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HomeMy WebLinkAboutReso - CC - 053-1997RESOLUTION NO. 53-97 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING CITY OF BURLINGAME JOINING SAN MATEO CABLE TELEVISION JOINT POWER AUTHORITY (SAMCAT) AND AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE THE FIRST AMENDED JOINT POWERS AGREEMENT REGARDING SAMCAT ON BEHALF OF THE CITY RESOLVED, by the City Council of the City of Burlingame: WHEREAS, TCI CableVision has acquired a franchise to operate a cable television system in the City of Burlingame; and WHEREAS, the San Mateo Cable Television Joint Power Authority (SAMCAT) is a joint power authority of San Mateo public agencies that has worked together to develop resources and expertise in cable television and telecommunications issues, particularly with regard to TCI; and WHEREAS, membership in SAMCAT would promote better cable television and telecommunications service and provide the City with wider experience and assistance, NOW, THEREFORE, IT IS RESOLVED AND ORDERED: 1. Membership by the City of Burlingame in SAMCAT pursuant to the terms and conditions contained in the First Amended Joint Powers Agreement Establishing the San Mateo County Telecommunications Authority (SAMCAT) contained in Exhibit A is approved. 2. The Mayor is authorized and requested to execute the First Amended Joint Powers Agreement Establishing the San Mateo County Telecommunications Authority (SAMCAT) contained in Exhibit A for and on behalf of the City of Burlingame. 2. The Clerk is directed to attest to the signature of the Mayor. MAYOR I, JUDITH A MALFATTI, City Clerk of the City ofBurlingame, do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the 7th day of JULY 1997, and was adopted thereafter by the following vote: AYES: COUNCUMEMBERS: HARRISON, JANNEY, KNIGHT, O'MAHONY, SPINELLI NOES: COUNCILMEMBERS: NONE ABSENT: COUNCiiMFMBERS: NONE 2 1 2 3 4 5 6 7 8 9 Z 10 0 0 a Z r o m o m 11 p LL O W J f7 M U N 12 H ZZ O Z O W J o 13 rc a W N J U J W 0 5 < 14 u m Q I 15 16 17 18 19 20 21 22 23 24 25 26 FIRST AMENDED JOINT POWERS AGREEMENT ESTABLISHING THE SAN MATEO COUNTY TELECOMMUNICATIONS AUTHORITY ("SAMCAT) THIS FIRST AMENDED JOINT POWERS AGREEMENT (hereinafter "this Agreement') by and between those governmental entities who are signatories to this Agreement (hereinafter referred to as the "Member" or "Members" as the context requires), is made in light of the following recitals: RECITALS: A. The undersigned are the member entities (the "Members") of that Joint Power Authority ("JPA") known as the San Mateo Cable Television Authority ("SAMCAT") created by Agreement dated June 27, 1989, pursuant to Government Code Section 6500 through Section 6518; and B. The Members have authority to exercise certain powers relating to telecommunication services in their respective communities and desire to establish a telecommunication services joint power authority ("SAMCAT" ); and C. The Members are authorized to contract with each other for the joint exercise of any common power including those relating to telecommunication services pursuant to Government Code Sections 6500 through 6518; and D. The Members have previously amended the Agreement dated June 27, 1989 by adopting a First Amendment to the Joint Powers Agreement on November 29, 1994, and said Agreement and First Amendment are included in this First Amended Joint Powers Agreement which shall replace and supersede them; and 1 E. The Members desire to include further changes in this Agreement to allow I 2 SAMCAT to have additional authority to negotiate, develop and implement agreements 3 and procedures with respect to cable television, telecommunication services, public 4 property leases related to telecommunications and cellular and fiber optic equipment and 5 services, and collect data, hold hearings, and regulate cable television (CAN) rates and 6 other matters permitted by the State and Federal regulations for local cable television 7 8 (CAN) franchising authorities on behalf of the Members. 