HomeMy WebLinkAboutCC Resolution 15347 (Marin Wildfire Prevention Authority (MWPA) Joint Powers Authority Agreement)RESOLUTION NO. 15347
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING
AMENDMENTS IN THE MARIN WILDFIRE PREVENTION AUTHORITY JOINT EXERCISE OF
POWERS OF AUTHORITY AGREEMENT
WHEREAS, in March of 2020 Marin County voters approved a tax measure to fund the
Marin Wildfire Prevention Authority (“MWPA”) governed by a joint exercise of powers of authority
(JPA) agreement between seventeen (17) member agencies; and
WHEREAS, since inception, member agencies and staff have noted opportunities to
revise and improve the agreement; and
WHEREAS, on July 18, 2024, the Marin Wildfire Board of Directors approved the
Amended JPA Agreement in the form attached to this report; and
WHEREAS, the amended JPA Agreement must be executed by three-fourths of the
governing boards of the Marin Wildfire member agencies to take effect.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael
hereby approves the changes as outlined in the MWPA Amended JPA Agreement, attached as
Exhibit A.
I, Lindsay Lara, Clerk of the City of San Rafael, hereby certify foregoing resolution was
duly and regularly introduced and adopted at a regular meeting on the City Council of said City
held on Monday, the 7th day of October 2024, by the following vote to wit:
AYES: COUNCILMEMBERS: Hill, Kertz & Mayor Kate
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Bushey & Llorens Gulati
__
LINDSAY LARA, City Clerk
ATTACHMENTS
1. Exhibit A: Marin Wildlife Prevention Authority Amended and Restated Joint Exercise of
Powers of Authority Agreement
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AMENDED AND RESTATED
JOINT EXERCISE OF POWERS AGREEMENT
FOR
MARIN WILDFIRE PREVENTION AUTHORITY
This Amended and Restated Joint Exercise of Powers Agreement for the Marin Wildfire
Prevention Authority (“Agreement”) is entered into pursuant to Sections 6500 et seq. of the
California Government Code, by and between the following local agencies: the cities of San
Rafael, Mill Valley, and Larkspur (“Cities”); the towns of San Anselmo, Corte Madera, Fairfax,
and Ross (“Towns”); the County of Marin (including Service Areas 13, 19 and 31 collectively
referred to as “County”); the Fire Protection Districts of Southern Marin, Novato, Kentfield,
Stinson Beach, Bolinas, and Sleepy Hollow, the Marinwood Community Services District, the
Inverness Public Utility District, and Muir Beach Community Services District (“Districts”);
“Cities,” “Towns,” “County,” and “Districts” are referred to in their individual capacities outside
of this Agreement as “Local Agencies,” and are referred to for the purposes of participation in
this Agreement as “Member” or “Members”.
RECITALS
WHEREAS, the growing wildfire risk in Marin County does not respect jurisdictional
boundaries and needs immediate action and sustained commitment to better protect Marin
residents, homes and businesses; and
WHEREAS, intensifying climate change and extensive fuel build-up are contributing to
the increasing threat of wildfire throughout Marin County and, to the extent possible, should be
addressed through ecologically sound practices that minimize release of greenhouse gases and
protect the biodiversity and resilience of Marin’s landscapes; and
WHEREAS, individual homes and properties are only as fire resilient as the surrounding
homes and properties within each neighborhood or area; and
WHEREAS, the more than 260,000 people living in Marin County receive fire
protection and emergency response services provided by 19 separate cities, towns, fire districts
and the County of Marin and no single agency currently exists for coordinating wildfire
prevention; and
WHEREAS, local fire agencies, communities, emergency service providers, city and
towns governments and the County of Marin must coordinate wildfire prevention and disaster
preparedness and mitigation, including maintaining defensible space, reducing combustible
vegetation, making homes fire resistant and planning for organized evacuation in an emergency;
and
Exhibit A
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WHEREAS, in 2016 the Marin County Fire Department published a Community
Wildfire Protection Plan, identifying specific steps needed to reduce the risk of wildfire and
related loss of life and property in Marin; and
WHEREAS, in 2018 Marin County published Lessons Learned from North Bay Fire
Siege, summarizing key findings and conclusions from the 2017 wildfires that devastated
Sonoma, Napa, Lake, Solano and Butte counties, burned nearly 250,000 acres, destroyed nearly
9,000 structures, forced 90,000 evacuations, caused $14.5 billion in property damage and killed
44 people; and
WHEREAS, in 2019 the Marin County Civil Grand Jury issued Wildfire Preparedness:
A New Approach, a report identifying an urgent need for a coordinated wildfire prevention
program in Marin and providing detailed recommendations for reducing wildfire risk and
securing dedicated funding for wildfire prevention programs; and
