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HomeMy WebLinkAboutOrdinance 1719 (Establish Marin Telecommunications Agency)CLERK'S CERTIFICATE I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and Ex -officio Clerk of the Council of said City, do hereby certify that the foregoing Charter Ordinance No. 1719 entitled: "AN ORDINANCE ADDING CHAPTER 10.74 TO THE CITY OF SAN RAFAEL MUNICIPAL CODE RELATING TO THE ESTABLISHMENT OF THE MARIN TELECOMMUNICATIONS AGENCY, DELEGATING AUTHORITY THERETO, AND ASSIGNING EXISTING CONTRACTS OF THE CITY OF SAN RAFAEL" was introduced at a REGULAR meeting of the City Council of the City of San Rafael, held on the 1" day of December. 1997, a summary of Ordinance No. 1719 was published as required by City Charter in the MARIN INDEPENDENT JOURNAL, a newspaper published in the City of San Rafael, and passed and adopted as an Ordinance of said City at a REGULAR meeting of the City Council of said City held on the 156' day of December. 1997, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Miller, Phillips and Vice -Mayor Heller NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None DISQUALIFIED: COUNCILMEMBERS: Mayor Boro (due to POTENTIAL conflict of interest) WITNESS my hand and the official seal of the City of San Rafael this 17' day of December, 1997 JEAM� M LEONCM-, City Clerk ORDINANCE NO. 1719 AN ORDINANCE ADDING CHAPTER 10.74 TO THE CITY OF SAN RAFAEL MUNICIPAL CODE RELATING TO THE ESTABLISHMENT OF THE MARIN TELECOMMUNICATIONS AGENCY, DELEGATING AUTHORITY THERETO, AND ASSIGNING EXISTING CONTRACTS OF THE CITY OF SAN RAFAEL. WHEREAS, City of San Rafael is the Franchisor of that certain cable television franchise presently held by Tele-Vue Systems, Inc., a Washington corporation, as Franchisee, and said Tele-Vue Systems, Inc., Clear View Cable Systems, Inc., a California corporation, Marin Cable Television, Inc., a California corporation, and Cable TV of Marin, Inc., a California corporation (hereinafter collectively referred to as "TCI") hold similar franchises from other public entities within the boundaries of the County of Marin; and WHEREAS, City of San Rafael is a participant in that certain joint powers agency known as the "Marin County Cable Rate Regulation Joint Powers Authority", a California joint powers agency, ("MCCRRJPA") created and existing pursuant to the provisions of Title 1, Division 7, Chapter 5 of the Government Code (commencing with Section 6500); and WHEREAS, with the passage of the Telecommunications Act of 1996 and its on-going implementation by the Federal Communications Commission, there is an increasing reduction in distinctions between the various historical providers of telecommunications services; and WHEREAS, the management of the local rights of way in terms of the demands of the various and competing forms of telecommunications demands a regional approach; and WHEREAS, City of San Rafael finds that such a regional approach to the demands of telecommunications can best be handled within the boundaries of Marin County by a joint powers agency having a broader mission and authority than that of MCCRRJPA; and WHEREAS, accordingly, City of San Rafael finds it necessary and desirable to revise and restate its delegation of authority to MCCRRJPA and to terminate MCCRRJPA to reflect the broader mission and authority of the new joint powers agency; NOW THEREFORE THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY ORDAIN AS FOLLOWS: DIVISION 1. Chapter 10.74, Sections 10.74.010 through 10.74.290 are hereby added to the City of San Rafael Municipal Code to read as follows: CHAPTER 10.74 TELECOMMUNICATIONS ORDINANCE SUB -CHAPTER 1 GENERAL PROVISIONS 10.74.010 Purposes. The purposes of this Chapter include, but are not limited to, the promotion of the general welfare of the citizens of City of San Rafael and the citizens of the Marin Community by: 1. Establishing a master -plan for the franchising of telecommunications providers within the Marin Community; 2. Establishing a regulatory framework for the administration of franchises in order to insure that the potential recreational, educational, social, economic, commercial and other advantages of telecommunications will in fact inure to the benefit of the Marin Community and the citizens thereof; 3. Recognizing the right of local jurisdictions to manage, maintain and control the public rights-of-way with their jurisdictions; 4. Implementing the provisions of the Telecommunications Act of 1996; and 5. Regulating the operations of Franchisees for the purpose of protecting and promoting the public health, peace, safety and welfare. The provisions of this Section shall not be deemed to confer any right upon a Franchisee which is not otherwise conferred by another express provision of this Chapter. 