9 NOW THEREFORE, the Members, in consideration of the mutual promises and 0 0 10< agreements contained herein, AGREE AS FOLLOWS: F- w 1. Purpose. The Members are entering into this Agreement for the sole 0 W J O M U m 12 F ; o a purposes of: o C U 4 13 0 5 < a. jointly addressing complaints from customers and potential customers ¢ m " 1a a m < 15 of CAN within the jurisdictions of Members and including, but not limited to, 16 the operation of a common office(s) to receive and address such complaints, 17 the hiring of personnel to receive and address complaints; 18 b. jointly operating or contracting for the operation of public, educational, 19 and/or government access facilities; 20 21 C. jointly providing research resources, including consultants, 22 model ordinance and franchise provisions, to assist members in 23 negotiating franchises, right-of-way agreements; lease and service 24 agreements. These roles shall not be limited to cable television 25 service agreements involving cable television, telephone, competitive 26 2 1 2 3 4 5 6 7 s 9 a o 10 cw< n N 0 m 11 W JM U N 12 J pb 9 W J 2 m J O rc x 13 N K U n N 7 U J ! S zF m 14 a m t 15 16 17 18 19 20 21 22 23 24 25 26 franchises, but shall include franchise, right-of-way, lease and access providers (CAPs), open video systems (OVS), data, wireless and other telecommunications services. d. jointly collect data, hold hearings, and regulate cable television (CAN), telephone, data, wireless and other telecommunications services permitted by the State and Federal regulations for local cable television (CAN), telephone, data, wireless and other telecommunications services for the Members of SAMCAT. e. jointly hiring of agent(s) to represent the Members in leasing public property for telecommunications purposes. f. jointly developing model ordinances and procedures for right of way management, installation and maintenance of overhead, underground and above ground telecommunications, equipment and infrastructure; g. jointly studying and developing model agreements and procedures to develop city -owned and city -leased telecommunications networks including a regional approach to city. and government telecommunications networks, such as a government owned utility, a government leased utility or provider of fiber service to city, county and school district sites; 3 1 2 3 4 5 6 7 L D 9 J Z 30° 10 a�wa a u N 12 = j Z Z ° O J ° w 13 ] LL UW W J Z 14 L m N � a m n a 15 t = 16 17 18 19 20 21 22 23 24 25 26 The Members reserve to themselves the authority, and it is expressly agreed that SAMCAT shall have no authority, to adopt franchises, to require any franchise provisions, or to administer franchises, except as is provided in 1. a. - f. above. 2. Establishment of the San Mateo County Telecommunications Authority. The Members hereby create an agency or entity to be known as the San Mateo County Telecommunications Authority ("SAMCAT"). The debts, liabilities, or obligations of SAMCAT shall be the debts, liabilities, or obligations of SAMCAT and not the debts, liabilities, or obligations of the Members. 3. Term. This Agreement shall be effective upon its execution by the Members. This Agreement shall continue in effect until terminated as provided herein. 