WHEREAS, efforts are needed to assist seniors, persons with disabilities, and low-
income households to maintain defensible space, make homes fire resistant, and prepare for
emergencies to mitigate wildfire threats to structures and defensible space; and
WHEREAS, each of Marin’s communities has unique local needs such as wildfire risk
from homeless encampments or road widening for safe evacuations and the Marin Wildfire
Prevention Authority (“Marin Wildfire”) will seek to address these specific local needs with a
local wildfire mitigation program that assists local fire agencies in meeting unique community
needs while sustaining a core countywide program for consistency; and
WHEREAS, the most effective way to protect all of our communities from the risk of
wildfire is to come together in a joint powers authority to implement a countywide program of
priority fire prevention, education and vegetation management; and
WHEREAS, the Marin Wildfire was formed when the 17 Members entered into the
original joint exercise of powers agreement (“original agreement”) and Measure C, including
Ordinance No. 3716, was approved by 70.8% of voters in March 2020 to impose a tax on all
parcels of real property in Marin County within the boundaries of Marin Wildfire’s Members,
which are defined as “Member Taxing Entities” under the Ordinance; and
WHEREAS, effective July 1, 2023, the City of Mill Valley consolidated its fire
department and taxing authority for fire protection and prevention with the Southern Marin Fire
District. As the original agreement did not address this type of action on the part of a Member
Taxing Entity at the time the consolidation took effect, on August 17, 2023, the Marin Wildfire
Board of Directors voted unanimously to allow the City of Mill Valley to remain a Member until
the expiration of Measure C; and
WHEREAS, the Members wish to amend and restate the original agreement to reflect
the current structure of Marin Wildfire and to address matters that were not included in the
original agreement; and
WHEREAS, the Members find that the amendments reflected in this Agreement comport
with the purpose of the voter approved measure, as set forth in Section 1 of this Agreement;
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NOW, THEREFORE, for and in consideration of the mutual benefits, covenants, and
agreements set forth herein, the Members agree as follows:
SECTION 1. Authority and Purpose
a.This Agreement is made under the authority of Sections 6500 through 6515,
inclusive, of the California Government Code, among the Members.
b.The purpose of this Agreement is to establish a Joint Powers Authority separate
from the Local Agencies. This Authority is to be known as the Marin Wildfire
Prevention Authority and may be referred to as Marin Wildfire. Marin Wildfire
will plan, finance, implement, manage, own and operate a multi-jurisdictional and
county-wide agency to prevent and mitigate wildfires in Marin County. Each
Member individually, at the time Measure C including Ordinance No. 3716
passed in 2020, had the statutory ability to provide fire suppression, protection,
prevention and related incidental services. The purpose and intent of this
Agreement is to jointly exercise the foregoing common powers in the manner set
forth herein.
SECTION 2. Term of Agreement
This Agreement becomes effective upon the first date that at least three quarters (3/4)
of the 17 Local Agencies listed above (i.e., 13 Local Agencies) approve the
Agreement at a public meeting. It shall remain in effect until it is terminated pursuant
to Section 16 or amended in accordance with Section 21.
SECTION 3. Membership
a.Initial Membership. To become an initial Member, the Local Agency executed
the original agreement and approved the County of Marin placing the tax measure
on the ballot by October 31, 2019. A Local Agency geographically located in
Marin County that possessed fire protection responsibilities must have adopted a
resolution of their governing board to become a participating signatory to this
Agreement and Member of Marin Wildfire. At that time, 17 of the Local
Agencies had done so.
b.Successor Membership. If, due to changes in circumstances (including, but not
limited to changes in fire suppression responsibility approved by LAFCO) a
Member’s fire suppression responsibility is transferred to a new or different
public agency, that new or different public agency shall be admitted as a Member
upon approval of such membership and this Agreement by such public agency’s
governing body.
c.Member Withdrawal and Consolidation.
1)Withdrawal. A Member that wishes to withdraw from Marin Wildfire
must provide written notice to Marin Wildfire at least one (1) year
prior to the Board of Directors' final action to propose a tax renewal
measure for consideration by Members. A Member’s withdrawal will
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take effect upon the expiration of the tax that is in place at the time
such withdrawal notice is provided to the Board of Directors.
