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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO RESOLUTION NO. 2010 -124 RESOLUTION APPROVING A PROJECT OPERATING AGREEMENT WITH THE EAST BAY REGIONAL COMMUNICATIONS SYSTEM AUTHORITY AND AUTHORIZING THE EXECUTION AND IMPLEMENTATION OF SAME WHEREAS, the City of San Leandro is a member of the East Bay Regional Communications System Authority (EBRCSA), a joint powers authority organized and existing under 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 (Project), including the City of San Leandro; and WHEREAS, the EBRCSA intends to issue Revenue Bonds (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 sets forth the terms and conditions of Service Payments and Operating Payments by the City of San Leandro for the EBRCSA's acquisition, construction, and operation of the Project for the benefit of its members and subscribers, including the City of San Leandro; and WHEREAS, the Operating Agreement is intended to establish a means of providing Revenues for the Project, and is not itself an approval of the Project; and WHEREAS, execution of the Operating Agreement is in the best interest of the City of San Leandro. NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of San Leandro hereby: (1) approves the Operating Agreement in the form attached hereto; (2) authorizes the City Manager to execute the Operating Agreement; and (3) authorizes the City Manager to execute such further documents and take such further actions as may be necessary and appropriate to implement the intent of this Resolution and which do not materially or substantially increase the City of San Leandro's obligations thereunder.