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HomeMy WebLinkAboutCC Resolution 12419 (Submarine High Voltage Direct Current Transmission)RESOLUTION NO. 12419 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH TRANS BAY CABLE LLC TO ENCUMBER THE LEASE OF A PORTION OF THE SAN RAFAEL BAY HELD BY THE CITY OF SAN RAFAEL AS GRANTED LANDS FROM THE STATE OF CALIFORNIA FOR THE PURPOSE OF THE CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE AND USE OF A SUBMARINE HIGH VOLTAGE DIRECT CURRENT TRANSMISSION LINE BY A SENIOR DEED OF TRUST AND SUBORDINATED DEED OF TRUST TO BAYERISCHE LANDESBANK WHEREAS, pursuant to the authority of Chapter 83 Statutes of 1923, the State of California has granted to the City of San Rafael all the rights, title and interest to all marsh, tide and submerged lands within the boundaries of the City to be held in trust by of the State of California; and WHEREAS, under said legislation, the City has the authority to lease said granted lands or portion thereof, for limited periods, for purposes consistent with the trust upon which said lands are held by the State of California; and WHEREAS, because the City holds the lands in trust for the State of California and does not own the property in fee, the procedures for the leasing of City owned land as set out in Article III Section 12 of the City Charter are not applicable; and WHEREAS, Trans Bay Cable LLC leased a portion of the City's granted lands for the construction, installation, operation, maintenance and use of a submerged cable for the transmission of electricity and for fiber optic transmissions between Pittsburgh, CA and San Francisco; and WHEREAS, Trans Bay Cable LLC has requested the City's consent to their encumbering the lease of the granted lands by a senior deed of trust and a subordinated deed of trust to Bayerische Landesbank for the purpose of obtaining project construction financing; and WHEREAS, the State lands Commission has previously approved such agreements for the State's lease to Trans Bay of 50 miles of this cable project; and WHEREAS, the City has evaluated the proposed party's financial strength and reliability, business experience and expertise, business reputation, managerial and operational skills, as well as other relevant factors and finds the encumbrance to be reasonable. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL: Approves and authorizes the Mayor to execute an agreement with Trans Bay Cable LLC to encumber the lease of a Portion of the San Rafael Bay held by the City of San Rafael as Granted Lands from the State of California for the purpose of the Construction, Installation, Operation, Maintenance and Use of a Submarine High Voltage Direct Current Transmission Line by a senior deed of trust and a subordinated deed of trust to Bayerische Landesbank, copies of which are hereby attached and by this reference made a part hereof. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a re ular meeting of the City Council of said City held on Tuesday. the 22nd day of January_ . 2008 by the following vote, to wit: AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None X'- C� G . R-e4r-'-e ESTHER C. BEIRNE, City Clerk