2) Consolidation/Merger. If, due to changes in circumstances a
Member’s fire protection responsibility and taxing authority for fire
protection and prevention is transferred to a new or different public
agency that results in a Member losing its fire protection responsibility
and its Member taxing authority, the Member will be withdrawn from
Marin Wildfire upon expiration of the tax that is in place at the time of
any such changed circumstance.
d. Additional Members. A Local Agency geographically located in Marin County
that possesses fire protection responsibilities may become a Member only when
Marin Wildfire seeks to renew the tax that funds Marin Wildfire. Specifically, the
Local Agency must adopt a resolution of their governing board to become a
participating signatory to this Agreement, as amended, and must approve placing
a tax measure on the ballot in conformance with Section 5(f) of this Agreement.
The Board of Directors must adopt a resolution authorizing membership of the
new Member, specifying conditions, if any, associated with membership,
including a one-time pro rata charge to compensate for past expenditures and
investments of Marin Wildfire that will be of benefit to the Member upon joining
Marin Wildfire (“New Member Charge”). The Board of Directors’ determination
of the conditions, if any, including the New Member Charge, is final.
1) If the tax renewal measure is approved by the voters, each Additional
Member will be considered a Member and will be represented on Marin
Wildfire’s Board of Directors. If a New Member Charge is required upon
joining Marin Wildfire, that Charge will be deducted from the New
Member’s Local-specific wildfire prevention funding described in Section
9(d) until the Charge is paid in full. The New Member will also have the
option of paying in full the Charge within sixty (60) days of joining Marin
Wildfire.
2) If the tax renewal measure is not approved, this Agreement will terminate
and assets will be allocated among the Initial Members as outlined in
Section 16 and the new Member(s) will not become Member(s) or serve
on Marin Wildfire’s Board of Directors.
SECTION 4. Board of Directors
a. Marin Wildfire will be governed by a Board of Directors comprising elected
leaders from each Member to ensure that wildfire programs and resources are
directed to areas of greatest need and opportunity for community benefit.
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b. Marin Wildfire shall be governed by the Board of Directors which is hereby
established. The Board of Directors shall be comprised of Directors who are
elected officials of the Members, and each Member shall have one Director on the
Board of Directors.
c. The Board of Directors shall hold at least two meetings each year as determined
by its bylaws. Special Meetings of the Board may be called in accordance with
the provisions of the Brown Act and Government Code Section 54956.
d. Minutes of the adjourned, regular and special meetings of the Board shall be kept
and said minutes shall be available to Members and the public on Marin
Wildfire’s website. A majority of the Directors of the Board will constitute a
quorum; however, if the number of Members is an even number, then 50% of the
Directors of the Board will constitute a quorum. In the event of a meeting of the
Board with less than a quorum, the present Directors will only have the power to
dismiss a meeting. For purposes of conducting business, a majority of the
quorum will be authorized to act on behalf of Marin Wildfire, subject to the
voting conditions set forth in Section 4.f.
e. The Board shall elect, at its first meeting of each fiscal year, a President and Vice
President. The President and Vice President shall serve one-year terms, but can
be re-elected. The President shall represent Marin Wildfire and execute any
contracts and other documents when required by the bylaws. The Vice President
shall serve in the absence of the President.
f. Voting. For all votes conducted by the Board, a proposed motion subject to vote
passes when both following conditions are satisfied: (1) a majority of the
Directors present vote in favor of a motion, and (2) the Directors present and
voting in favor of a motion represent, in the aggregate, according to the then latest
general census, over 50% of the population represented by the Member agencies
present in the quorum.
g. The Board may adopt from time to time such policies, procedures, bylaws, rules
and regulations for the conduct of its affairs as deemed necessary by the Board.
SECTION 5. Powers of Marin Wildfire
a. Marin Wildfire shall have all of the necessary powers and authorities granted by
law to exercise the common powers of its members in providing wildfire
suppression, protection, prevention and related and incidental services, with
members retaining all powers.
b. Marin Wildfire shall have all of the necessary powers to evaluate structures and
defensible space and provide structural fire protection advice to enhance
compliance of parcels of land and buildings meeting local fire and building codes,
as well the power to create neighborhood and public education programs to
reduce wildfire vulnerability and improve neighborhood preparedness.
