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12
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2018
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011618
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1/11/2018 12:12:25 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
1/16/2018
DESTRUCT DATE
15Y
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Section 14. Contributions and Advances. <br /> Contributions or advances of public funds and of the use of personnel, equipment or <br /> property may be made to the Authority by the Members for any of the purposes of this <br /> Agreement. Payment of public funds may be made to defray the cost of any such contribution or <br /> advance. Any such advance may be made subject to repayment, and in such case shall be <br /> repaid, in the manner agreed upon by the Authority and the Member making such advance at <br /> the time of such advance. It is mutually understood and agreed to that no Member has any <br /> obligation to make advances or contributions to the Authority to provide for the costs and <br /> expenses of administration of the Authority, even though any Member may do so. The Members <br /> understand and agree that a portion of the funds of the Authority that otherwise may be <br /> allocated or distributed to the Members may instead be used to make grants, loans or provide <br /> other financial assistance to governmental units and nonprofit organizations (e.g., the <br /> Foundation)to accomplish any of the governmental unit's or nonprofit organization's purposes. <br /> Section 15. Jmmunities. <br /> All of the privileges and immunities from liabilities, exemptions from laws, ordinances <br /> and rules, and other benefits which apply to the activity of officers, agents or employees of <br /> Members when performing their respective functions within the territorial limits of their <br /> respective public agencies, shall apply to the same degree and extent to the Directors, officers, <br /> employees, agents or other representatives of the Authority while engaged in the performance <br /> of any of their functions or duties under the provisions of this Agreement. <br /> Section 16. Amendments. <br /> Except as provided in Section 12 above, this Agreement shall not be amended, <br /> modified, or altered, unless the negative consent of each of the Members is obtained. To obtain <br /> the negative consent of each of the Members, the following negative consent procedure shall be <br /> followed: (a) the Authority shall provide each Member with a notice at least sixty (60) days prior <br /> to the date such proposed amendment is to become effective explaining the nature of such <br /> proposed amendment and this negative consent procedure; (b) the Authority shall provide each <br /> Member who did not respond a reminder notice with a notice at least thirty (30) days prior to the <br /> date such proposed amendment is to become effective; and (c) if no Member objects to the <br /> proposed amendment in writing within sixty (60) days after the initial notice, the proposed <br /> amendment shall become effective with respect to all Members. <br /> Section 17. Effectiveness. <br /> This Agreement shall become effective and be in full force and effect and a legal, valid <br /> and binding obligation of each of the Members on the date that the Board shall have received <br /> from two of the Initial Members an executed counterpart of this Agreement, together with a <br /> certified copy of a resolution of the governing body of each such Initial Member approving this <br /> Agreement and the execution and delivery hereof. <br />
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