CC Resolution No. 6956
RESOLUTION NO, 6956
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF PARTICIPATING MEMBER AGREEMENT
BETWEEN THE CITY OF CUPERTINO AND THE UNDERGROUND SERVICE
ALERT OF NORTHERN CALIFORNIA AND NEVADA
WHEREAS, the City 0' Cupertino previously entered into an agreement
with Underground Service Alert (USA), providing for notification of
excavations in public streets; and
WHEREAS, Underground Service Alert has subsequently been incorporated
and organized under the laws of the State of California under the name of
"Underground Service Alert of Northern California and Nevada"; thus requiring
execution of "Participating Member Agreement" if the City wishes to continue
to utilize its services; and
WHEREAS, the City Attorney has reviewed the Articles of Incorporation
and by laws of Underground Service Alert of Northern California and Nevada,
and has approved it as to form,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino hereby authorizes the Mayor and the City Clerk to execute the
aforementioned agreement in behalf of the City of Cupertino.
PASSED AND ADOPTED at
City of Cupertino this
following vote:
a regular meeting of the City Council of the
2nd day of September ,1986, by the
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Gatto, Johnson, Plungy, Sparks, Rogers
None
None
None
ATTEST:
APPROVED:
/s/ Roberta A. Wolfe
-Deputy· City Clerk
/s/ Barbara A. Rogers
Mayor, City of Cupertino
PARTICIPATING MEMBER AGREEMENT
THIS AGREEMENT, made and entered into this
day of
19____, by and between the UNDERGROUND
SERVICE ALERT OF NORTHERN CALIFORNIA AND NEVADA (hereinafter
referred to as "USA" and
"Participating Member").
(hereinafter
referred
to
as
WITNESSETH:
WHEREAS, USA is a nonprofit mutual benefit corporation organized
under the laws of the State of California which operates a
regional notification center to facilitate notice to members with
underground facilities of proposed excavation; and
WHEREAS, Participating Member desires to become a member of USA
and USA desires to accept Participating Member as a member.
NOW, THEREFORE, the parties hereto agree as follows:
1. Participating Member
Incorporation, By-Laws
accepts and agrees to
thereof.
has reviewed
and Operating
be bound by the
the USA
Procedures
terms and
Articles of
and hereby
conditions
2. Participating Member agrees to pay the rates and assessments
as established by the USA Board of Directors from time to time.
3. This Agreement shall become effective on the day and year
above first written and shall continue in effect until
Participating Member's membership is terminated pursuant to
Article II, section 5 of the USA By-Laws
IN WITNESS WHEREOF, the parties hereto have caused this
to be executed by their duly authorized officers as of
and year above first written.
Agreement
the day
PARTICIPATING MEMBER
By
Title
By
Ti
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