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c. Marin Wildfire may contract with private companies and public agencies to
create, implement and operate Marin Wildfire to provide wildfire protection and
prevention, as well as to ensure buildings meet fire and building codes.
d. Marin Wildfire may make and enter into contracts; adopt budgets; employ and
retain agents and personnel; retain legal counsel; retain consultants and engineers;
acquire grants; acquire, hold, lease and dispose of real and personal property;
accept donations; sue and be sued; and possess and exercise all other powers
common to the Members. The intent of this provision is to allow Marin Wildfire
flexibility in making fiscally sound staffing decisions.
e. Marin Wildfire may incur debt and issue bonds or any like instruments of no more
than 10% of its annual budget in order to efficiently provide the service
enumerated herein in compliance with the pertinent sections of the Government
Code of the State of California. Specifically, Marin Wildfire can incur debt in its
own name under any law authorizing a joint power authority to do so, including
Government Code Section 6540 et seq., and the Marks-Roos Local Bond Pooling
Act of 1985, and Government Code Section 6584 et seq.
f. Marin Wildfire may authorize taxes pursuant to Government Code Sections
50075 et seq., 53978, or any successor statutes. Subsequent taxes shall be levied
and assessed as a special parcel tax by the County of Marin, on behalf of itself
and Member Taxing Entities, on all parcels of real property in the Member Taxing
Entities for each fiscal year.
g. Marin Wildfire may exercise the powers permitted pursuant to Government Code
Section 6504 or any successor statute. Pursuant to Government Code Section
6509.5, Marin Wildfire is entitled to invest any money in the treasury that is not
required for the immediate necessities of Marin Wildfire.
h. Marin Wildfire may do all things necessary and lawful to carry out the purpose of
this Agreement.
i. As required by Government Code Section 6509, one Member must be designated
such that the power of Marin Wildfire is subject to the restrictions upon the
manner of exercising power possessed by the Member. The County of Marin is
designated as the Government Code Section 6509 public entity.
SECTION 6. Operations Committee
a. The Operations Committee shall be responsible for creating a recommended
annual budget and a recommended annual work plan for the Board. The
Operations Committee shall meet at least twice per year at a reasonable time
before the Board must establish its budget. The Operations Committee
representatives should strive for a balance of executive/administrative and fire
expertise on the committee. The Operations Committee shall be composed of
representatives who are agency staff or contract employees , one from each of the
Members. The Operations Committee meetings will be held in accordance with
the Ralph M. Brown Act, Government Code sections 54950 et seq.
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b. Voting. For all votes conducted by the Operations Committee, a proposed motion
subject to vote passes when both following conditions are satisfied: (1) a majority
of the representatives of the Operations Committee present vote in favor of a
motion, and (2) the representatives of the Operation Committee present and
voting in favor of a motion represent, in the aggregate, according to the then latest
general census, over 50% of the population represented by the Member agencies
present in the quorum.
SECTION 7. Reserved
SECTION 8. Community Oversight Committee
The Board of Directors will create a Community Oversight Committee. The
Community Oversight Committee will review Marin Wildfire’s spending on an
annual basis following the report from the Treasurer. After review of the previous
year’s work program and the financial audit, the Community Oversight Committee
will adopt a report on the spending of the parcel tax funds and the previous year's
work program to evaluate consistency with the tax measure. Community Oversight
Committee participants will be residents who are neither elected officials of any
government entity, nor public employees of any Member. Service on the Community
Oversight Committee will be restricted to individuals who reside in Marin
County. Participants on the Community Oversight Committee will be required to
submit a statement of financial disclosure and participation will be restricted to
individuals without economic interest in any of Marin Wildfire’s projects. The
Community Oversight Committee may create subcommittees to monitor the
deliberations of the Board of Directors and Operations Committee. The Board of
Directors shall appoint participants to the Community Oversight Committee from
applications received as set forth below:
• Five participants, each residing in one of these five general geographical areas:
West Marin, Novato, San Rafael, Central Marin, and Southern Marin.
• One participant from a taxpayer organization of Marin County.
• One participant from environmental organizations of Marin County.
• One participant from Firewise communities or similar fire prevention
organization.
• One participant from a non-partisan community-based organization.
• One nonvoting youth member (age 14-18) for a one-year term rotating between
the five general geographical areas, when possible.
