City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2022-01978 11/29/2022 Consent Item 22.
(Pass for Publication) Ordinance Amending Sections 5.28.270 and 5.28.320 of the Sacramento City Code, Relating to Sacramento Metropolitan Cable Television File ID: 2022-01978
Location: Citywide
Recommendation: 1) Review proposed ordinance amending section 5.28.270 and 5.28.320 of Sacramento City Code relating to Sacramento Metropolitan Cable Television Commission; and 2) pass for publication the ordinance title per City Charter section 32(c) for consideration on December 6, 2022.
Contact: Darin Arcolino, Assistant IT Director, (916) 808-0403, [email protected]; Maria MacGungial, CIO, (916) 808-7998, [email protected], Information Technology Department
Presenter: None
Attachments:
1-Description/Analysis
2-Draft Ordinance (Redline)
3-Draft Ordinance (Clean)
Additional Description/Analysis
Issue Detail: The Sacramento Metropolitan Cable Television Commission (Commission) is a joint powers agency (JPA) formed by Sacramento County and cities within the County, including Sacramento, Elk Grove, Folsom, Citrus Heights, Rancho Cordova, Galt; with the exception of Isleton.
The Commission is responsible for administering state-issued cable/video franchises, assisting customers with cable complaints and issues, operating the local government channel Metro Cable 14, collecting franchise and public, education, and government (PEG) channel facilities fees, and providing support for the licensees that operate the Commission’s other six PEG channels. The JPA Agreement of Formation that created the Commission was adopted and amended by Sacramento County Ordinance and Ordinances of each of the member cities and is part of the Sacramento County and Cities Codes (JPA Agreement). The JPA Agreement is codified in Section 5.28.320 of the
File ID: 2022-01978 11/29/2022 Consent Item 22.
Sacramento City Code.
The Commission and JPA Agreement are currently set to sunset on December 31, 2024. On September 3, 2020, the Commission’s Board of Directors expressed interest in proposing an extension of the Commission for consideration by the member agencies, citing the fact that the JPA is an efficient way to administer cable franchise issues for the Commission’s seven member agencies and that there is no need to change the model at this time. On September 2, 2021, the Commission’s Board of Directors reviewed proposed draft amendments to the JPA Agreement and directed staff to reach out to the management team for each member agency to receive feedback.
Between September and December 2021, Commission staff met with the management team at each member agency. During those discussions, staff at each member agency expressed satisfaction with the Commission’s operation and support for the proposed amendments. On December 2, 2021, the Board of Directors received this input, approved the proposed amendments to the JPA Agreement, and adopted a resolution recommending approval by the member agencies of the revised JPA agreement. Following is a summary of the proposed amendments:
· Term: Most importantly, the December 31, 2024, expiration date is removed. The proposed amendment provides that the Commission would remain in existence indefinitely, unless there is a two-thirds vote of the member agencies to terminate. In addition, a withdrawal provision is included that provides that an individual member agency may withdraw from the Commission with at least one year’s prior written notice. Such withdrawal requires that the member agency to accept liability for its share of the Commission’s liabilities in the same proportion as the most recent distributions to the member agencies made pursuant to the JPA Agreement. · Board of Directors: Currently, there are twelve members of the Commission’s Board of Directors. The JPA Agreement entitles the County of Sacramento to five seats on the Commission Board; the City of Sacramento to three seats on the Board; each city with a population of over 80,000 to one seat on the Board; and all cities with a population of less than 80,000 share one seat. Given that the recently released California Department of Finance’s January 2022 population estimates show that the City of Rancho Cordova has surpassed the 80,000 population threshold, there will be thirteen Board of Directors members, as Galt will then have its own seat, since it will be the only City remaining with a population smaller than 80,000. Given this, the proposed amendments to the JPA Agreement also provide that the Board of Directors shall consist of the above described Board members (currently thirteen members), and clarify that the population is determined by the figures provided by the California Department of Finance each year. The City of Sacramento would get an additional Board member if the City of Galt’s population reaches 80,000, but that is not expected to occur in the near or distant future, as its population as of January 1, 2021, was at 26,116. · Officers: The current JPA Agreement assumes that Sacramento County will provide Clerk services to the JPA. Clerk services are presently provided by Commission staff with support
File ID: 2022-01978 11/29/2022 Consent Item 22.
from the County’s Clerk of the Board. The proposed Amendment matches current practice and provides the Commission Board with maximum flexibility to determine how to provide Clerk services.
