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HomeMy WebLinkAboutCC Resolution 7290 (Marin Street Light)RESOLUTION NO. 7290 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 (SECOND AMENDMENT) THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RE- SOLVES as follows: 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 2, Section 10.) a copy of which is attached 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 18th day of February, 1986, by the following vote, to wit: AYES: COUNCILMEMBERS:Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS:None ABSENT: COUNCILMEMBERS:None JE NE M. LEONCINI, City Clerk 71.2 9d (SECOND A1,IENDMENT) JOINT EXERCISE OF POWERS AGREEMENT CREATING MARIN STREET LIGHT ACQUISITION JOINT POWERS AUTHORITY THIS AGREEMENT is made and entered into this 18th day of February , 19 86 by and between the following local agencies: COUNTY OF MARIN, MARINWOOD COMMUNITY SERVICES DISTRICT, BEL MARIN KEYS COMMUNITY SERVICES DISTRICT, CITY OF BELVEDERE, TOWN OF FAIRFAX, CITY OF MILL VALLEY, CITY OF SAN RAFAEL, TOWN OF TIBURON, CITY OF NOVATO, CITY OF LARKSPUR, TOWN OF SAN ANSELMO 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 I COWF-)y action against PG&E, and subsequentl= transferring the facilities to the local agencies. NOW, THEREFORE, for and in c=sideration 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 97anted by Sections 6500 through 6515, inclusive, of the Gmernment Code. 2. The purpose of this Agreement is to form a public entity to acquire street light tip-cilities, operate the facilities during the pendency of an eminent domain action against PG&E, and subseque=ly transfer the facilities to the individual local agesies. SECTION 2. NAME OF ENT-= Pursuant to the authority q:anted by Sections 6500 through 6515, inclusive, of the Government Code, there is created the MARIN STREET LIGH' ACQUISITION JOINT POWERS AUTHORITY ("MSLAJPA"). SECTION 3. TERM OF AGR NT This Agreement becomes effective upon its execution by all the local agencies, amd it shall remain in effect until either all street ligh=s 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 BCRD The Governing Board shall consist of the Assistant County Administrator of the County of Marin, the City Manager of the City of Larkspur, the Town Manager of the Town of Tiburon, the Pudic Works Director of the City of San Rafael, and the Public Works Director of the City of Mill Valley. Should a Governing Board member leave his/her perspective jurisdiction, the Cit)L Manager group (if the Director was a Manager) or Public Works Director qLaup (if the Director was a Public Works Director) shall appoint a replacement. The Governing Board shall bald at least one regular meeting annually on the first Monday of October. Meetings shall be held is 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 necessary. 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 54950 of the Government Code). Minutes of regular, adjourned regular and special meeting of the Governing Board shall be kept by the Executive Officer and said minutes stall be forwarded to each member of the Board within thirty (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 contracts; 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 own name; g. Lease real and personal property, including that of a party to this Agreenent; 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 b. Contract Vitt an appropriate organization to assist 14SLAJPA u operating and maintaining the street light facilities. SECTION 6. PROJECT OF THE NSLAJPA While the MSLAJPA possesses all the powers discussed in Section 5 above, without a limitation on the foregoing, it is the intention of the MSLAJPA to proceed in the following manner: 1. To initiate legal action, or otherwise, to acquire street lighting facilities frcu PG&E. 2. To operate the street 2Lghting facilities from either the time an Order for Pommession is granted by a court of competent jurisdiction cc the time MSLAJPA comes into possession of the facili=ies through some other mechanism until the eminent dor-in action against PG&E is concluded with a final judgmeyt entered and all appeals exhausted. 3. After the litigation is concluded, as discussed above, possession and title- to all street lighting facilities within the jr`isdiction of a particular local agency shall pass t= that individual local agency. 4. In the event any side local agency abandons or dismisses the action, or :s 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 fraction contained in Section 7. Additionally, any funds contributed to the 1SLAJPA for attorney's fees, expert witness fees 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 shall 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 o: 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 action. 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 t% pole exists shall defend the other member agencies and the Joint Power Authority itself from the litigatioc 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 Acquired by MSLAJPA SECTION S. TREASURER OF MSLAJPA 1. The Treasurer of the CDunty of Marin is hereby designated to be the depository and have custody of all the money of the MSLAJPA witbout regard to the source of that money. He has the powers, duties and responsibilities specified in Section 6505.5 of the Government Code. The Treasurer shall: a. Receive and receipt for all money of the 1SLAJPA and place it in the treasury of the County to the credit of the MSLAJPA; b. Be responsible upon his 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 NSLAJPA, the amount of receipts since his last report, and the amount paid out since his last report. 7 SECTION 9. CONTROLLER OF MSLAJPA; ACODUM AND RECORDS 1. The Controller of the County is hereby designated the Controller of the MSULTPA. He has the powers, duties and responsibilities specified in Section 6505 of the Government Code. 2. The Controller shall establish and maintain the funds and,-accounts in accordance with acceptable accounting practices and shall mairatain such other records as the Governing Board shall require. 3. Books and records of the MSLAJPA shall be open to inspection at all reasaaable 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 or-f MSLAJPA. Executive Officer is nominated by the County Public Works Director and ratified by the majority vote �} f , of the Governing-Board of MSLAJPA. The Executive Officer may be removed for any reason by three (3) votes of the Governing Board. SECTION 11. FISCAL YEAR AND AN53AL BUDGET The fiscal year of the MSLA.3FA shall be July 1 of each calendar year through and including June 30 of 8 the succeeding calendar year. The Governing Board shall 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 bond 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 ASSIGNMENT No local agency may assign any right, claim or 9 interest it may have under this Agreement, and no creditor, assignee or third party beneficiary of any member agency shall have any right, claim or title to any part, share, interest or asset of the NSLAJPA. SECTION 16. AMENDMENT This agreement may be amended only by the written consent of all agencies party to this Agreement. IN WITNESS WHEREOF, the local agencies have executed this Agreement as of the day and year described above. ATTEST COUNTY OF MARIN CLERK CLERK CLERK CLERK CLERK 10 MARINWOOD COMMUNITY SERVICES DISTRICT BEL MARIN KEYS COMMUNITY SERVICES DISTRICT CITY OF BELVEDERE TOWN OF FAIRFAX CLERK E JEAE M. �I,EONCINI CLERK CLERK CLERK CLERK CLERK gk-19 11 CITY OF HILL VALLEY CITY OF SAN RAFAEL r' MAYUR LIAWtt"Nuh L 1ylULriY11114 TOWN OF TIBURON CITY OF NOVATO CITY OF LARKSPUR TOWN OF SAN ANSELMO CITY OF SAUSALITO