet all obligations and liabilities in a share equal to: Number of Street Lights to be Acquired in Local Agencies Individual Jurisdiction Total Number of Street Lights to be Aired by MSLAJPA SECTION 8. TREASURER OF SPA 1. The Treasurer of the Coanty of Marin is hereby designated to be the depository and have custody of all the money of the MSLAJPA witb=t regard *to the source of that money. He has the purrs, duties and responsibilities specified in Secticm 650505 of the Government Code. The Treasurer shall: a. Receive and receipt for all money of the MSLAJPA and place it in the treasury of the County to the credit of the MSLAJPA; b. Be responsible upon Ms official bond for the safekeeping and disbursement of all MSLAJPA money so held by him; C. Pay any outstanding obligations of the MSLAJPA from the MSLAJPA money, or any portion thereof, only upon warrants of the public officer performing the functions of auditor or controller who has been designated by this Agreement; and d. Verify and report in writing on the first day of October, January, April and July of each year to the MSLAJPA and to the parties to this Agreement, the amount of money he holds for the M—JPA, the amount of receipts since his last report, and the mount paid out since his last report. 7 SECTION 9. CONTROLLER OF b1SLAJPAa ACCWNTS AND RECORDS 1. The Controller of the County is hereby designated the Controller of the KSLAZPA. Be has the powers, duties and responsibilities specified in Section 5505 of the Government Code. 2. The Controller shall establish and maintain the funds and accounts in accordance with acceptable accounting practices and shall maintain such other records as the Governing Board shall rewire. 3. Books and records of the KSLAJPA shaI.l be open to inspection at all reasonable times by representatives of the member agencies. 4. Within the one hundred twenty (120) days from the close of each fiscal year, the Controller shall give a complete written report of all financial activities for that fiscal year. SECTION 10. EXECUTIVE OFFICER There shall be an Executive Officer who shall be responsible for the administration of KSLAJPA. Mr. Farhad Mansourian is hereby appointed the Executive Officer for the MSLAJPA. The Executive Officer may be removed for any reason by three (3) votes of the Governing Board. SECTION 11. FISCAL YEAR AND AWMAL BUDGET The fiscal year of the MSLAJPA shall be July l of each calendar year through and including June 30 of the succeeding calendar year. The Governing Board shall 8 adopt the first annual budget prior to the KSLAJPA contracting for any maintenance services as provided elsewhere in this Agreement. Subsequent annual budgets shall be adopted by the Governing Board not later than the first regular meeting of the Governing Board in each fiscal year. SECTION 12. DISPOSITION OF ASSETS UPON TERMINATION 1. Upon termination of this Agreement by mutual written consent of all the local agencies, all funds shall first be used to pay expenses arising out of this Agreement. 2. After payment of said expenses, funds shall be returned to the local agencies in accordance with their share of the funding. SECTION 13. BOND REQUIREMENT A bona in the amount set by the Governing Board, but not •. less than Fifty Thousand Dollars ($50,000.00) shall be required for all officers and personnel. authorized to disburse funds of the MSLAJPA. The cost of such bond shall be paid by the MSLAJPA. SECTION 14. NOTICES Notices to local agencies under this Agreement shall be sufficient if delivered to the Clerk of the legislative body of the respective member agencies. SECTION 15. PROHIBITION AGAINST ASSIGW ENT No local agency may assign any right, claim or interest it may have under this Agreement, and no V creditor, assignee or third, party bmeficiary of any member agency shall have any right, claim or title to any part, share, interest or asset of the SPA. SECTION 16. AMEND This agreement may be amen only by the written consent of all agencies party to this Agreement. IN WITNESS WHEREOF, the low a.genciis have executed this Agreement as of the day and year described agave. ATTEST COUNTY OF MARITH CLERK CLERK CLERK CLERK CLERK 10 MARINWOOD CO$+ITY SERVICES DISTRICT BEL MARIN KEYS COM14UNITY SERVICES DISTRICT CITY OF BELVEDERE TOWN OF Fga"AX CLERK Dated: January 20, 1986 Cit C ERK, JEANNE M. LEONCINI CLERK CLERK CLERK CLERK CLERK gk--19 11 CITY OF RML VALLEY CITY OF SAE RAFAEL LAWRENCE E. MULRYAN, Ma/vor TOWN OF TIRO? CITY OF BiMATO CITY OF TARKSPUR TOWN OF SIN ANSELHO CITY OF SMSALITO