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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 -2- 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) 2 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 CLERK CLgKK CLgRK (DRAFT/8/19/86) 10 T' [I II CLERK CL~:RK CL~F,K CL~;~ CL~RK CLERK CL'~RK CLERK CLs:F,K CLERK (DRAFT/8/19/86) 11