· Payments: The current JPA Agreement details how and when the revenue distributions to the member agencies are calculated and distributed. This proposed amendment reflects the current practice of the Commission and updates the timeline on which the Commission pays revenue distributions to the member agencies to be a date which is earlier than the current JPA Agreement provides. The current JPA Agreement also requires an auditor’s statement with each distribution; such a statement has not historically been provided (though the distributions are audited by the Commission’s Auditor as part of the bi-annual audit), and the proposed amendment accordingly removes this requirement to reflect current practices. · General Clean-Up: The balance of the proposed amendments conforms other sections of the JPA Agreement to the above edits or propose general clean-up to reflect current law and/or practice. As an example, the law now requires the Commission’s member agencies to be responsible for the JPA’s retirement costs. This has been added for clarity.
Policy Considerations: The proposed changes will allow for the JPA Agreement to be amended to extend the Commission, allow for the City’s continued participation in the JPA, and update other portions of the JPA Agreement to reflect current practices.
Economic Impacts: None.
Environmental Considerations: This action is not a project subject to CEQA because it involves only general policy and does not have the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. (CEQA Guidelines, §§ 15002(d), 15378(b)(2), 15061(b)(3).)
Sustainability: Not applicable.
Commission/Committee Action: On November 15, 2022, the Law and Legislation Committee passed a motion forwarding the ordinance to City Council for approval. Adoption of the attached Ordinance amendments will allow for the JPA to be amended to extend the Commission and update other portions of the JPA Agreement to reflect current practices.
Rationale for Recommendation: The Commission’s JPA is somewhat unique in that it is incorporated into each member agency’s municipal code. To amend the JPA Agreement, the City of Sacramento will need to adopt the amended and restated agreement into its code. The proposed changes will allow for the JPA Agreement to be amended to extend the Commission, allow for the City’s continued participation in the JPA, and update other portions of the JPA Agreement to reflect
File ID: 2022-01978 11/29/2022 Consent Item 22.
current practices.
Financial Considerations: Not applicable.
Local Business Enterprise (LBE): Not applicable.
1 ORDINANCE NO.
Adopted by the Sacramento City Council
[Date Adopted]
AN ORDINANCE AMENDING SECTIONS 5.28.270 AND 5.28.320 OF THE SACRAMENTO CITY CODE, RELATING TO THE SACRAMENTO
METROPOLITAN CABLE TELEVISON COMMISSION
BE IT ENACTED BY THE COUNCIL OF THE CITY OF SACRAMENTO:
SECTION 1.
Section 5.28.270 of the Sacramento City Code is hereby amended to read as follows:
The powers and authority of the cable television commission shall be vested in a board of directors which consists of a minimum of the following members.
A. Five members of the board of directors shall be members of the governing body of the county.
B. One member of the board of directors shall be a member of the governing body of one of the cities within the county that is a member of the commission and whose population is less than 80,000 people. The member shall be appointed by and serve at the pleasure of the governing bodies of the appointing cities. All member cities whose populations are even less than 80,000 shall be represented by this member of the board of directors.
C. So long as a city with a population less than 80,000 is a member of the commission, three members of the board of directors shall be members of, appointed by and serve at the pleasure of the governing body of the city of Sacramento.
In the event that no city with a population less than 80,000 people is a member of the commission, four members of the board of directors shall be members of, appointed by and serve at the pleasure of the governing body of the city of Sacramento.
D. One member of the board of directors for each city, other than the city of Sacramento, that is a member of the commission and whose population is equal to or greater than 80,000 people. Each member of the board of directors who represents such a member city shall be a member of the governing board of that city and shall be appointed by, and serve at the pleasure of, the governing board of that city.
E. Each member of the board of directors shall be authorized to appoint a personal representative to attend meetings of the board in the absence of the member, Deleted: ¶
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2 and, during such meetings, vote and exercise all other powers of the member. Such an appointment shall be effective when the member files with the clerk of the board of directors a written notice executed by the member which identifies by name and residential address the personal representative who has been appointed. Personal representatives shall serve at the pleasure of the members who appoint them, and such appointments may be revoked by the filing of written notice of revocation with the clerk of the board of directors signed by the member and reciting revocation of the appointment of a designated representative. In the event of removal from the board of directors of a member who serves at the pleasure of a governing body, such removal shall automatically effect removal of any personal representative which that member has appointed.
