HomeMy WebLinkAboutReso 182-1986 RESOLUTION NO. 182-86
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION APPROVING A JOINT POWERS AGREEMENT
CREATING THE PENINSULA STREET LIGHT AUTHORITY
WHEREAS, the City of South San Francisco currently owns 1,329 street lights
and PG&E owns 2,101 street lights for which the City pays PG&E almost $200,000
per year for energy and maintenance; and
WHEREAS, if the City owned the lights presently owned by PG&E, the annual
cost to the City for energy and maintenance would be approximatly $71,000; and
WHEREAS, the communities of Belmont, Brisbane, Burlingame, Daly City, Half
Moon Bay, Millbrae, Pacifica, San Bruno and San Carlos, find themselves in a
similar situation; and
WHEREAS, all of the enumerated agencies and South San Francisco agree that
it is in the public interest to acquire the street light facilities so that the
same level of street lighting may be provided at a lower cost; and
WHEREAS, pursuant to Government Code Section 6500, et. seq., the local
agencies have the authority to enter into a joint powers agreement 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 individual local agencies;
NOW, THEREFORE, BE IT RESOLVED by the City Council that the City of South
San Francisco should participate in the Peninsula Street Light Authority and
that the Mayor is authorized to execute the agreement attached as Exhibit "A".
T' TT Il
I hereby certify that the foregoing Resolution was regularly introduced and
adopted by the City Council of the City of South San Francisco at a regular
meeting held on the 12th day of November , 19 86 by the following vote:
AYES: Councilmembers Mark N. Addieqo, John "Jack" Drago. Gus Nicolopulos.
and Roberta Cerri Tealia
NOES: None
ABSENT: Richar~ A. Haffey
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EXHIBIT A TO RESOLUTION NO. 182-86
JOINT EXERCISE OF POWERS AGREEMENT
CREATING
PENINSULA STREET LIGHT AUTHORITY
THIS AGREEMENT is made and entered into this
12th day of November , 1986, by and between the
following loca{ agencies: Millhrae, San Bruno, Burlingan~,
Belmont, San Carlos, Daly City, Pacifica, South San Francisco,
Brisbane, Half M~on Bay
RECITALS
THIS AGREEMENT is undertaken by these ~ocal
agencies because' they wish to jointly proceed in ac-
quiring street lighting facilities presently owned by
Pacific Gas and 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 pro-
vided at a lower cost.
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
(DRAFT/8/19/86) 1
task of acquiring, operating the street lighting facil-
ities during the pendency of an eminent domain action
against PG&E, and subsequently transferring the facil-
ities to the local agencies.
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.
SECTION 2. NAME OF ENTITY
Pursuant to the authority granted by sections
6500 throUgh 6515, inclusive, of the Government Code,
there is created the PENINSULA STREET LIGHT AUTHORITY
( "PSLA" ) .
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
.PSLA are transferred to the local individual agencies or
(DRAFT/8/19/86)
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all the local agencies agree in writing that this
agreement should terminate.
SECTION 4. GOVERNING BOARD
The Governing Board shall consist of the
City Manaqers, or their designee, of each Citv party to
the A~reemant.
Should a Governing Board member lose his/her perspective
jurisdiction, the remaining members of the Board 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
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 Govern-
ment Code).
Minutes of regular, adjourned regular and
special meetings of the Governing Board shall be kept by
the Executive Officer and said minutes shall be for-
warded to each member of the Board within thirty (30)
days after each meeting.
(DRAFT/8/19/86) 3
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
following powers:
b.
the Authority;
obligations;
Governing Board shall have the
Make and enter into contracts;
Preparation of an annual budget for
Incurrence of debts, liabilities and
d. Acquire, hold and dispose of real
and personal property;
e. Receive contributions and donations
of property, funds, services and other forms of assis-
tance from any source;
f. Sue and be sued in its own name;
g. Lease real and personal property,
imcluding'"that of a party to this Agreement; and
h. The Board may do all things neces-
sary and lawful to carry out the purpose of this Agree-
ment.
2. The Governing Board shall have the
following duties:
a. Contract with an appropriate-orga-
nization to assist PSLA in acquiring the street-light
facilities; and
(DRAFT/8/19/86) 4
b. Contract with an appropriate orga-
nization to assist PSLA in operating and maintaining the
street light facilities.
SECTION 6. PROJECT OF THE PSLA
While the PSLA possesses all the powers
discussed in Section 5 above, without a limitation on
the foregoing, it is the intention of the PSLA 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 PSLA
comes into possession of the facilities through ~ome
other mechanism until the eminent domain action' against
PG&E is concluded with a final judgment entered and all
appeals exhausted.
3. After the litigation is concluded, as
discussed' above, possession and title to all street
lighting facilities within the jurisdiction of a partic-
ular local agency shall pass to that individual local
agency.
4. 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
(DRAFT/8/19/86) 5
expenses or costs divided by the fraction contained in
Section 7. Additionally, any funds contributed to the
PSLA 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 or 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 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.
(DRAFT/8/19/86) 6
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:
Total Number of Street Lights in Individual Jurisdiction
Total Number.of Street Lights to be Acquired by PSLA
is hereby designated to be the depository and have
custody of all the money of the PSLA 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 PSLA and place it in the treasury of the County to
the credit of the PSLA.
b. Be responsible upon his official
bond for the safekeeping and disbursement of all PSLA
money so held by him;
c. Pay any outstanding obligations of
the PSLA from the PSLA money, or-any portion thereof,
only upon warrants of the public officer performing the
functions of auditor or controller who has been desig-
nated 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 PSLA and to the parties to this Agreement,
SECTION 8. TREASURER OF PSLA
The Treasurer sba~lbeappointedbytheGoverningBoardand
(DRAFT/8/19/86)
powers, duties and responsibilities
6505 of the Government Code.
2. The Controller shall
maintain the funds and accounts in
specified in
the amount of money he holds for the PSLA, the amount of
receipts~ since his last report, and the amount paid out
since his last report.
sECTIoN 9. CONTROLLER OF PSLA; ACCOUNTS AND RECORDS
1. The Controller of the'PSLA be designated
by the.Governing. Board. He has the
section
establish and
accordance with
acceptable accounting practices and shall maintain such
other records as the Governing Board shall require.
3. Books and records of the PSLA shall be
open to inspection at all reasonable times by repr~sen-
'tatives 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 activ-
ities for that fiscal year.
SECTION 10. EXECUTIVE OFFICER
There shall be an Executive Officer who shall
be responsible for the administration of PSLA.
The Executive Officer may be removed for any
reason by three (3) votes of the Governing Board.
SECTION 11. FISCAL YEAR AND ANNUAL BUDGET
The fiscal year of the PSLA shall be July 1 of
each calendar year through and including June 30 of the
(DRAFT/8/19/86) 8
succeeding calendar year. The Governing Board shall
adopt the first annual budget prior to the PSLA con-
tracting for any maintenance services as provided
elsewhere in this Agreement. Subsequent annual budgets
shall be adopted by the Governing Board not later than
~he 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 PSLA. The
cost of such bond shall be paid by the PSLA.
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.
(DRAFT/8/19/86) 9
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 PSLA.
SECTION 16. AMENDMENT
This Agreement may be amended only by the
written consent of all agencies party to this Agreement.
IN WITNESS WHEREOF, the iocal agencies have
executed this Agreement as of the day and year described
above.
ATTEST
CLERK
CLERK
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(DRAFT/8/19/86) 10
T' [I II
CLERK
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CL~RK
CLERK
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CLERK
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CLERK
(DRAFT/8/19/86)
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