10.74.020 Definitions. As used in this Chapter the following terms, phrases, and words shall be ascribed the following meanings, unless the context indicate otherwise. The word "shall" is mandatory, and the word "may" is permissive. Words not defined herein shall be given their common and ordinary meanings, consistent with the context in which such words are used and the purposes of this Chapter. 1. "Agency" shall mean the NL RIN TELECOMMUNICATIONS AGENCY as established herein. 2. "Cable Television Services" shall mean "cable service" as that term is defined in Section 602(6) of the Communications Act of 1934 As Amended [47 U.S.C. 522(6)]. 3. "Cable Television System" shall mean a "cable system" as that term is defined in Section 602(7) of the Communications Act of 1934 As Amended [47 U.S.C. 522(7)]. 2 4. "Constituent Jurisdictions" shall mean the County of Marin and each of the Municipalities of Belvedere, Corte Madera, Fairfax, Larkspur, Mill Valley, Novato, Ross, San Anselmo, Sausalito, San Rafael, and Tiburon which enacts this Chapter. 5. "County" shall mean the County of Marin. 6. 'Encroachment Permit" shall mean a permit issued to a Franchisee by one or more of the County or the Municipalities. 7. "FCC" shall mean the Federal Communications Commission and any legally appointed, designated or elected agent or successor thereof. 8. "Franchise" shall mean and include any franchise, license, permit or other form of authorization, issued pursuant to the provisions of this Chapter or its predecessor provisions by which Telecommunications Facilities are authorized to be placed within or to occupy Streets. 9. "Franchise Documents" shall, with respect to a Franchise issued by the Agency pursuant to the delegation of the provisions of this Chapter, mean the provisions of this Chapter, the map defining any Service Area for the Franchise as may be adopted by ordinance or resolution, the provisions of any request for proposals issued in connection with that Franchise, the provisions of the application for the Franchise submitted by the Franchisee (if accepted by the Agency), the provisions of any ordinance or resolution offering the Franchise, and the provisions of any certificate of acceptance by the Franchisee of the Franchise. 10. "Franchisee" shall mean the party to whom a Franchise to place Telecommunications Facilities within the Streets is issued by the Agency pursuant to the delegation of the provisions of this Chapter and its successors and assigns. 11. "Governing Body" shall mean, with respect to the County, the Board of Supervisors, with respect to a City within the Marin Community, the City Council, and with respect to a Town within the Marin Community, the Town Council. 12. "Marin Community" shall mean the entire geographical territory of the constituent Jurisdictions. 13. "Municipalities" shall mean each of the municipalities of Belvedere, Corte Madera, Fairfax, Larkspur, Mill Valley, Novato, Ross, San Anselmo, Sausalito, San Rafael, and Tiburon which enacts this Chapter. 14. "Ross Valley Jurisdiction" shall mean the municipalities of Fairfax, Ross or San Anselmo. 15. "South Marin Jurisdiction" shall mean the municipalities of Belvedere, Corte Madera, Larkspur, Mill Valley, Sausalito or Tiburon. M 16. "Streets" shall mean the surface of and the space above and below any street, road, highway, freeway, thoroughfare, parkway, sidewalk, bridge, court, lane, path, alley, way, drive, circle, utility right-of-way or any other easement which now or hereafter exists for the provision of public or quasi -public services (including recreational usages) to residential or other properties, and on which the Constituent Jurisdictions are expressly or impliedly authorized or empowered to permit use for the installation and operation of Telecommunications Facilities. 17. "Subscriber" shall mean a lawful recipient of Cable Television Services from a Cable Television System. 18. "Telecommunications Facilities" shall mean any system of antennae, cables, wires, lines, towers, waveguides, or other conductors, converters, amplifiers, headend equipment, master controls, earth stations, equipment and facilities designed and constructed for the purpose of producing, receiving, transmitting, amplifying and distributing audio, video and other forms of electronic or electrical signals within the Constituent Jurisdictions, some part or portion of which occupies the Streets as defined herein and includes, but is not limited to, Telecommunications Facilities, communications satellite systems and related terminal equipment, and other modes of transmitting, emitting, or receiving images and sounds or intelligence by means of wire, radio, optical, electromagnetic or other means. 