SECTION 9. Funding
a. The Board shall adopt an annual budget for Marin Wildfire’s activities by June 1
of each year. In adopting the annual budget, the Board must consider
recommendations from the Operations Committee. The annual budget shall
identify the programs of Marin Wildfire and allocate funds by program. The
budget and accounting system shall account for direct and overhead costs by
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program. The Board shall allocate these costs for each program with the adoption
of the annual budget. To the extent changes to the budget under California law
require approval of more than a simple majority of Members, the population
representation requirement of Section 4.f. shall not increase.
b. The core program functions of Marin Wildfire will be funded by 60% of the tax
measure proceeds and will consist of, but not be limited to, vegetation
management; wildfire detection; evacuation plans and alerts; grants; and public
education. Marin Wildfire may allocate core funds to local wildfire prevention
efforts, should the Board of Directors determine the core functions of Marin
Wildfire are being served. Vegetation management funds will be allocated with
consideration towards equitable spending over the five operational zones. As part
of the five-year review of the funding levels described in Section 9f, at least 80%
of the revenue generated for vegetation management by each operational zone
should be allocated within the respective zone. If this requirement is not met, it
must be remedied within the next five-year period.
c. Defensible space and fire-resistant structure evaluations, and mitigation of fire
threats thereof, will be funded by 20% of the tax measure proceeds and will be
done on a shared service basis or by the responsible Member consistent with
Section 10.
d. Local-specific wildfire prevention efforts will be funded by 20% of the tax
measure proceeds and allocated to each Member in proportion to revenue raised
in each Member’s respective tax rate areas. Members must certify that the tax
measure proceeds are used consistent with the purpose of Marin Wildfire and that
the tax measure expenses result in a higher level of service than would otherwise
be provided by the Member.
e. An administrative cost of not more than 10% will be budgeted for each program,
including the core program, defensible space and fire-resistant structure
evaluation program, and local-specific wildfire prevention efforts. Should a
Member locally administer the defensible space evaluations pursuant to Section
10, an administrative cost will not be withheld by Marin Wildfire for that
program. The Board shall determine the methodology for calculating
administrative costs.
f. In Fiscal Year 2025-26, 2030-31, 2035-36 and continuing every five years
thereafter, the Board may alter the funding levels of the core program functions of
subsection 9.b. and the defensible space evaluations from subsection 9.c. The
local-specific wildfire prevention efforts of subsection 9.d. will remain funded by
20% of the tax measure proceeds. A vote to alter the funding levels pursuant to
this section shall require two-thirds approval of Directors voting to alter the
funding levels, while maintaining the over 50% of the population represented by
the Member agencies requirement in accordance with the voting rules set forth in
Section 4.f. Should the Board approve changes to the funding levels of the
programs, to provide adequate notice to Member agencies, those changes will not
go into effect until two fiscal years after the changes were approved. For
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example, if funding levels of programs are altered during Fiscal Year 2025-26,
those changes will not be implemented until the budget of Fiscal Year 2027-28.
SECTION 10. Option to Locally Administer the Section 5.b. Defensible Space
Program
Should a Member choose to locally administer the power set forth in Section 5.b., that
Member shall evaluate structures and defensible space so property owners can
enhance compliance with fire and building codes through homeowner education and,
as necessary, enforcement follow-up. The Member choosing to locally administer the
Defensible Space Program must certify that the Member shall use the funds provided
by Marin Wildfire exclusively to evaluate defensible space and to enhance
compliance with structures and land meeting fire and building codes, and not for any
other purpose. Tax measure proceeds will be allocated to Members choosing to
locally administer in an amount approximately equal to each Member’s proportion of
revenue raised in each Member’s respective tax rate areas, as determined by the
Board. For those Members remaining in the defensible space program, Marin
Wildfire will expend the tax measure proceeds in an amount approximately equal to
each Member’s proportion of revenue raised in each Member’s respective tax rate
areas.
SECTION 11. Exemptions
Marin Wildfire shall be responsible for technical tax adjustments, consistent with the
ballot measure. Whenever possible, Marin Wildfire must defer to reasonable requests
from the Marin County Tax Collector to accommodate exemptions for parcels that are
roads or creek beds, as wells as split parcels ineligible for an assessor parcel
combination solely because the parcels are not in the same tax rate area.
SECTION 12. Duties of Treasurer
a. The Treasurer of Marin Wildfire shall be the Treasurer of one of the Members
and/or a certified public accountant appointed by the Board of Directors in
accordance with the provisions of the applicable law. Marin Wildfire at its first
meeting and thereafter at its first meeting of the fiscal year shall elect a Treasurer
and establish terms with the Member agency. This person shall also function as
the Controller of Marin Wildfire.
b. The Treasurer shall serve as the depository and have custody of all Authority
funds and establish and maintain such books, records, funds, and accounts as may
be required by generally accepted accounting practice, shall cause an independent
annual audit of the accounts and records and comply with all requirements of
Government Code Sections 6505, 6505.1, 6505.5 and 6505.6.
c. The Treasurer, within one hundred and twenty (120) days after the close of each
fiscal year ending on June 30, or as soon thereafter as possible, shall give a
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complete written report of all financial activities for such fiscal year to the
Members.
