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RESOLUTION NO. 106-2010
APPROVING A PROJECT OPERATING AGREEMENT WITH THE EAST BAY
REGIONAL COMMUNICATIONS SYSTEM AUTHORITY (EBRCSA) AND
AUTHORIZING THE EXECUTION AND IMPLEMENTATION OF SAME
WHEREAS, the Town of Danville is a member of the East Bay Regional
Communications System Authority (the "EBRCSA"), a joint powers authority organized
and existing under and by virtue of the laws of the State of California, pursuant to a
Joint Exercise of Powers Agreement dated as of September 11, 2007; and
WHEREAS, the EBRCSA is authorized to acquire, plan, design, finance, construct,
operate and maintain a P-25 compliant communications system serving Alameda and
Contra Costa Counties and individual political jurisdictions therein, including the Town
of Danville (the "Project"); and
WHEREAS, the EBRCSA intends to issue Revenue Bonds (the "Bonds") for the purpose
of financing the acquisition, construction and operation of the Project, and will own and
operate the Project for the benefit of its members and subscribers; and
WHEREAS, the Bonds are to be secured by a pledge of, and first lien on, annual
payments by each member and subscriber for the service provided by the Project to pay
the principal of and interest on the Bonds; and
WHEREAS, the Operating Agreement attached hereto as Exhibit 1 sets forth the terms
and conditions of Service Payments and Operating Payments by the Town of Danville
for EBRCSA's acquisition, construction and operation of the Project for the benefit of its
members and subscribers, including the Town of Danville; and
WHEREAS, the Operating Agreement is intended to establish a means of providing
Revenues for the Project, and is not in itself an approval of the Project; and
WHEREAS, execution of the Operating Agreement is in the best interest of the Town of
Danville; now, therefore, be it
RESOLVED, that the Danville Town Council hereby approves the Operating
Agreement in the form attached hereto as Exhibit 1; and, be it further
RESOLVED, that the Danville Town Council authorizes the Town Manager to execute
the Operating Agreement; and, be it further
RESOLVED, that the Danville Town Council authorizes the Town Manager to execute
such further documents and take such further actions as may be necessary and
appropriate to implement the intent of this Resolution, which do not materially or
substantially increase the Town of Danville's obligations thereunder.
APPROVED by the Danville Town Council at a regular meeting on September 7, 2010
by the following vote:
AYES: Doyle, Stepper, Andersen, Arnerich, Storer
NOES: None ~
ABSTAINED: None
ABSENT: None
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APPROVED AS TO FORM:
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