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HomeMy WebLinkAboutCC Resolution 8228 (Transfer of Street Lights)RESOLUTION NO. 8 2 2 8 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING EXECUTION OF TRANSFER BY CON- VEYANCE AND AMENDED JPA AGREEMENT FOR TRANS- FER OF STREET LIGHTS TO THE MARIN STREET LIGHT ACQUI- SITION JOINT POWERS AUTHORITY WHEREAS, the Board of Directors of the Marin Street Light Acquisition Joint Powers Authority (JPA) in conjunction with Marin Public Works Agencies (MPWA) and the City Managers, have been researching the issue of transferring existing and future street lights to said JPA; and WHEREAS, since the purchase of street lights from P.G&E., many new lights have been installed and dedicated to member agencies within said JPA; and WHEREAS, said newly installed street lights are not covered by JPA's liability insurance; and WHEREAS, JPA has determined that in the best interest of the JPA and its member agencies, all existing member agency street lights be transferred to the JPA and that all future lights be dedicated to said JPA; and WHEREAS, both MPWA and the City Managers are in support of these proposed changes. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of Vice the City of San Rafael that the/Mayor and City Clerk are hereby authorized to execute a Transfer of Conveyance, conveying City's existing street light system in its entirety to the JPA, and to record said Transfer. Vice BE IT FURTHER RESOLVED that said/Mayor and City Clerk are authorized to execute the amended Joint Exercise of Powers Agreement Creating Marin Street Light Acquisition Joint Powers Authority, providing for said conveyance and future dedication of street lights to said JPA. O�iIGINRt �,�.�g BE IT FURTHER RESOLVED that the Director of Public Works is authorized to execute, on behalf of the City of San Rafael, all future offers of dedication of new street lights to said JPA. I, JEANNE. M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on Tuesday, the 4th day of September, 1990, by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Shippey & Mayor Mulryan %%• JE M. LEON ',�City'Clerk Recording requested by FARHAD MANSOURIAN Executive Director Marin Street Light Acquisition Joint Powers Authority County of Marin Department of Public Works P. O. Box 4186 Civic Center San Rafael, California 94913 When recorded mail to FARHAD MANSOURIAN Executive Director Marin Street Light Acquisition Joint Powers Authority County of Marin Department of Public Works P. O. Box 4186 Civic Center San Rafael, California 94913 TRANSFER BY CONVEYANCE For Valuable Consideration, receipt of which is hereby acknowledged, the local agency of City of San Rafael hereby conveys all those certain street light, poles, luminaries and associated wiring as identified in the attached Exhibit A to the Marin Street Light Acquisition Joint Powers Authority. By this conveyance, City of San Rafael hereby gives all rights, duties, obligations and liabilities of ownership to the Marin Street Light Acquisition Joint Powers Authority. Executed on September 7, 1990 Attest: t W. Aoe; Signar.ure Vice Mayor Title Clerk CC)p State of California County of On this before me, Acknowledgement day of in the year 1989, the undersigned Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same. Notary's Signature (Seal) STATE OF CALIFORNIA ) SS. COUNTY OF MARI N ) On this 7TH day of SEPTEMBER , 1990 , before me, JEANNE M. LEONCINI, a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared DOROTHY L. BREINER , personally known to me 4-w=-pn-wed-to-Me--GR -the -bas*s-ef-satisfaste-ry- -ev-94enee-) to be the Vice N.ayor of the City of San Rafael that executed the within document and acknowledged to me that said City of San Rafael did execute the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. _ �. 0 --ICILAL 5E } 1EANNE .77. r_Elj NICINI W ' NOTARY J: IC 0l1! iFORNIA ' {4�J�iiiN COUNTY �- ``� My Comm. Exp iron Nov. 29, 1991 JEANNE`N�rONCIN Nb RY PUBLIC in and for 1000 5thAva.,P.0.8 6o,sani��fa cn9491 0. said County and State JOINT EXERCISE OF POWERS AGREEMENT CREATING MARIN STREET LIGHT ACQUISITION JOINT POWERS AUTHORITY THIS AGREEMENT is made and entered into this day of , 19 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, CITY OF SAUSALITO AND TOWN OF CORTE MADERA. 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 s 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 action against PG&E, and subsequently transferring the facilities to the local agencies. 1 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 Code. 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. 