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.
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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.
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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
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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.
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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
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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
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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
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CITY OF HILL VALLEY
CITY OF SAN RAFAEL
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MAYUR LIAWtt"Nuh L 1ylULriY11114
TOWN OF TIBURON
CITY OF NOVATO
CITY OF LARKSPUR
TOWN OF SAN ANSELMO
CITY OF SAUSALITO