4. Board of Directors. Each participating Member shall appoint one representative to serve on the Board of Directors. The Board shall elect one of its Members to serve as Chairperson. The Board shall meet as needed, but at least quarterly, and shall operate the programs of SAMCAT, shall review SAMCAT's progress and accomplishments, and shall resolve problems hindering the success of SAMCAT. Decisions of the Board shall be final. 5. Powers. SAMCAT shall have the power to: a. address complaints from customers and potential customers of cable television (CAN), telephone, data, wireless and other telecommunications services; Ell 1 2 3 4 5 6 7 8 L z 9 D z 3O0 10 d f W O W J OI z u N 12 i3 ;NSU W 5If5z °0 4 14 z D a m n � 15 z x i 16 17 18 19 20 21 22 23 24 25 26 b. operate a common office(s) to receive and address cable television (CATV), telephone, data, wireless and other telecommunications services complaints; C. administer channels, frequencies, fibers, spectrum or other telecommunications resources allocated to or contracted for public, educational and/or government uses. d. provide research resources, including consultants, model ordinance and franchise provisions, to assist members in negotiating franchises, right-of-way agreements, lease and service agreements involving cable television (CAN), telephone, competitive access providers (CAPS), open video systems (OVS), data, wireless and other telecommunications services. e. hire employees; f. make and enter into contracts to carry out its purposes; g. hold or dispose of property in order to carry out its purposes; h. incur debts, liabilities or obligations required by the exercise o these powers; provided, however, that such debts, liabilities or obligations shall not constitute responsibilities of the Members; i. sue or be sued in its own name, j. do all things that are necessary and convenient to carry out these powers and SAMCAT's purposes. 5 1 2 3 4 5 6 7 8 L studying and developing model agreements and procedures 9 city -owned and city -leased J Z 3 O 10 ° a N o m W I I J rc r F u 12 :Z J J < y U w L °w ° 13 J N ] w U zw 0 14 Z m Z a n 15 z Z 16 17 18 19 20 21 22 23 24 25 26 k. jointly collect data, hold hearings, and regulate cable television (CAN), telephone, data, wireless and other telecommunications services permitted by the State and Federal regulations for local cable television (CAN), telephone, data, wireless and other telecommunications services for the Members of SAMCAT. I. jointly hiring of agent(s) to represent the Members in leasing public property for telecommunications purposes. M. jointly developing model ordinances and procedures for right of way management, installation and maintenance of overhead, underground and above ground telecommunications equipment and infrastructure. n. jointly studying and developing model agreements and procedures to develop city -owned and city -leased telecommunications networks including a regional approach to city and government telecommunications networks, such as a government owned utility, a government leased utility or provider of fiber service to city, county and school district sites. These powers shall be exercised in the manner provided in this Agreement and, except as expressly set forth herein, subject only to such restrictions upon the exercise as are imposed upon the Members in the exercise of similar powers. C. 1 2 3 4 5 6 7 8 9 z 10 0 0 F w < < t z r o m o m I1 O W J m U �W<Q 12 J ¢ N < A Nw Z J U L o W J o N C W 13 N J U J 5ZW a N 1"4 a m 15 16 17 18 19 20 21 22 23 24 25 26 Nothing in this Agreement shall prohibit the County of San Mateo, if it be a Member, from administering complaint and/or access facilities separate and apart from SAMCAT for those geographical areas designated by the County as not within SAMCAT's responsibilities. 