19. "User" shall mean a lawful recipient of service which utilizes in whole or in part Telecommunications Facilities located in whole or in part in Streets. 10.74.030 Franchise Required. Except (1) as otherwise provided by this Chapter or (2) as otherwise expressly provided and authorized by the State of California or (3) as otherwise expressly provided and authorized by the United States, Streets within the Marin Community shall not be occupied by or used for Telecommunications Facilities except under a Franchise issued by the Agency pursuant to the provisions of this Chapter. Moreover, the Agency shall be the recipient of all "in lieu" fees paid by any operator of an "open video system" as that term is used in Section 653 of the Communications Act of 1934 As Amended (47 U.S.C. 573). It is the intent of this provision to give the broadest possible application to the requirement of a Franchise to be issued by the Agency as is permissible under applicable State and federal law. 10.74.040 General Characteristics of Franchise. Any Franchise issued by the Agency pursuant to the provisions of this Chapter, shall be deemed to: 1. Authorize utilization of the Streets for the public or quasi -public purpose of installing Telecommunications Facilities; 2. Be nonexclusive, and neither expressly nor impliedly be deemed to preclude the issuance of subsequent and additional franchises to place Telecommunications Facilities within the Streets within the Marin Community; 4 3. Be for a term prescribed by the Agency as issuing authority (including any optional renewal term or optional extension) which shall not extend beyond December 31, 2027; and 4. Include provisions for the payment of the maximum lawful level of franchise fees and, in the case of "open video systems" as defined in Section 653 of the Communications Act of 1934 As Amended (47 U.S.C. 573), the maximum lawful level of "in lieu" fees pursuant to Section 653(c)(2)(13)). Such a Franchise shall not be deemed to authorize or either expressly or impliedly permit the Franchisee, except with the consent of the owners, to provide or install Telecommunications Facilities upon private property, including, but not limited to apartment complexes, condominiums, mobile home parks and residential subdivision developments with private roads, provided that this paragraph shall not be construed to prohibit a Franchisee from entering upon or utilizing private property as an incident to its use of the Streets to the extent entry or use is expressly or impliedly authorized by the right conferred by a Franchise issued by the Agency to occupy the Streets. Such a Franchise shall not be deemed to either expressly or impliedly restrain, restrict or delimit the authority of the Constituent Jurisdictions to exercise their police power authority over cellular telephone antenna and transmitter siting. Any Franchise for the provision of Cable Television Services by Cable Television Systems shall require the Cable Television System to report the number of Subscribers served thereby on a regular and periodic basis. 10.74.050 Franchise as Contract. A Franchise issued by the Agency pursuant to the provisions of this Chapter shall be deemed to constitute a contract between the Franchisee and the Agency. Each Franchisee shall be deemed to have contractually committed itself to comply with the terms, conditions and provisions of the Franchise Documents, and with all rules, orders, regulations, and determinations applicable to the Franchise which are issued, promulgated or made pursuant to the provisions of this Chapter. The regulatory authority conferred by the provisions of this Chapter, including the power to issue regulations and to amend the provisions of this Chapter as reserved under Section 10.74.270 below, shall constitute a reserved authority to the Agency under any Franchise issued by the Agency. No Franchisee under any Franchise issued by the Agency shall have any right to restrain, restrict or delimit the right or power of the Constituent Jurisdictions to amend the provisions of this Chapter. 10.74.060 Franchise Areas. The Franchise Area for any Franchise issued by the Agency under the provisions of this Chapter shall be defined by the Board of Directors of the Agency. No Franchisee shall be authorized by the provisions of this Chapter to construct, install or operate Telecommunications Facilities within the Streets of the Marin Community outside its designated Franchise Area. 10.74.070 Utility Poles and Structures. No Franchise issued by the Agency pursuant to the provisions of this Chapter shall be deemed to expressly or impliedly authorize the Franchisee to utilize poles or structures owned by any public or private utility which are or hereafter located within Streets, without the express consent of the utility. 