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