6. Budget. The Board of Directors shall adopt an operating budget for SAMCAT before April 1 of each year. The budget shall set forth anticipated expenses, financing sources and proposed service levels necessary to carry out the purposes of this Agreement. Each Member's financial cost shall be paid within 30 days of billing. The financial responsibility of each Member shall be as follows: A budget covering Administrative Services shall be established annually and all SAMCAT members will be assessed an equal portion of that budget. All other expenses. relating to SAMCAT activities shall be paid either by the agency incurring the cost, as a percentage of the subscriber base, or divided equally, whichever method best suits the situation. The initial SAMCAT budget shall be adopted by the Board of Directors within one hundred and twenty (120) days of the date this Agreement is executed by all of its Members. Any Member who fails orrefuses to approve the budget within forty-five (45) days of its submittal to the Member shall be deemed to have withdrawn from SAMCAT. The time for budget approval may be extended by a majority vote of the Board of Directors. In subsequent years a Member shall approve the annual budget within forty- five (45) days of its submittal to the Member. Failure or refusal to so approve the annual budget shall be deemed to be a withdrawal pursuant to Paragraph 9 of this Agreement; rA 1 2 3 4 5 6 7 s z z 9 0 N Z g a o 10 �w< z � � z � =o'p ll O a w m zO u uwo,' 12 N <N W w ZJ OJ O ° w 13 O < °g<~ 1'4 Oa m N < 0 15 a 16 17 1s 19 20 21 22 23 24 25 26 provided, however, that if the budget increases a Member's contribution by less than $3,000.00, the Member shall be deemed to have automatically approved the annual budget. 7. Treasurer -Auditor and Controller. A Member City shall be designated the depository and have custody of all the money and property of SAMCAT, from whatever source. The same Member shall perform the functions of Auditor or Controller for SAMCAT. No Member shall be required to act pursuant to this section without its consent. The hold harmless provisions of this Agreement shall apply, except where there is willful misconduct on the part of the Treasurer/Auditor and/or Controller. 8. Personnel. SAMCAT may request from the Members the services of such personnel to serve SAMCAT ex -officio as may be reasonably necessary to carry out this Agreement and shall have the power to employ professional and technical assistance for the performance of this Agreement, provided that adequate sources of funds are assured for the payment of such professional and technical services which are not provided by a party hereto. SAMCAT may request, although not require, that Members provide personnel and service to SAMCAT in order to carry out the purposes designated in this Agreement. 9. Withdrawal. Any Member may withdraw from this Agreement by filing written notice of intention to do so with the other Members. Termination will take effect on July 1 of any year, provided there is at least six (6) months advance notice. The withdrawal of any party from this Agreement shall in no way affect the rights and obligations of the A 1 2 3 4 5 6 7 W z 9 0 V Z go° 10 tl F w < Z ¢ H Z r - 0 o 11 m m e Q F rc 6 N 12 OZ J t ZO w o w J ° N U 6 13 �5 J w � ~ 14 Z rc m m � a m n 15 j x a 16 17 18 19 20 21 22 23 24 25 26 remaining Members. If a Member withdraws from this Agreement, it is not entitled to the return of any funds contributed to SAMCAT nor to the return in cash or in kind of any materials or supplies contributed. Withdrawing Members still are obligated for all payments due from them for the fiscal year of the withdrawal and all obligations and liabilities incurred during the membership. 