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Home My WebLink AboutTC Ord 2020-05-06 ORDINANCE NO. 588 N.S. � AN ORDINANC� OF 'THE TOWN COUNCIL OF TH� TOWN OF TIBUItON PROVIDING FOR TH� TTRMINATION OF TH� MARIN TI,L�COMMUNICATIONS AG�NCY AND RI?P�ALING THI� T�LECONIMUNICATIONS ORDINANC� CODIFII'll IN 'TITLE III, CHAPT�R 9 ("T�LECOMMUNICATIONS R�GULATIONS") OT THE TIBURON MUNICIPAL C011� WHEREAS_ in ]997; the Town Council; of tihe 'I own of Tiburon adopted Ordinance No. � 432 N.S., approvin�� an A�reement of Formation of the Marin Telecommunications Agency ("MTA")_ a California joint powers agency pursuant to tl�e provisions of Title 1, Division 7. Chapte�� 5 of tl�e Governnieilt Code (comnlencing with Section 6500), and adding Cha�ter 9 ("Telecommunicatio�ls Re��ulations") to the Town's Mtmicipal Code. WHI�R�AS, the etu•i-ent men7bei� agencies of the MTA are: the Cities of Belvedere, Mill Valley, and San Rafael. the To��ns of Coi•te Madera, Fairfax, Ross, San Anselmo, Sausalito, and 7-iburon, and the Coul�tv of Marin ("MTA Member Agencies"). WHEREAS_ i» 2006 the California Legislature approved and t11e Governor enactcd tlle Digital Infi�astructure and Video Competition Act of 2006 ("DIVC�"), ci•eating a process for tl7e issuance of Ti-anchises by the California Public IJtilities Comn7ission and silperseding locally issued fi-ancl�ises. WHCRCAS, subsequent to the adoption of DIVCA and other changes to state and federa] law fw-thel- liiniti�lg the ability of local goverml�eilts to i•egulate telecommunications �facilities, the MTA »o longcr t�l:es the active policy role that it did prior to the adoption of DIVCA. WHI?RLAS, the MTA Member Agencies find it desirable to terminate the MTA and delegate its duties to the Marin Genei-al Services Agency ("MGSA"), a California joint powers authority that was For�l�ed on October 1, 2005, by the City of Belvedcre; I�'own of Corte Mader-a, Towi1 of Fairfax. City of Larl<spur, City of Mill Valley, City of Novato, Town of Ross, Town of San Anselmo. C:itv of San Rafael, City of Sausalito, Town of TibLiron, County of Marin_ Be] Marin Keys Commullit��Sel-vices District, and Marinwood Commullity Sei-vices District. WHEREAS, Paragrapl� 13 of tl�e Agreement of Formation of the MTA provides that the MTA may be terminated b}� th� e�lactment of an ordinance in substantially ide»tica] forn� by the �najoi-ity of�the M�I�n Member ��encies specifying such tei•minatioil, with each such ol-dinance bein�� adopted ��ithin no more �lian ninety days of each other. Upon such action, the M�IA will be deen�ed termin�ted. NOW, THEREFORI? THE �TOWN COUNCTL OF THE TOWN OF TIBURON DOES HEREl3Y ORDAIN AS FOI.I,OWS: Section l. Recitals. The al�ove recitals are ti•ue and correct and are hereby incorporated by reference. Page 1 of 2 To�vn Council Ordinance No. 58�i. N.S. Efifective Date 06/OS/2020 Section 2. Te��»�ination of MTn. Pursuant to Pai-agraph 13 of the Agreement of Formation. the Tow» of TibLn-on decla�-es that this Ordina�lce is intended to serve to terminate tl�e Agreement � of Foril�ation and the MZ'A. Section 3. Repeal of Cllapter 9 as of Operative Date. Chaptel• 9, "TelecommLulicatioi�s Regulations," of the Municipal Codc is hereby repcaled, effective as of the Operative Date. The repeal of Cl�aptel- 9 sl�all »ot affect t11e To��vn's consent to the termination of the Marin County Cable Rat�e Kegulation Joint Powers Agency ("MCCRRJPA") or the actual termination of MCCRRJPA. as provided for in Section 9-32 of the Muilicipal Code. For pu�poses of this section. the"Operative Date" shall mean the later of the followinb two dates: (1) J�ll}� l, 2020; or (2) the date upon which a inajority of the MTA Membel- Agencies has adopted � resolution authorizing the MGSA to collect franchise and PEG access fees and to eaercise all powei�s and fiznctions associated with DIVCA, as well as an ordinance of termination sL�bstantially identical in forin pu�•suant to Paragi•aph 13 of ihe Agreement of For�nation of the MTA and suc11 ordinance of ternlination has becoine effective. Section 4. E�1-fective Date and Publication. This Oi•dinance shall be effective 30 days followinb its adoption by the Town Council. A sumi?�ary of this Ordinance shall, within fifteen (15) days after passage, be published in accordance with Government Code Section 36933, with the names of the Cotulcil�nen�bers voting for and against it. Tl�is Ordinance was read and introduced at a special meeting of the Town Council of Cl�e Tovv�1 of Tiburon, held o�z April 1,2020, ancl was adopted at a regular ineeting of the Town Council of the Town of Tibui-oi�, held on the 6`�, day of May, 2020, by the following vote: AYES: COUNCILM�ML�ERS: Fredei•icks, Kulik, Ryan, Thier, Welner NAYS: COUNCILMEMBERS: None Page l of 2 "I�o��vn Council Ordii�ance No. 588. N.S. Ef�fective Date 06/OS/2020 / � ' � ALICE �RL.DERICKS, MAYOR TOWN 01= TIBURON ATTEST: �°��1-�--� LEA STEFANI, OWN CLERK DA I'F: ��a ��-� — Page 1 of 2 Town Council Ordinance No. 588. N.S. Effiective Date 06/OS/2020