F. For purposes of this section, a city’s population shall be as estimated by the California Department of Finance (“Department of Finance”) by January 1st of each year for the preceding year. Modifications to board membership based on population changes shall be made on July 1st, or as soon thereafter as feasible, following the January 1st estimates provided by the Department of Finance.
SECTION 2.
Section 5.28.320 of the Sacramento City Code is hereby amended to read as follows:
5.28.320 Amended and restated agreement of formation.
The cable television commission was previously created by the county and the cities.
Enactment of this chapter and amendments thereto constitutes approval by the governing bodies of the county and cities of the terms of the following amended and restated agreement of formation.
AMENDED AND RESTATED AGREEMENT OF FORMATION
SACRAMENTO METROPOLITAN
CABLE TELEVISION COMMISSION
THIS AMENDED AND RESTATED AGREEMENT is made and entered into pursuant to the provisions of Section 6500 et seq. of the Government Code of the State of California by and between the County of Sacramento, herein referred to as “County”; and the City of Sacramento and the cities of Citrus Heights, Elk Grove, Folsom, Galt and Rancho Cordova, Deleted: certified or reported
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(“SACOG”)
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by each member thereof of an agreement of formation
Deleted: The chairperson of the governing body of
the county and mayor of the municipality of Sacramento
shall execute the following agreement of formation on
the date of selection of the franchisee for the initial CATV franchise pursuant to the provisions of Section 5.28.390 of this chapter. The mayors of any of the municipalities of Folsom, Isleton or Galt which have enacted this chapter, shall execute the agreement of formation thirty‐one (31) calendar days following the date of selection of the
franchisee for the initial CATV franchise pursuant to the provisions of Section 5.28.390 of this chapter, unless the governing body of the municipality has adopted a
resolution making the selection inapplicable to that
municipality pursuant to the provisions of Section
5.28.400 of this chapter.
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3 herein referred to as “Cities”; who do hereby mutually agree as follows:
1. Establishment.
There is hereby created an organization known and denominated as the Sacramento metropolitan cable television commission, which shall be a public entity, separate and apart from the county and cities. The Sacramento metropolitan cable television commission (hereinafter referred to as “commission”) shall be governed by the terms of this agreement, the terms of an ordinance enacted by each agency which enters into this agreement which is entitled “cable television ordinance,” and is hereinafter referred to as the “ordinance,” and by such rules as are duly passed and adopted by the board of directors of the commission.
2. Board of Directors.
The commission shall be governed by and the powers of the commission vested in a board of directors. The number of members of the board of directors, composition thereof, and tenure of directors shall be prescribed
by Article II of Chapter 5.28 of the Sacramento City
Code.
a. Meetings of the board of directors and of such advisory or other committees as the board may appoint, shall be governed by the provisions of the Ralph M. Brown Act (Government Code Sec. 54950 et seq.). The board of directors shall establish a time and place for its regular meetings, which shall be held not less frequently than once per year.
b. A majority of the members of the board of directors shall constitute a quorum for the purpose of transacting business.
c. No action taken by the board of directors shall be effective except by duly adopted motion receiving the votes of a majority of the directors of the board.
d. The board of directors shall annually elect its chairperson and vice‐ chairperson.
e. The clerk of the board of supervisors of the county or other person retained by the board shall serve as clerk to the board of directors, shall be responsible for recordation of the official actions by the board, and shall be the official custodian of all records of the board of directors.
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introductory paragraph of this agreement, it is specifically contemplated that each of the Municipalities of Folsom, Isleton and Galt may or may not execute this agreement
and participate in the formation of and become members
of the commission. Therefore, the commission shall be
formed by, as members, the county, the Municipality of
Sacramento, and so many of the other municipalities as
approve and execute this agreement. If neither Folsom,
Isleton nor Galt approve and execute this agreement, this agreement shall be deemed to have been entered into
and the commission formed by, as members, the County
and Municipality of Sacramento.¶
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4 The county may determine reasonable charges to be made against the commission for the services of the clerk and the commission shall pay such charges.