10.74.080 Authority. With respect to the County and Municipalities enacting this Chapter, it is declared that this Chapter is enacted pursuant to the authority conferred by their charters, as applicable, and pursuant to the police powers conferred by Article X, Section 7 of the California Constitution for the promotion and protection of the peace, health, safety and general welfare of the citizens within their respective Constituent Jurisdictions. 10.74.090 Future Incorporations / Withdrawals. It is hereby declared that the unified process for the administration of Franchises issued pursuant to the provisions of this Chapter is necessary for protection and promotion of the convenience and welfare of all of the citizens of the Marin Community, and that fragmentation in administration or right to administer such franchises resulting from the future incorporation of municipalities within the unincorporated area of the County or from the unilateral withdrawal of Constituent Jurisdictions from membership in the Agency would be detrimental to the convenience and welfare and the purposes of this Chapter. Therefore, the incorporation of any municipality within the unincorporated area of the County or the withdrawal of any Constituent Jurisdictions from membership in the Agency (not resulting in the termination of the Agency) during the initial term of any Franchise issued pursuant to the provisions of this Chapter shall not operate to either divest the Franchisee of its authority to install or provide services through its Telecommunications Facilities within the newly incorporated or withdrawing area or vest the newly -created municipality or the withdrawing Constituent Jurisdiction with any administrative or other authority whatsoever respecting operations by the Franchisee under the Franchise. During such initial term, the Agency shall continue to administer the provisions of this Chapter for the benefit of the inhabitants of a newly incorporated or withdrawing area in the same manner as if the area had not been incorporated or if the Constituent Jurisdiction had not withdrawn except that the Net Franchise Fees allocable to the newly incorporated area shall be paid to the newly incorporated jurisdiction rather than to the Constituent Jurisdictions from which it was formed. Notwithstanding the foregoing, a duly appointed member of the governing body of a withdrawing jurisdiction may continue to participate and vote in actions coming before the Agency after withdrawal which pertain solely and exclusively to a Franchise in which a Franchisee has installed and is providing services through at least a portion of its Telecommunications Facilities, which are located within the jurisdiction of the withdrawing jurisdiction (such a Franchise hereinafter an "Affecting Franchise"), provided that nothing in this sentence shall authorize the member appointed by the withdrawing jurisdiction to participate or vote in any matters pertaining to or having an effect upon more than a single Affecting Franchise. In the event that a Constituent Jurisdiction should withdraw and that withdrawal should become effective before a cable television franchise assigned to the Agency as a part of its initial entry shall have been renewed, extended or otherwise materially amended, the Agency shall reassign said franchise and the Franchise Fees derived therefrom shall continue to be paid to the Constituent Jurisdiction which was the franchisor prior to the Effective Date. n Upon expiration of the initial term of a Franchise, the provisions of this Chapter shall cease to be applicable to that portion of the Telecommunications Facilities and the operations by the Franchisee thereof within the municipal limits of any municipality which is incorporated subsequent to the commencement of the initial term or within the territorial limits of any Constituent Jurisdiction which has unilaterally withdrawn from membership in the Agency. The Marin Community shall not be deemed to include any area within the limits of a municipality incorporated after the date this Chapter becomes effective and prior to the filing of the certificate of acceptance of any Franchise. 