3. Additionally, the separate entity may consider and initiate other special projects as determined appropriate by a majority of the member agencies. SECTION 2. NAME OF ENTITY 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. TERM OF AGREEMENT 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 should terminate. PA SECTION 4. GOVERNING BOARD 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 Public 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 respective jurisdiction, the City Manager group (if the Director was a Manager) or Public Works Director group if the Director was a Public Works Director) shall appoint a replacement. The Governing Board shall hold 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 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 minute -s shall be forwarded to each member of the Board within thirty (30) days after each meeting. Each member of the Governing Board shall have one vote, and three votes are required to validate any action of the Board. 3 SECTION S. 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 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 b. Contract with an appropriate organization to assist MSLAJPA in operating and maintaining the street light facilities. 4 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 MSLAJPA to proceed in the following manner: 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. 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 expenses or costs divided by the fraction contained in Section 7. Additionally, any funds contributed to the MSLAJPA 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 Immediate Possession shall be refunded in accordar,!e with the law. 4. 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. 9 5. 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 Power Authority itself from the litigation and indemnify them for any ensuing damages. 6. Additionally, the MSLAJPA may involve itself in other special projects, not otherwise expressly prohibited by law, which are authorized by a majority of the member agencies. 7. In accordance with Section 6508.1 of the Government Code, the parties hereby agree that since they have obtained an insurance policy to cover all liability for acts or omissions by the MSLAJPA, the parties specifically agree that the debts, liabilities and the obligations of the MSLAJPA shall not be the debts, liabilities and obligations of the parties to the Agreement. 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 R The Executive Officer is authorized to pay all budgeted expenses authorized by the member agencies and approved by the Governing Board from existing MSLAJPA funds. Any additional costs relating to special projects undertaken by the JPA will be funded only by those member agencies having agreed to participate in the project and on a pro rata basis based upon the proportionate benefits received. SECTION 8. TREASURER OF MSLAJPA 1. The Treasurer of the County of Marin is hereby designated to be the depository and have custody of all the money of the MSLAJPA without 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 MSLAJPA 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 ther-eof, 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 MSLAJPA, the amount of receipts since his last report, and the amount paid out since his last report. 7 SECTION 9. CONTROLLER OF MSLAJPA; ACCOUNTS AND RECORDS 1. The Controller for the County is hereby designated the Controller of the MSLAJPA. 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 maintain such other records as the Governing Board shall require. 3. Books and records of the MSLAJPA shall 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 MSLAJPA. Executive Officer is nominated by the County Public Works Director and ratified by the majority vote of the Governing Board of MSLAJPA. The Executive Officer may be removed for any reason► by three (3) votes of the Governing Board. :3 SECTION 11. FISCAL YEAR AND ANNUAL BUDGET The fiscal year of the MSLAJPA shall be July 1 of each calendar year through and including June 30 of the succeeding calendar year. The Governing Board shall adopt the first annual budget prior to the MSLAJPA 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 MSLAJ-PA. The cost of such bond shall be paid by the MST•AJPA. 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 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 MSLAJPA. 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 COMMUNIT`! SERVICES DISTRICT CITY OF BELVEDERE TOWN OF FAIRFAX ATTEST CLERK ATTEST: CLERK CLERK CLERK CLERK CLERK CLERK FM:gk1484 11 CITY OF MILL VALLEY CITY OF SAN RAFAEL Vice Mayo oro y ZJrelner TOWN OF TIBURON CITY OF NOVATO CITY OF LARKSPUR TOWN OF SAN ANSELMO CITY OF SAUSALITO TOWN OF CORTE MADERA