SECTION 13. Debts and Liabilities
As permitted pursuant to Government Code Section 6508.1, no debt, liability, or
obligation of Marin Wildfire shall constitute a debt, liability, or obligation of any
Member and each Member’s obligation hereunder is expressly limited only to the
appropriation and contribution of such funds as may be levied pursuant to this
Agreement or as the Member may agree.
SECTION 14. Insurance and Indemnification
Marin Wildfire shall acquire such insurance protection as is needed to protect the
interests of Marin Wildfire and the Members, and such cost shall not count toward the
administrative fee of Section 9.e. Marin Wildfire may use self-insurance and may
contract with a Member for insurance services. Marin Wildfire shall defend and
indemnify and hold harmless the Members and each of their respective officers,
agents and employees, from all claims, losses, damages, costs, injury and liability of
every kind, nature and description directly or indirectly arising from the performance
of any of the activities of Marin Wildfire or the activities undertaken pursuant to this
Agreement (collectively, “Liabilities”), except where such Liabilities are caused solely by
the gross negligence or willful misconduct of any indemnitee.
SECTION 15. Privileges, Immunities and Other Benefits
In accordance with California Government Code Section 6513, all of the privileges
and immunities from liability, all exemptions from laws, ordinances and rules, and all
pension, relief, disability, workmen’s compensation, and other benefits which apply
to the activity of the trustees, officers, employees or agents of the Members when
performing their functions shall apply to the same degree and extent while engaged
in the performance of any of their functions and duties for Marin Wildfire.
SECTION 16. Termination; Disposition of Assets.
a. Should a tax measure to be placed on the ballot fail to pass or is subsequently
repealed, this Agreement is terminated and shall be of no further effect upon
certification of the election results.
b. In accordance with Government Code Section 6512, upon termination of this
Agreement, any surplus money in possession of Marin Wildfire or on deposit in
any fund or account of Marin Wildfire shall be returned in proportion to the
contributions made by the tax payers of each Member’s jurisdiction. Any other
property of Marin Wildfire shall be divided among the Members in such manner
as shall be determined by Marin Wildfire in accordance with California law.
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c. If a tax measure is rescinded, all decisions of the Board with regard to
determination of amounts to be transferred to Members or any successor shall be
final.
SECTION 17. Severability
If any provision of the Agreement or its application to any person or circumstances is
held invalid, the remainder of this Agreement and the application of the provision to
other persons or circumstances shall not be affected.
SECTION 18. No Rights to Third Parties
All of the terms, conditions, rights and duties provided for in the Agreement are, and
shall always be, solely for the benefit of the Members. It is the intent of the Members
that no third party shall ever be the intended beneficiary of any performance, duty or
right created or required pursuant to the terms and conditions of this Agreement.
Nothing in this Section shall be interpreted to preclude the work of the Authority
being done on private land.
SECTION 19. Notices.
Notices to Members under this Agreement shall be sufficient if delivered to the City
Clerk or chief secretarial officer of the Member, or to any other person designated in
writing by the Member.
SECTION 20. Prohibition Against Assignment.
No Member may assign any right, claim, or interest it may have under this
Agreement, and no creditor, assignee or third-party beneficiary of any Member shall
have any right, claim or title to any part, share, interest or assets under this
Agreement.
SECTION 21. Amendments
This Agreement may be amended at any time by one or more supplemental
agreements executed by mutual agreement of three-fourths (3/4) of the governing
boards of the Members, so long as any amendment comports with the purpose of the
voter approved measure, as set forth in Section 1 of this Agreement.
SECTION 22. Agreement Complete
The foregoing constitutes the full and complete Agreement of the parties with respect
to the subject matter hereof, and supersedes all prior understandings or agreements
whether written or verbal. There are no oral understandings or agreement not set forth
in writing herein. Any such agreements merge into this Agreement.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their
proper officers thereunder duly authorized as of the date of approval by the public agencies that
are parties hereto. This Agreement shall be executed in counterparts.
Dated:____________________ _______________________________
By:____________________________