10.74.100 Annexations. The annexation by a municipality which has either not enacted this Chapter or is not a member of the Agency of unincorporated area of the County during the initial term of any franchise issued pursuant to the provisions of this Chapter shall not operate to either divest the Franchisee of its authority to install or provide services through its Telecommunications Facilities within the annexed area or vest the municipality with any administrative or other authority whatsoever respecting operations by the Franchisee under the franchise. During the initial term, the Agency shall continue to administer the provisions of this Chapter for the benefit of the inhabitants of the annexed area in the same manner as if the area had not been annexed. Upon expiration of the initial term of a franchise, the provisions of this Chapter shall cease to be applicable to that portion of the Telecommunications Facilities and the operations by the Franchisee thereof within any area which has been annexed by such a municipality. The Marin Community shall not be deemed to include any area annexed by such a municipality subsequent to the date this Chapter becomes effective and prior to the filing of the certificate of any franchise. 10.74.110 Ordinances / Police Power. All zoning and other land use ordinances, building, electrical, plumbing and mechanical codes, business license ordinances and all other ordinances of general application now in existence or hereafter enacted by the Governing Bodies of the Constituent Jurisdictions (hereinafter "Ordinances") shall be fully applicable to the exercise of any Franchise issued by the Agency pursuant to the provisions of this Chapter, and the Franchisee shall comply therewith. In the event of a conflict between the provisions of this Chapter or a Franchise issued by the Agency pursuant hereto and those of any specific provision of the Ordinances of a Constituent Jurisdiction, the specific provisions of such Ordinances shall prevail. 10.74.120 Operability / Amendments. The provisions of this Chapter shall not become effective or operable unless said provisions are enacted in substantially identical form by (a) the County of Marin, (b) the City of San Rafael, and (c) at least six (6) of the remaining Constituent Jurisdictions and become fully effective therein on or before July 1, 1998. If the provisions of this Chapter are enacted in substantially identical form by (a) the County of Marin, (b) the City of San Rafael, and (c) at least six (6) of the remaining Constituent Jurisdictions and become fully effective therein on or before July 1, 1998, the provisions of this Chapter shall become effective and the Agency shall come into existence on July 1, 1998 (hereinafter "the Effective Date"). As to those Constituent Jurisdictions which enact the provisions of this Chapter after the Effective Date hereof, the provisions of this Chapter shall become applicable within the geographic 7 boundaries of each of the Constituent Jurisdictions upon the enactment by the Governing Body of each such Constituent Jurisdiction of the provisions of this Chapter in substantially identical form. From and after the Effective Date, no addition to, deletion from, alteration of the provisions of, repeal or other amendment of this Chapter shall become effective unless each amendment or repeal is enacted by the Governing Body of a majority of the Constituent Jurisdictions who are then members of the Agency. After enactment of the provisions of this Chapter by a Governing Body of a Constituent Jurisdiction, no addition to, deletion from, alteration of the provisions of, repeal or other amendment of this Chapter enacted by the Governing Bodies of the other Constituent Jurisdictions shall become effective within the boundaries of any of said Constituent Jurisdictions unless and until such amendment is enacted by the Governing Body of the particular Constituent Jurisdiction. 10.74.130 Right to Amend. Except as hereinafter provided, in the absence of an emergency, and without the consent of the Franchisee, the provisions of this Chapter shall not be altered or repealed as applied to a Franchise issued by the Agency for which a certificate of acceptance has been filed in compliance with the provisions thereof and in advance of the effective date of the alteration or repeal. 10.74.140 Franchisor. Any Franchise issued by the Agency pursuant to the provisions of this Chapter shall be in the name of the Agency as the franchisor. Any Franchise issued by any of the Constituent Jurisdictions prior to the Effective Date hereof shall be deemed to merge into and devolve upon the Agency as of the Effective Date hereof pursuant to the provisions of Section 10.74.260 of this Chapter and shall thereafter be deemed to be in the name of the Agency as franchisor, provided that the cable television franchise issued by Novato to Chambers Cable of Southern Cal., Inc., an Oregon corporation, shall not be deemed to merge into and devolve upon the Agency except upon (1) the option of Novato or (2) the date upon which it comes under substantially common ownership with the TCI Franchises issued by the other Constituent Jurisdictions and provided further that until such time as that Franchise shall have been renewed, extended or otherwise materially amended, the Agency shall direct the Franchisee to pay all franchise fees due thereunder directly to the Constituent Jurisdiction. 