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HomeMy WebLinkAboutResolution No. 6159 RESOLUTION NO. 6158 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ESTABLISHING AN UNDERGROUND UTILITY DISTRICT FOR THE NORTHERLY AND SOUTHERLY SIDES OF IMPERIAL HIGHWAY FROM THE WESTERLY CITY LIMIT TO THE EASTERLY CITY LIMIT. WHEREAS,pursuant to Resolution No. 6150, a Public Hearing was held on April 28, 1998, by the City Council of the City of Downey to determine whether the public necessity, health, safety and welfare require the removal of poles, overhead lines, and associated overhead structures within the Imperial Highway corridor of the City; and WHEREAS,notice of such hearing was given in the manner required by law; and WHEREAS, such hearing has been duly held on April 28, 1998, and all persons interested were given an opportunity to be heard. NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS: SECTION 1. That it hereby finds and determines that the public necessity, safety and welfare require the removal of poles, overhead wires and associated structures and the underground installation of wires and facilities for supplying electrical, communication, or similar services in the City of Downey along the entire length of Imperial Highway from the westerly city limits to the easterly city limits, as shown on Plan No. 3-35-28 for the following reasons: (1) Imperial Highway is a major arterial highway which is exclusively used by the general public and carries a high volume of pedestrian and vehicular traffic; and III (2) Undergrounding will avoid and/or eliminate an unusually heavy concentration of overhead distribution facilities; and (3) Undergrounding will improve the reliability of utility services by removing the potential for loss of service due to wire separation and/or damage to supporting structures as a result of traffic accidents, fire, earthquakes,winds,inds, or other acts of God. RESOLUTION NO. 6159 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THAT CERTAIN AGREEMENT ENTITLED "JOINT EXERCISE OF POWERS AGREEMENT OF THE GATEWAY CITIES COUNCIL OF GOVERNMENTS" WHEREAS, on August 13, 1996, the Downey City Council approved that certain Agreement entitled "Joint Exercise of Powers Agreement of the Gateway Cities Council of Governments, A Joint Powers Authority" (the "Agreement") for the purpose of creating an agency to provide a vehicle for the members of the agency to voluntarily engage in regional and cooperative planning and coordination of government services and responsibilities to assist the members in the conduct of their affairs. The goal and intent of the Gateway Cities Council of Governments (the "Council") being one of voluntary cooperation among cities for the collective benefit of cities in Southeast Los Angeles County; and WHEREAS, on September 9, 1997, the Downey City Council approved by minute action certain amendments to the agreement that changed the election term and date of the Chair and Vice Chair as well as added additional positions to the Executive Committee of the Board of Directors; and WHEREAS, at its meeting of August 11, 1997, the Board of Directors of the Gateway Cities Council of Governments adopted certain amendments to the Agreement, subject to ratification by the Members; and WHEREAS, the Downey City Council wishes to ratify the provisions proposed by the Board of Directors of the Council. NOW, THEREFORE, the City Council of the City of Downey does hereby resolve to amend that certain agreement entitled "Joint Exercise of Powers Agreement of the Gateway Cities Council of Governments," as follows: SECTION 1. Section 11 of the Agreement, entitled "Election of Chair and Vice Chair," is hereby amended to read as follows: "Section 11. Election of Chair and Vice Chair. The Chair shall be the chairperson of the Board, shall conduct all meetings of the Board and perform such other duties and functions as required of such person by provisions of applicable law, this Agreement, the Bylaws or by the direction of the Board. The Vice Chair shall serve as Chair in the absence of the Chair and shall perform such duties as may be required by provisions of applicable law, this Agreement, the Bylaws, or by the direction of the Board or the Chair. 1 RESOLUTION N0. 6159 APPROVED AND ADOPTED this 28th day of Apri 1 , 1998. BARBARA J. ILEY, 17 MAYOR ATTEST: '- , / ‘ ,' ifireyeze__ U! ITH E. MC DONNELL, CITY CLERK I HEREBY CERTIFY that the foregoing Resolution was duly adopted at a regular meeting of the City Council of the City of Downey thereof held on the 28th day of Apri 1 , 1998, by the following vote, to wit: AYES: 5 COUNCILMEMBERS McCarthy, McCaughan, Lawrence, Brazelton, Riley NOES: 0 COUNCILMEMBERS None ABSENT: 0 COUNCILMEMBERS None ABSTAIN: 0 COUNCILMEMBERS None TH E. MC DONNELL, CITY CLERK II I S:\WPWIN\AGDA0428\AMNDMENT.RES 3 • a RESOLUTION NO. 6159 At the first regular meeting of the Board, a Board Representative shall be elected to the position of Chair by the Board, and a different Board Representa- tive shall be elected to the position of Vice Chair of the Board. The terms of office of the Chair and Vice Chair elected at the first regular meeting of the Board shall expire at the regular meeting of the Board held in June 1998, or upon election of replacements. Thereafter, a Board Representative shall be elected annually to the position of Chair, and a different Board Representative shall be elected to the position of Vice Chair of the Board at the regular meeting of the Board held in June of each calendar year. Thereafter ther terms of office of the Chair and Vice Chair shall commence and expire at the regular meeting of the Board held in June of each calendar year. If there is a vacancy, for any reason, in the position of Chair or Vice Chair, the Board shall forthwith conduct an election and fill such vacancy for the unexpired term of such prior incumbent." SECTION 2. Section 12 of the Agreement, entitled "Creation of Executive Committee of the Board of Directors," is hereby amended to read as follows: "Section 12. Creation of Executive Committee of the Board of Directors. A. An Executive Committee of the Board of Directors ("Executive Committee") is created to act on behalf of the Board of Directors, between meetings of the Board, within the scope of the adopted budget and within basic policies of the Board. B. Members of the Executive Committee shall be the Chair and Vice- Chair of the Board of Directors and shall serve as the Chair and Vice-Chair of the Executive Committee. Ten additional Board representatives shall be elected by the Board of Directors to serve as members of the Executive Committee. Additional positions on the Executive Committee shall be the Mayor of the City of Long Beach and a Member of the Board of Supervisors of the County of Los Angeles. The Board of Directors shall encourage geographic equity with respect to Executive Committee membership." SECTION 3. The City Clerk shall certify to the adoption of this Resolution. SECTION 4. The City Clerk is hereby directed to transmit a certified copy of this resolution to Gateway Cities Council of Governments, ATTN: Richard Powers, 7300 Alondra Boulevard, Suite 103, Paramount, California 90723. 2