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
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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
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E. The Members desire to include further changes in this Agreement to allow
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SAMCAT to have additional authority to negotiate, develop and implement agreements
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and procedures with respect to cable television, telecommunication services, public
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property leases related to telecommunications and cellular and fiber optic equipment and
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services, and collect data, hold hearings, and regulate cable television (CAN) rates and
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other matters permitted by the State and Federal regulations for local cable television
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(CAN) franchising authorities on behalf of the Members.
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NOW THEREFORE, the Members, in consideration of the mutual promises and
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agreements contained herein, AGREE AS FOLLOWS:
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1. Purpose. The Members are entering into this Agreement for the sole
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purposes of:
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a. jointly addressing complaints from customers and potential customers
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of CAN within the jurisdictions of Members and including, but not limited to,
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the operation of a common office(s) to receive and address such complaints,
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the hiring of personnel to receive and address complaints;
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b. jointly operating or contracting for the operation of public, educational,
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and/or government access facilities;
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C. jointly providing research resources, including consultants,
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model ordinance and franchise provisions, to assist members in
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negotiating franchises, right-of-way agreements; lease and service
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agreements. These roles shall not be limited to cable television
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service agreements involving cable television, telephone, competitive
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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;
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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;
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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.
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studying and
developing model
agreements and
procedures
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city -owned
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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.
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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;
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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
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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.
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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.
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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
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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
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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
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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
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CITY OF FOSTER CITY
MAYOR
TOWN OF HILLSBOROUGH
MAYOR
CITY OF MILLBRAE
MAYOR
CITY OF REDWOOD CITY
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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
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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
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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
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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
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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
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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
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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
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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:
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BELMONT CITY CLERK
ATTEST:
CITY OF BELMONT
u •G
CITY OF BRISBANE
r �
qRISBANt CITY C ERK MAYOR
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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