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