10.74.150 Communications with Regulatory Agencies. Copies of all petitions, applications, communications and reports submitted by a Franchisee to the FCC, Securities and Exchange Commission, Public Utilities Commission or any other Federal or State regulatory commission or agency having jurisdiction in respect to any matters affecting construction or operation of Telecommunications Facilities within the Marin Community, also shall be filed simultaneously with the Clerk of the Board of Directors of the Agency. Copies of responses or any other communications from the regulatory agencies to a Franchisee relating to such matters shall likewise be filed immediately on receipt with said Clerk. 10.74.160 Right of Intervention. The Agency shall have the right of intervention in any suit or proceedings touching upon Telecommunications Facilities within the Marin Community to any degree whatsoever and to which a Franchisee is a party, and the Franchisee shall not oppose such intervention by the Agency. 10.74.170 Limitation of Actions. Except as otherwise expressly provided by this Chapter, any judicial proceeding, whether for the recovery of damages or otherwise, brought for the purpose of adjudicating the validity of any provision of this Chapter or amendments thereof shall be commenced not later than thirty (30) calendar days following the Effective Date hereof. Any such judicial proceeding brought for the purpose of adjudicating the validity of any ordinance, resolution, rule, order, regulation, determination or arbitration award of the Agency which purports to have been made pursuant to the delegation of the provisions of this Chapter or pursuant to the provisions of any of the other Franchise Documents shall be commenced not later than thirty (30) calendar days following date of enactment, adoption, issuance or making of such ordinance, resolution, rule, regulation, determination or arbitration award. No judicial proceeding shall be commenced in violation of the limitations prescribed by this Section. The provisions of this Section shall not be applicable to any judicial proceeding, whether for the recovery of damages or otherwise, commenced by the Agency, County or Municipalities for breach or enforcement of the provisions of this Chapter or any regulation, determination or arbitration award purporting to have been issued thereunder. 10.74.180 Changes in Law. Should the State of California or any agency thereof, the United States or any Federal agency or any State or Federal Court require either the Agency, County, Municipalities or a Franchisee to act in a manner which is inconsistent with any provisions of the Franchise Documents relating to any Franchise or withdraw or otherwise impair the authority of the Agency to act in respect to the provisions of the Franchise Documents relating to any Franchise, the Board of Directors of the Agency shall be authorized to determine whether a material provision of the Franchise Documents is affected in relation to the rights and benefits conferred by the Franchise Documents upon the Agency, County, Municipalities or the public. Upon such determination, the Franchise Documents shall be subject to modification or amendment to such extent as may be reasonably necessary to carry out the full intent and purposes thereof in relation to the rights and benefits of the Agency, County, Municipalities or the public and in relation to such State, Federal or judicial requirement. The Board of Directors of the Agency may terminate a Franchise issued pursuant to the provisions of this Chapter if it determines after consultation with the Franchisee that substantial and material compliance with the Franchise Documents in relation to the rights or benefits of the Agency, County, Municipalities or the public has been frustrated by such a State, Federal of judicial requirement. SUB -CHAPTER 2 AGENCY 10.74.200 Establishment of Agency. Pursuant to the provisions of Title 1, Division 7, Chapter 5 of the Government Code, (commencing with Section 6500), there shall be established a separate and distinct public agency to be known as the MARIN TELECOMMUNICATIONS AGENCY (herein referred to as the "Agency"). 