10. Termination and Disposition of Property. This Agreement shall be deemed terminated when only one Member continues to participate, or when all participating Members choose to terminate it. Upon termination, all assets shall be distributed to the Members still active at the time of termination or to the one Member continuing to participate. If there is more than one member at the time of termination, the assets shall be distributed in proportion to those Members' financial participation during the prior fiscal year. 11. New Members. After the effective date of this Agreement, additional governmental entities may become Members of SAMCAT upon. application and approval of the Board of Directors. Approval by the Board of additional Members shall be conditioned upon the following: a. The new Members reimburse SAMCAT for the expenses of SAMCAT resulting from the addition of the new Member, including, but not limited to, reasonable attorneys' fees, consultants' fees, accountants' fees, engineering fees and all other such reasonable out-of-pocket expenses as may be incurred. E 1 2 3 4 5 6 7 a L z 9 Z ga° to f3 F W < p u O m 11 O W J 1�1 Z u u 12 F 13 W j N J U 14 m n < 15 a < 16 17 18 19 20 21 22 23 24 25 26 b. The elected governing body of the new Member adopt such resolutions and ordinances as shall be appropriate to permit SAMCAT to operate in a manner that is consistent with the existing operation of SAMCAT. C. The new Member comply with such other conditions as may be determined appropriate by the Board of Directors, before such new Member is admitted as a Member of SAMCAT. d. The new Member execute a counterpart of this agreement creating SAMCAT. 12. Amendment. This Agreement may be amended from time to time by a two-thirds majority vote of the Members, acting pursuant to vote of their respective City Councils or governing boards. 13. Insurance and Hold Harmless. SAMCAT is responsible for all insurance for its operations. Whenever possible at reasonable cost, SAMCAT shall name each of its members as additional insureds. No Member will be liable for claims because of its participation. SAMCAT, at its sole expense, shall defend and indemnify Members against any and all claims, judgments, losses, demands and costs in any way arising out of the operations of this Agreement. 14. Miscellaneous. a. The section headings herein are for convenience only and are not to be construed as modifying or governing the language in the section referred to. 10 2 3 4 5 6 7 8 W Z S N Z �O 1a �P:w< O Z O <¢ Z I_ � o I I i R O w W J m Z U 12 ¢ U N J A f <N W_ Q w Z J 0 O ° w J ° 13 U ole5Zw U 0�<' 14 p m < o is 16 17 18 19 20 21 22 23 24 25 26 b. This Agreement is made in the State of California under the Constitution and laws of the State and is to be so construed. C. To preserve a reasonable degree of flexibility, parts of this Agreement are stated in general terms. It is understood that there will be operating memoranda executed and amended from time to time that will further define the rights and obligations of the Parties and which will be consistent with this Agreement and particularly the purposes and powers of SAMCAT. 