3. Powers.
The board of directors of the commission shall be vested with the following powers:
a. To employ or retain in the name of the commission an executive director and such other personnel as the board of directors deems appropriate. The executive director shall be appointed by and serve at the pleasure of the Board of Directors;
b. To make and enter into contracts in the name of the commission as authorized by or in order to carry out the objects or purposes of this agreement or the ordinance, including, but not limited to, contracts with the county providing for provision by county personnel of services for the commission and reimbursement of the county by the commission of the costs thereof;
c. To acquire in the name of the commission, take title to, hold and dispose of real and personal property;
d. To incur in the name of the commission debts, liabilities and obligations, which shall not constitute debts, obligations or liabilities of any of the member agencies;
e. To accept in the name of the commission grants, gifts and donations in the public interest to carry out the purposes and functions of the commission;
f. To establish and provide for the payment of reasonable compensation to its members or their personal representatives for performance of the duties of office; and
g. To exercise such other powers as are expressly conferred by the provisions of this agreement or the ordinance.
The board of directors shall also be authorized to sue in the name of the commission. The commission shall be subject to suit in its name.
4. Limitations.
Pursuant to the provisions of Government Code Section 6509, the powers of the Formatted: Indent: Left: 0.5", First line: 0.5"
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5 commission are subject to the restrictions upon the manner of exercising such powers of one (1) of the designated member agencies. For such purposes, the City of Sacramento is hereby designated.
5. Budget.
Prior to July 1st of each fiscal year, the board of directors shall adopt a preliminary budget.
Prior to September 1st of each fiscal year, said board shall adopt a final budget.
6. Payments.
Not later than the first day of August of each year during the term of this agreement, the commission shall distribute to the county and cities who are members of the commission the difference between:
(i) the revenue required to finance the costs of operations incurred in accordance with the commission’s budget (including a reserve for contingencies) for the fiscal year ending on the prior June 30; and (ii) the revenues from franchise fees actually received by the commission for the same fiscal year. Revenues from sources other than the franchise fees shall be utilized and distributed as required by the source of funds.
The franchise fees shall be paid to the county and cities who are members of the commission in the same proportion as the ratios which the population of the unincorporated area of the cities bear to the total population of Sacramento County, excluding the City of Isleton, as disclosed by the most recent federal decennial census and as updated by the California Department of Finance by January 1st of each calendar year.
7. Treasurer.
The treasurer of the county shall be the depository of funds of the commission, and said treasurer shall be the ex officio treasurer of the commission.
The treasurer shall receive and have custody of and disburse commission funds on the warrant of the auditor and shall make disbursements authorized by this agreement. The treasurer shall invest commission funds in accordance with the general law. All interest collected on commission funds shall be accounted for and posted to the account of said Deleted: municipality
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August for the preceding fiscal year
Deleted: Notwithstanding the foregoing, the
commission shall distribute to said county and cities
not later than the first day of each October not less
than twenty (20%) percent of the revenue from
such franchise fees.
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1991, the federal decennial census for 1990 during the
federal decennial census for 2000 during any period
succeeding June 30, 2001
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Deleted: Each distribution shall be accompanied by a
statement by the auditor of the commission stating the
amounts of all franchise fees received by the commission for the distribution period, the dates of receipt, the
amount of revenue required to finance the commission
budget, and the population ratios upon which
apportionment of the distribution is being made.¶
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6 funds.
The county may determine reasonable charges to be made against the commission for the services of the treasurer, and the commission shall pay such charges.
8. Auditing.
The auditor of the county shall be the ex officio auditor of the commission, and shall draw warrants against the funds of the commission when the demands are approved by the executive director or his designee. At the close of each fiscal year, as provided in Government Code Section 6505, the directors may contract with a public accountant or certified public accountant to make an audit of the accounts and reports of the commission.
The auditor shall establish and maintain such funds and accounts as are deemed necessary to account for and report on receipts and disbursements. The commission shall keep such additional records and accounts which are deemed necessary to account for and report on sources of funds, expenditures, grants and programs as may be required by good accounting practices. The books and records of the commission shall be open to inspection at all reasonable times by representatives of the member agencies.
The county may determine reasonable charges to be made against the commission for the services of the auditor, and the commission shall pay such charges.
9. Term. Except as hereinafter provided, this agreement shall terminate, and the commission shall be deemed dissolved upon two‐thirds vote of the member agencies.
