86-163 Underground Service Alert (USA) Participating Member Agreement for notification of excavations in public streets Reso 6956RESOLUTION 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 of 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 a regular meeting of the City Council of the
City of Cupertino this 2nd day of September 1986, by the
following vote:
Vote Members of the Citv Council
AYES:
Gatto, Johnson, Plungy,
NOES:
None
ABSENT:
None
ABSTAIN:
None
ATTEST:
/s/ Roberta A. Wolfe
-Deputy - City Clerk
Sparks, Rogers
APPROVED:
/s/ Barbara A. Rogers
Mayor, City of Cupertino
PARTICIPATING MEMBER AGREEMENT
THIS AGREEMENT, made and entered into this 2nd day of
September 19 86 , by and between the UNDERGROUND
SERVICE ALERT OF NORTHERN CALIFORNIA AND NEVADA (hereinafter
referred to as "USA" and THE CITY OF CUPFRTTNQ
(hereinafter referred to as
"Participating Member").
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 has reviewed the USA Articles of
Incorporation, By -Laws and Operating Procedures and hereby
accepts and agrees to be bound by the terms and conditions
thereof.
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 Agreement
to be executed by their duly authorized officers as of the day
and year above first written.
PLEASE SIGN AND RETURN TO
THE USA MANAGER:
4090 Nelson Avenue -Suite A
Concord, CA 94520
APPROVED AS TO ORM•
City Attorney
ATTEST
j&_.CYty Clerk
THE C..TTV CimT+_CTdp�FT��l9
PARTICIPATING MEMBER
By
Title Mayor, City of Cupertino
UNDERGROUND SERVICE ALERT OF
NORTHER.N�-QALIFOPNIA ANEVNEVADA
By
Title
Under round Service Alert
July 24, 1986
USA Members:
At long last here are the Underground Service Alert of
Northern California and Nevada's Articles of Incorporation, By
Laws and Operating Procedures incorporated June 25, 1986 for your
signature.
Incorporation will strengthen our program, benefit all USA
Members, and reduce our cost of operation.
This document was recommended by USA Committee Members and
duly adopted by the Board of Directors, May 21, 1985 and replaces
the existing USA Agreement.
Enclosed is your copy of the Articles of Incorporation,
ByLaws and Operating Procedures including a Participating Member
Agreement with my signature representing USA. Fill in needed
information on page 46 and keep for your file.
We have also attached one unnumbered copy of the Partici-
pating Member Agreement to be completed and returned to the USA
Manager.
A. Fill in the day, month, year.
B. Fill in the name of your organization at the tog of the page.
C. Fill in your name as a Participating Member near the bottom.
D. Sign as Participating Member.
E. Send only this copy back to the USA Manager.
It's as simple as that and we sincerely appreciate your kind
cooperation.
If you have any questions, please feel free to give me a
call.
JBH:oft
Enclosure
715A6.JB
Sincerely,
e e
Presid0ent
4090 NELSON AVENUE, SUITE A CONCORD, CALIFORNIA 945,20 (415) 798-9504