0 10.74.210 Membership. The Agency shall be formed by and consist of, as members, the Constituent Jurisdictions to the extent that such Constituent Jurisdictions shall have enacted the provisions hereof in identical form. 10.74.220 Board of Directors. All of the powers and authority of the Agency shall be vested in a Board of Directors which consists of up to twelve (12) members, one (1) each appointed by the Governing Body of each of the Constituent Jurisdictions in the Marin Community which shall have adopted the provisions hereof in identical form. The members so appointed must be a member of the Governing Body of that Constituent Jurisdiction at all times during his or her service as a member of the Board of Directors of the Agency. The terms of the appointment of each member shall be as established by the governing Body of that Constituent Jurisdiction. Each Constituent Jurisdiction shall be authorized to appoint an alternate representative to attend meetings of the Board in the absence of the member, and, during such meetings, vote and exercise all other powers of the member. Such an appointment shall be effective when the Constituent Jurisdiction files with the Clerk of the Board of Directors a written notice which identifies by name and residential address the alternate representative who has been appointed. Such alternate representatives shall serve at the pleasure of the Constituent Jurisdictions who appoint them, and such appointments may be revoked by the filing of a written notice of revocation with the Clerk of the Board of Directors and reciting revocation of the appointment of a designated alternate representative. 10.74.230 Resignation of Members of Board of Directors. Any member of the Board of Directors may resign by giving written notice filed with the Clerk of the Board of Directors. The successor to the resigning member shall be selected by and shall serve at the pleasure of the Governing Body of the Constituent Jurisdiction which appointed the resigning member. 10.74.240 Existence. The Agency shall not come into existence unless the provisions of this Chapter are enacted by the number and composition of the Constituent Jurisdictions specified in Section 10.74.120 above and become fully effective therein on or before July 1, 1998. If the provisions of this Chapter are enacted in substantially identical form by the number and composition of the Constituent Jurisdictions specified in Section 10.74.120 above and become fully effective therein on or before July 1, 1998, the Agency shall come into existence on July 1, 1998. 10.74.250 Purposes. The purposes of the Agency shall be as follows: 1. To implement by ordinance, resolution, rule, order, regulation, and determination, the purposes of this Chapter as set forth in Section 10.74.010; 2. To administer pursuant to the terms and conditions of the Franchise Documents, any Franchise issued by the County or Municipalities prior to the establishment of the Agency as successor franchisor and irrevocable agent -in -fact for the Constituent Jurisdiction which initially granted the Franchise; 10 3. To administer pursuant to the terms and conditions of the Franchise Documents, any Franchise issued by the Agency pursuant to the provisions of this Chapter; 4. To exercise any and all powers of the Constituent Jurisdictions which any of them could have exercised independently in relation to Telecommunications Facilities; 5. To exercise any and all powers now or hereafter granted to joint powers agencies by the general law of California, including without limitation those specified in Title 1, Division 7, Chapter 5 of the Government Code, (commencing with Section 6500); and 6. To exercise any and all other powers conferred by any Franchise Documents. 10.74.260 Assignment and Merger of Existing Franchises. The Constituent Jurisdictions do, by the enactment hereof, merge, delegate, transfer, assign and grant, to the fullest extent allowed by law, all rights, benefits, duties and obligations as franchisor in any Franchise which was granted by the respective Constituent Jurisdiction prior to the Effective Date hereof, including by way of example and not by way of limitation the Franchise for cable television issued by City of San Rafael on or about January 20, 1986 and presently held by Tele-Vue Systems, Inc. as Franchisee, provided that any such merger, delegation, transfer, assignment and grant shall not affect to any degree whatever the duties and obligations of the Franchisee thereunder and provided further that until such time as that Franchise shall have been renewed, extended or otherwise materially amended, the Agency shall direct the Franchisee to pay all franchise fees due thereunder directly to the Constituent Jurisdiction. In the event that any such merger, delegation, transfer, assignment and grant would be deemed to affect the duties and obligations of the Franchisee, then in lieu of such specific merger, delegation, transfer, assignment and grant, the Constituent Jurisdiction shall be deemed, by the enactment hereof, to have irrevocably appointed the Agency as its exclusive agent and attorney-in-fact with respect to the rights, benefits, duties and obligations of that Constituent Jurisdiction as franchisor. 