Notwithstanding the foregoing, a member agency may withdraw from the commission with at least one year prior written notice. Upon withdrawal, the former member agency shall be liable for its proportional share of commission liabilities, including any retirement benefit obligations, in the same proportion as distributions to member agencies have been most recently made pursuant to paragraph 6, above. Such former member agency shall not receive or have any right to any share of commission assets.
10. Disposition of Assets.
Upon dissolution of the commission, its remaining assets, after satisfying all liabilities, including retirement benefit obligations, shall be distributed to member agencies in the same proportion as distributions to member agencies have most recently been made pursuant to the provisions of paragraph 6, above unless the member agencies agree to a Formatted: Indent: Left: 0.5"
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Deleted: on December 31, 2024
Deleted: The commission shall review the status of the
franchise and the status of state and federal law related to cable franchises no later than June 30, 2010 and shall make a recommendation to the member agencies on
whether the commission shall be dissolved prior to
December 31, 2024. Nothing in this section shall preclude the commission from making a recommendation
regarding the continuation or early dissolution of the
commission either prior to or after June 2010.
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7 different distribution. Any real property owned by the commission shall, in advance of dissolution, be conveyed by the board of directors to member agencies as tenants in common with proportional interests equal to the proportion of distributions most recently made pursuant to the provisions of said paragraph 6 unless the member agencies agree to a different distribution.
11. Debts.
Except to the extent provided by law, the debts, liabilities and obligations of the commission shall not constitute any debts, liabilities or obligations either jointly or severally of the County of Sacramento or any city.
12. Amendment.
This agreement may be amended by written contract approved by and executed on behalf of the governing bodies of each member agency. No franchisee or other person or entity shall be deemed to either expressly or impliedly be a party to this agreement, a third party beneficiary thereof, or to have any interest which precludes amendment of the terms of this agreement in any manner in which the governing bodies of the member agencies, in their discretion, may mutually agree.
IN WITNESS HEREOF the parties hereto have approved and executed this agreement as follows.
SECTION 3. If any provision of this Ordinance or its application to any person or circumstance is held invalid or ineffective by any court of competent jurisdiction, or by reason of any preemptive legislation, that invalidity shall not affect the validity of the remaining provisions of this Ordinance. The City Council declares that it would have passed this Ordinance and each section, subsection, subdivision, sentence, clause and phrase, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or words be declared invalid.
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Folsom, Isleton or Galt
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8 1
ORDINANCE NO.
Adopted by the Sacramento City Council
[Date Adopted]
AN ORDINANCE AMENDING SECTIONS 5.28.270 AND 5.28.320 OF THE SACRAMENTO CITY CODE, RELATING TO THE SACRAMENTO
METROPOLITAN CABLE TELEVISON COMMISSION
BE IT ENACTED BY THE COUNCIL OF THE CITY OF SACRAMENTO:
SECTION 1.
Section 5.28.270 of the Sacramento City Code is hereby amended to read as follows:
The powers and authority of the cable television commission shall be vested in a board of directors which consists of a minimum of the following members.
A. Five members of the board of directors shall be members of the governing body of the county.
B. One member of the board of directors shall be a member of the governing body of one of the cities within the county that is a member of the commission and whose population is less than 80,000 people. The member shall be appointed by and serve at the pleasure of the governing bodies of the appointing cities. All member cities whose populations are even less than 80,000 shall be represented by this member of the board of directors.
C. So long as a city with a population less than 80,000 is a member of the commission, three members of the board of directors shall be members of, appointed by and serve at the pleasure of the governing body of the city of Sacramento.
In the event that no city with a population less than 80,000 people is a member of the commission, four members of the board of directors shall be members of, appointed by and serve at the pleasure of the governing body of the city of Sacramento.
D. One member of the board of directors for each city, other than the city of Sacramento, that is a member of the commission and whose population is equal to or greater than 80,000 people. Each member of the board of directors who represents such a member city shall be a member of the governing board of that city and shall be appointed by, and serve at the pleasure of, the governing board of that city.
E. Each member of the board of directors shall be authorized to appoint a personal representative to attend meetings of the board in the absence of the member, 2 and, during such meetings, vote and exercise all other powers of the member. Such an appointment shall be effective when the member files with the clerk of the board of directors a written notice executed by the member which identifies by name and residential address the personal representative who has been appointed. Personal representatives shall serve at the pleasure of the members who appoint them, and such appointments may be revoked by the filing of written notice of revocation with the clerk of the board of directors signed by the member and reciting revocation of the appointment of a designated representative. In the event of removal from the board of directors of a member who serves at the pleasure of a governing body, such removal shall automatically effect removal of any personal representative which that member has appointed.