15. Severability. Should any party term, or provision of this Agreement be by any agency of competent jurisdiction decided to be illegal or in conflict with any law of the State of California, or otherwise rendered unenforceable or ineffectual, the validity of the remaining portions or provisions shall not be affected thereby. IN WITNESS WHEREOF, the Parties hereby by their duly authorized representatives, have affixed their hands on the 20thday of November 1996. ATTEST: TOWN OF ATHERTON A ERTON TOWN CLERK CITY ,U'u4.AGM ATTEST: BELMONT CITY CLERK CITY OF BELMONT MAYOR 11 ATTEST: SAN CARLOS CITY CLERK ATTEST: SAN MATEO CITY CLERK ATTEST: SOUTH SAN FRANCISCO CITY CLERK ATTEST: CITY OF SAN CARLOS MAYOR CITY OF SAN MATEO MAYOR CITY OF SOUTH SAN FRANCISCO MAYOR COUNTY OF SAN MATEO p� Certificate of Delivery d (Government Code section 25103) I certify that a copy of the original document filed in the Office of the Department of Public Works has been delivered to the President of the Board of Sanervisors. ELAINE aWALTOX HORS EY, Clerk of the Board of Supervisor 1 2 3 4 5 6 7 8 w z 9 0 N Z g 10 o 0 = 0 , Zp r 11 Od '^ 2 m U o m z U u N 12 O < U~ biW y _ 0 i Y W 13 14 0 d a < z 15 ,0 rr 16 17 18 19 20 21 ATTEST: SAN CARLOS CITY CLERK ATTEST: SAN MATEO CITY CLERK ATTEST: SOUTH SAN FRANCISCO CITY CLERK ATTEST: CITY OF SAN CARLOS MAYOR CITY OF SAN MATEO MAYOR CITY OF SOUTH SAN FRANCISCO MAYOR COUNTY OF SAN MATEO p� Certificate of Delivery d (Government Code section 25103) I certify that a copy of the original document filed in the Office of the Department of Public Works has been delivered to the President of the Board of Sanervisors. ELAINE aWALTOX HORS EY, Clerk of the Board of Supervisor 1 2 3 4 5 6 7 g 9 = 10 o ° i m O M 11 LL J In i ¢ u 12 J J O ° W 13 0 S Z u -° a <� }4 • Q � N i 6 q i 16 17 18 19 20 21 22 23 24 25 26 K, ATTEST: DALY CITY CLERK ATTEST: FOSTER CITY CITY CLERK ATTEST: HILLSBOROUGH TOWN CLERK ATTEST: MILLBRAE CITY CLERK ATTEST: REDWOOD qp' CITY CLERK CITY OF DALY CITY I�7 CITY OF FOSTER CITY MAYOR TOWN OF HILLSBOROUGH MAYOR CITY OF MILLBRAE MAYOR CITY OF REDWOOD CITY I 2 3 4 5 6 7 8 z 9 z g o w 10 z F w < 11 J rc 4 o w � m z u u 12 = Zj O Z L O w J o 13 u 14 Y wmy� c� a I 5 2 w F- 14 < m 15 s s 16 17 18 19 20 21 22 23 24 25 26 f ATTEST: 464�k. SAN CA LOS CITY CLERK ATTEST: SAN MATEO CITY CLERK ATTEST: SOUTH SAN FRANCISCO CITY CLERK ATTEST: C:1W PDocs5WJL\Samcat\Final-1.JPA CITY OF SAN CARLOS MAYOR CITY OF SAN MATEO MAYOR CITY OF SOUTH SAN FRANCISCO MAYOR COUNTY OF SAN MATEO 13 2 3 4 5 6 7 8 J i 9 J Soo 10 z � � LL Df uJF�FU� 12 L Z 13 �Ny(�g l J U Z W ] °e ~ i O1 m ai 14 6 5 7 � 15 16 17 18 19 20 21 22 23 24 25 26 b. This Agreement is made in the State of California under the Constitution and laws of the State and is to be so construed. C. To preserve a reasonable degree of flexibility, parts of this Agreement are stated in general terms. It is understood that there will be operating memoranda executed and amended from time to time that will further define the rights and obligations of the Parties and which will be consistent with this Agreement and particularly the purposes and powers of SAMCAT. 15. Severability. Should any party term, or provision of this Agreement be by any agency of competent jurisdiction decided to be illegal or in conflict with any law of the State of California, or otherwise rendered unenforceable or ineffectual, the validity of the remaining portions or provisions shall not be affected thereby. IN WITNESS WHEREOF, the Parties hereby by their duly authorized representatives, have affixed their hands on the 13 day of August , 1996. ATTEST: ' 1 tA. � VN BEL NT CIfY CLERK ATTEST: BRISBANE CITY CLERK CITY OF BELMONT L IS MAYO CITY OF BRISBANE MAYOR 11 1 2 3 4 5 6 8 L D 9 J 300 10 < z r � a 4 i U< A JJ� VN 12 I = Z W J ° 13 J U u i N 14 6 n 15 f 16 17 18 19 20 21 22 23 24 25 26 ATTEST: SAN CARLOS CITY CLERK ATTEST: SAN hkATEO CITY CLE ATTEST: SOUTH SAN FRANCISCO CITY CLERK ATTEST: C:%W PDo s5vRJ LlSamcatWiaal-1 JPA CITY OF SAN CARLOS