10.74.270 Delegation of Powers / Constituent Jurisdictions. The Constituent Jurisdictions do, by the enactment hereof, authorize, delegate and grant the Agency, to the fullest extent allowed by law any power common to the Constituent Jurisdictions, including without limitation, the power to enact ordinances, the power to adopt resolutions, the power to promulgate rules and regulations, even though such common power may not be exercisable by each such contracting party in the geographical area in which such power is to be jointly exercised, provided that nothing in the foregoing is intended to delegate to the Agency the powers of the Constituent Jurisdictions to regulate the siting of cellular telephone antennas and transmitters. In exercising the power to enact ordinances, the Agency is jointly exercising a power common to all of the Constituent Jurisdictions and is administratively implementing a legislative determination of the Constituent Jurisdictions that the management of the local rights of way in terms of the demands of the various and competing forms of telecommunications demands a regional approach. 10.74.280 Delegation of Powers / Agency. The Board of Directors of the Agency shall be authorized to form and appoint advisory and other committees of citizens, officials or 11 representatives of concerned interests, and delegate to each committee such powers and authority vested in it by the terms of this Chapter as it deems appropriate; provided that the Board of Directors shall reserve the right and authority by means of appeal or otherwise, to make the final decision upon any matter relating to issuance or termination of a Franchise issued pursuant to the provisions of this Chapter or the administration thereof upon which a discretionary determination is authorized or required. Nothing in the foregoing shall be deemed to prevent the Board of Directors from delegating powers to an administrative committee of the Board for the purposes of program development, policy formulation and program implementation (and such other and further purposes as may be allowed by law) pursuant to the provisions of government Code section 6508. In such an instance, the committee shall be composed of five (5) members of the Board as follows: (a) one (1) member representing the County of Marin or the City of San Rafael, (b) two (2) members representing South Marin Jurisdictions, (c) one (1) member representing a Ross Valley Jurisdiction and (d) one (1) member representing any Constituent Jurisdiction not otherwise represented on the committee. 10.74.290 Agreement of Formation. The Agency shall be deemed to be created upon execution by each member thereof of an Agreement of Formation, on or before the Effective Date, as described in Section 10.74.120. DIVISION 2: Upon this Ordinance becoming effective and operable on the Effective Date, as described in Section 10.74.120, the City of San Rafael hereby consents to the termination of MCCRRJPA pursuant to the provisions of section 21.1 of the MCCRRJPA Agreement of Formation. DIVISION 3: If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause or phrase be declared invalid. DIVISION 4: A summary of this Ordinance shall be published and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to the Council meeting at which it is adopted. This Ordinance shall be in full force and effect thirty (30) days after its passage, and the summary of this Ordinance shall be published within fifteen (15) days after the adoption, together with the names of the Councilmembers voting for or against the same, in a newspaper of general circulation published and circulated in the City of 12 San Rafael, County of Marin, State of California. Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the City Clerk, a certified copy of the full text of this Ordinance along with the names of those Councilmembers voting for against this Ordinance. BARBARA HELLER, Vice -Mayor ATTEST: JEA dT E M. LEONCINI, City Clerk The foregoing Ordinance No. 1719 was read and introduced at a Regular Meeting of the City Council of the City of San Rafael, held on the 1" day of December, 1997, and a summary of said Ordinance was ordered passed to print by the following vote to wit: AYES: Councilmembers: Cohen, Miller & Vice -Mayor Heller NOES: Councilmembers: None ABSENT: Councilmembers: Phillips DISQUALIFIED: Councilmembers: Mayor Boro (due to POTENTIAL conflict of interest) and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of the Council to be held on the 15°i day of December, 1997. (11/26/97) r�.r-Q �+ JEAM. LEONCINI, City Clerk 13