F. For purposes of this section, a city’s population shall be as estimated by the California Department of Finance (“Department of Finance”) by January 1st of each year for the preceding year. Modifications to board membership based on population changes shall be made on July 1st, or as soon thereafter as feasible, following the January 1st estimates provided by the Department of Finance.
SECTION 2.
Section 5.28.320 of the Sacramento City Code is hereby amended to read as follows:
5.28.320 Amended and restated agreement of formation.
The cable television commission was previously created by the county and the cities.
Enactment of this chapter and amendments thereto constitutes approval by the governing bodies of the county and cities of the terms of the following amended and restated agreement of formation.
AMENDED AND RESTATED AGREEMENT OF FORMATION
SACRAMENTO METROPOLITAN
CABLE TELEVISION COMMISSION
THIS AMENDED AND RESTATED AGREEMENT is made and entered into pursuant to the provisions of Section 6500 et seq. of the Government Code of the State of California by and between the County of Sacramento, herein referred to as “County”; and the City of Sacramento and the cities of Citrus Heights, Elk Grove, Folsom, Galt and Rancho Cordova, 3 herein referred to as “Cities”; who do hereby mutually agree as follows:
1. Establishment.
There is hereby created an organization known and denominated as the Sacramento metropolitan cable television commission, which shall be a public entity, separate and apart from the county and cities. The Sacramento metropolitan cable television commission (hereinafter referred to as “commission”) shall be governed by the terms of this agreement, the terms of an ordinance enacted by each agency which enters into this agreement which is entitled “cable television ordinance,” and is hereinafter referred to as the “ordinance,” and by such rules as are duly passed and adopted by the board of directors of the commission.
2. Board of Directors.
The commission shall be governed by and the powers of the commission vested in a board of directors. The number of members of the board of directors, composition thereof, and tenure of directors shall be prescribed
by Article II of Chapter 5.28 of the Sacramento City
Code.
a. Meetings of the board of directors and of such advisory or other committees as the board may appoint, shall be governed by the provisions of the Ralph M. Brown Act (Government Code Sec. 54950 et seq.). The board of directors shall establish a time and place for its regular meetings, which shall be held not less frequently than once per year.
b. A majority of the members of the board of directors shall constitute a quorum for the purpose of transacting business.
c. No action taken by the board of directors shall be effective except by duly adopted motion receiving the votes of a majority of the directors of the board.
d. The board of directors shall annually elect its chairperson and vice‐ chairperson.
e. The clerk of the board of supervisors of the county or other person retained by the board shall serve as clerk to the board of directors, shall be responsible for recordation of the official actions by the board, and shall be the official custodian of all records of the board of directors.
4 The county may determine reasonable charges to be made against the commission for the services of the clerk and the commission shall pay such charges.
3. Powers.
The board of directors of the commission shall be vested with the following powers:
a. To employ or retain in the name of the commission an executive director and such other personnel as the board of directors deems appropriate. The executive director shall be appointed by and serve at the pleasure of the Board of Directors;
b. To make and enter into contracts in the name of the commission as authorized by or in order to carry out the objects or purposes of this agreement or the ordinance, including, but not limited to, contracts with the county providing for provision by county personnel of services for the commission and reimbursement of the county by the commission of the costs thereof;
c. To acquire in the name of the commission, take title to, hold and dispose of real and personal property;
d. To incur in the name of the commission debts, liabilities and obligations, which shall not constitute debts, obligations or liabilities of any of the member agencies;
e. To accept in the name of the commission grants, gifts and donations in the public interest to carry out the purposes and functions of the commission;
f. To establish and provide for the payment of reasonable compensation to its members or their personal representatives for performance of the duties of office; and
g. To exercise such other powers as are expressly conferred by the provisions of this agreement or the ordinance.
The board of directors shall also be authorized to sue in the name of the commission. The commission shall be subject to suit in its name.
4. Limitations.
Pursuant to the provisions of Government Code Section 6509, the powers of the 5 commission are subject to the restrictions upon the manner of exercising such powers of one (1) of the designated member agencies. For such purposes, the City of Sacramento is hereby designated.
