HomeMy WebLinkAboutCove Commission Funding Formulasr Contract No.00316
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INTEROFFICE MEMORANDUM
CITY OF PALM DESERT y�
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TO: HONORABLE MAYOR, CITY COUNCIL AND CITY MANAGE
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FROM: KEN WELLER, RISK MANAGER o A 0 44
SUBJECT: FIFTH AMENDMENT TO THE COVE COMMUNITIES SO \ n,
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DATE: JULY 10, 1997 vKC ria o
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Recommendation: a w s-
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By minute motion, approve the Fifth Amendment to the Cove Communities Services
Commission.
Background:
The cities of Indian Wells, Palm Desert and Rancho Mirage have enjoyed a history of mutual
cooperation and success in providing shared municipal facilities and programs. The three cities
have been in partners in the Cove Communities Joint Powers Authority(JPA) since 1981 for the
purposes of providing municipal facilities and services on a regional basis for the benefit of its
citizens. This joint partnership provides a variety of facilities and services to the residents and
businesses of the three communities, including:
Public Safety Law enforcement; fire prevention and protection; paramedic and
rescue services.
Recreational Cook Street sports complex;baseball fields at Civic Center Park;
Family YMCA of the Desert.
Cultural Children's Discovery Museum; Joslyn Senior Center.
Attached please find the Fifth Amendment to the Cove Communities Services Commission Joint
Powers Agreement that authorizes the Commission to act in the general areas of electric power
distribution. This amendment will require unanimous approval of each member City and City
Council.
THE HONORABLE MAYOR, CITY COUNCIL AND CITY MANAGER
JULY 10, 1997
PAGE 2
The new Subsection D. to the agreement, Electric Power is very broad in its scope and would
permit the Commission to engage in a number of options,ranging from exploring deregulation
alternatives to actually acquiring and operating public facilities to furnish electric power,just as a
municipal corporation is now able to do.
REVIEWED AND CONCUR:
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c: L R, RISK MANAGER RAY DIAZ, CITY AGER
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Attachment
FIFTH AMENDMENT TO THE JOINT POWERS AGREEMENT:
COVE COMMUNITY SERVICES COMMISSION
THIS FIFTH AMENDMENT to the Joint Powers Agreement Forming the Cove
Community Fire Commission, as amended and superseded by the Fourth and Comprehensive
Amendment thereto, is made as of this _ day of April 1997, by and among the cities of
Indian Wells, Palm Desert and Rancho Mirage (hereinafter collectively the "Cities").
RECITALS
WHEREAS, the Cities who are parties to this Fifth Amendment are municipal
corporations authorized to enter into a joint powers agreement pursuant to California
Government Code Sections 6500 et sec .; and
WHEREAS, the Cities have heretofore entered into such an agreement dated October
6, 1981 which has been subsequently amended, most recently by the Fourth and
Comprehensive Amendment which was entered into on November 9, 1992 and which, as so
amended, is hereinafter referred to as the "Joint Powers Agreement"; and
WHEREAS, the California legislature has enacted legislation calling for the
restructuring and partial deregulation of the electric power industry, which legislation is now
being implemented by the California Public Utilities Commission; and
WHEREAS, this deregulation and restructuring creates both opportunities and risks
for the Cities, as well as for their residents and businesses; and
WHEREAS, the Cities desire to utilize the Cove Community Services Commission
("Commission") to evaluate, and assist the Cities in responding to, the deregulation and
restructuring so as to protect and advance the interests of the Cities, their residents and
businesses; and
WHEREAS, an amendment to the Joint Powers Agreement is desirable in order to
clearly establish the Commission's authority to act in the area of electric power distribution.
NOW, THEREFORE, the parties hereto agree as follows:
Section 1. Section II "PURPOSES" of the Joint Powers Agreement is amended by
adding thereto a new Subsection D to read as follows:
"D. ELECTRIC POWER
The Commission shall have the authority to acquire and operate public
works and public utilities to furnish electric power to the Cities and to the
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residents and other consumers thereof granted to municipal corporations by
California Constitution Article XI, Section 9(a) and by Division 5, Chapter 1
of the California Public Utilities Code, commencing with Section 10001
thereof."
The Commission shall not enter into any contract regarding the
distribution or sale of electric power, other than a contract for consulting
services, without the affirmative vote of all members of the Commission. Nor
shall the Commission have any authority to alter or amend any franchise
heretofore granted by any of the Cities to a public utility without the prior
written consent of such City.
Section 2. Except as explicitly provided above, the provisions of the Joint Powers
Agreement are unchanged by this Fifth Amendment.
Section 3. This Fifth Amendment shall become effective upon its approval and
execution by the last of the Cities, as shown below.
CITY OF INDIAN WELLS
By: Date: , 1997
ATTEST: APPROVED AS TO FORM.
By: By:
CITY OF PALM DESERT
By: Date: , 1997
ATTEST: APPROVED AS TO FORM.
By: By:
CITY OF RANCHO MIRAGE
By: Date: , 1997
ATTEST: APPROVED AS TO FORM.
By: By:
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