MAYOR CITY OF SAN MATEO CITY OF SOUTH SAN FRANCISCO MAYOR COUNTY OF SAN MATEO 13 1 2 3 4 5 6 7 8 9 o a 10 p J t'1 z u N 12 2 J O t p u J O 13 N Q u U w N J J Q O N ~ 14 6 q 15 16 17 18 19 20 21 22 23 24 25 26 I ATTEST: DALY CITY CLERK I ATTEST: FOSTER CITY CITY CLERK ATTEST: CITY OF DALY CITY MAYOR CITY Of -FOSTER CITY MAYOR TOWN OF HILLSBOROUGH HILLSBOROUGH TOWN CLERK MAYOR I ATTEST: MILLBRAE CITY CLERK ATTEST: REDWOOD CITY CITY CLERK CITY OF MILLBRAE MAYOR CITY OF REDWOOD CITY MAYOR 12 1 2 3 4 5 6 7 8 w Z 9 0 N Z g o 0 10 e FW < < F 0 ° 0 0 11 U z- W 0 W , m zuwwu<�o 12 Qz 1 OJ O U2 u 13 W J I� W z o m < 14 O d a y < z 15 0 cra 16 17 18 19 20 21 22 23 24 25 26 ATTEST: DALY CITY CLERK ATTEST: FOSTER CITY CITY CLERK ATTEST: ATTEST: MILLBRAE CITY CLERK ATTEST: REDWOOD CITY CITY CLERK CITY OF DALY CITY MAYOR CITY OF FOSTER CITY MAYOR TOWN OF HILLSBOROUGH � lt4e,(aLz MAYOR CITY OF MILLBRAE MAYOR CITY OF REDWOOD CITY MAYOR 12 1 2 3 4 5 6 7 8 ll 9 J 5 0 0 10 a�w< a g o m l l LL � O ti 7 lRl u ¢ u N 12 u o w o N u 13 ] o S F 14 � a q 15 t 16 17 18 19 20 21 22 23 24 25 26 A ATTEST: DALY CITY CLERK ATTEST: FOSTER CITY CITY CLERK ATTEST: HILLSBOROUGH TOWN CLERK ATTEST: MILLBRAE CITY IbLERK ATTEST: REDWOOD CITY CITY CLERK CITY OF DALY CITY MAYOR CITY OF FOSTER CITY MAYOR TOWN OF HILLSBOROUGH MAYOR CITY OF MILLBRAE MAYOR CITY OF REDWOOD CITY MAYOR iv4 1 2 3 4 5 6 7 8 w Z 9 0 N Z g o 0 10 O i O m l l F � U ¢O y J 11 i u w u N 12 O J O L 13 Ei iiia 1`4 0 a 0 15 16 17 16 19 20 21 22 23 24 25 26 ATTEST: CITY OF DALY CITY DAY CITY CLERK MAYOR ATTEST: FOSTER CITY CITY CLERK ATTEST: HILLSBOROUGH TOWN CLERK ATTEST: MILLBRAE CITY CLERK ATTEST: REDWOOD CITY CITY CLERK CITY OF FOSTER CITY MAYOR TOWN OF HILLSBOROUGH MAYOR CITY OF MILLBRAE MAYOR CITY OF REDWOOD CITY ivirlyfolC7 12 1 2 3 4 5 6 7 8 A Z 9 0 V Z goo 10 4 J m Z U U N 12 F �° '='ow 13 N J V J SoSZF 14 _ 8 < q < n < L IS r 16 b. This Agreement is made in the State of California under the Constitution and laws of the State and is to be so construed. C. To preserve a reasonable degree of flexibility, parts of this Agreement are stated in general terms. It is understood that there will be operating memoranda executed and amended from time to time that will further define the rights and obligations of the Parties and which will be consistent with this Agreement and particularly the purposes and powers of SAMCAT. 15. Severability. Should any party term, or provision of this Agreement be by any agency of competent jurisdiction decided to be illegal or in conflict with any law of the State of California, or otherwise rendered unenforceable or ineffectual, the validity of the remaining portions or provisions shall not be affected thereby. IN WITNESS WHEREOF, the Parties hereby by their duly authorized representatives, have affixed their hands on the22Ld day of �JU.I V, 1996. 17 ATTEST: 18 19 20 21 22 23 24 25 26 BELMONT CITY CLERK ATTEST: CITY OF BELMONT u •G CITY OF BRISBANE r � qRISBANt CITY C ERK MAYOR 11 1 2 3 4 5 6 7 8 9 z10 0 0 r < < tw z r om-0 11 0 a U n 12 0 0 13 N 6 Y U u u 0 0z t 14 i A 15 16 17 18 19 20 21 22 23 24 25 26 ATTEST: SAN CARLOS CITY CLERK ATTEST: SAN MATEO CITY CLERK ATTEST: / .1 ��A SOUTH- . :r. CITY CLERK A ATTEST: GAW PDocs5XRJWan"t%Fwul-1 JPA CITY OF SAN CARLOS MAYOR CITY OF SAN MATEO MAYOR CITY OF SOUTH SAN FRANCISCO MA AOR I COUNTY OF SAN MATEO 13 ATTACHMENT TO: FIRST AMENDED JOINT POWERS AGREEMENT ESTABLISHING THE SAN MATEO COUNTY TELECOMMUNICATIONS AUTHORITY ("SAMCAT) IN WITNESS WHEREOF, the Parties hereby by their duly authorized representatives have affixed their hands on the ATTEST 7th day of 12 JULY 1997. CITY OF BURLINGAME Pft-/- /h - D 't3 MAYO