5. Budget.
Prior to July 1st of each fiscal year, the board of directors shall adopt a preliminary budget.
Prior to September 1st of each fiscal year, said board shall adopt a final budget.
6. Payments.
Not later than the first day of August of each year during the term of this agreement, the commission shall distribute to the county and cities who are members of the commission the difference between:
(i) the revenue required to finance the costs of operations incurred in accordance with the commission’s budget (including a reserve for contingencies) for the fiscal year ending on the prior June 30; and (ii) the revenues from franchise fees actually received by the commission for the same fiscal year. Revenues from sources other than the franchise fees shall be utilized and distributed as required by the source of funds.
The franchise fees shall be paid to the county and cities who are members of the commission in the same proportion as the ratios which the population of the unincorporated area of the cities bear to the total population of Sacramento County, excluding the City of Isleton, as disclosed by the most recent federal decennial census and as updated by the California Department of Finance by January 1st of each calendar year.
7. Treasurer.
The treasurer of the county shall be the depository of funds of the commission, and said treasurer shall be the ex officio treasurer of the commission.
The treasurer shall receive and have custody of and disburse commission funds on the warrant of the
auditor and shall make disbursements authorized by this agreement. The treasurer shall invest commission funds in accordance with the general law. All interest collected on commission funds shall be accounted for and posted to the account of said 6 funds.
The county may determine reasonable charges to be made against the commission for the services of the treasurer, and the commission shall pay such charges.
8. Auditing.
The auditor of the county shall be the ex officio auditor of the commission, and shall draw warrants against the funds of the commission when the demands are approved by the executive director or his designee. At the close of each fiscal year, as provided in Government Code Section 6505, the directors may contract with a public accountant or certified public accountant to make an audit of the accounts and reports of the commission.
The auditor shall establish and maintain such funds and accounts as are deemed necessary to account for and report on receipts and disbursements. The commission shall keep such additional records and accounts which are deemed necessary to account for and report on sources of funds, expenditures, grants and programs as may be required by good accounting practices. The books and records of the commission shall be open to inspection at all reasonable times by representatives of the member agencies.
The county may determine reasonable charges to be made against the commission for the services of the auditor, and the commission shall pay such charges.
9. Term. Except as hereinafter provided, this agreement shall terminate, and the commission shall be deemed dissolved upon two‐thirds vote of the member agencies.
Notwithstanding the foregoing, a member agency may withdraw from the commission with at least one year prior written notice. Upon withdrawal, the former member agency shall be liable for its proportional share of commission liabilities, including any retirement benefit obligations, in the same proportion as distributions to member agencies have been most recently made pursuant to paragraph 6, above. Such former member agency shall not receive or have any right to any share of commission assets.
10. Disposition of Assets.
Upon dissolution of the commission, its remaining assets, after satisfying all liabilities, including retirement benefit obligations, shall be distributed to member agencies in the same proportion as distributions to member agencies have most recently been made 7 pursuant to the provisions of paragraph 6, above unless the member agencies agree to a different distribution. Any real property owned by the commission shall, in advance of dissolution, be conveyed by the board of directors to member agencies as tenants in common with proportional interests equal to the proportion of distributions most recently made pursuant to the provisions of said paragraph 6 unless the member agencies agree to a different distribution.
11. Debts.
Except to the extent provided by law, the debts, liabilities and obligations of the commission shall not constitute any debts, liabilities or obligations either jointly or severally of the County of Sacramento or any city.
12. Amendment.
This agreement may be amended by written contract approved by and executed on behalf of the governing bodies of each member agency. No franchisee or other person or entity shall be deemed to either expressly or impliedly be a party to this agreement, a third party beneficiary thereof, or to have any interest which precludes amendment of the terms of this agreement in any manner in which the governing bodies of the member agencies, in their discretion, may mutually agree.
IN WITNESS HEREOF the parties hereto have approved and executed this agreement as follows.
SECTION 3. If any provision of this Ordinance or its application to any person or circumstance is held invalid or ineffective by any court of competent jurisdiction, or by reason of any preemptive legislation, that invalidity shall not affect the validity of the remaining provisions of this Ordinance. The City Council declares that it would have passed this Ordinance and each section, subsection, subdivision, sentence, clause and phrase, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or words be declared invalid.