HomeMy WebLinkAboutReso 1990-597 - Shasta Area Safety Communications Agency Joint Powers Agreement 410
I.
RESOLUTION NO. 90-597
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING ENTERING INTO A "SHASTA AREA SAFETY
COMMUNICATIONS AGENCY JOINT POWERS AGREEMENT" BY AND AMONG
THE COUNTY OF SHASTA, CITY OF REDDING, AND CITY OF
ANDERSON, AND AUTHORIZING THE MAYOR TO EXECUTE ALL
NECESSARY DOCUMENTATION IN CONNECTION THEREWITH.
IT IS HEREBY RESOLVED by the City Council of the City of Redding
that the City of Redding enter into a "Shasta Area Safety
Communications Agency Joint Powers Agreement" by and among the County
of Shasta, City of Redding, and City of Anderson, a true copy of
which is attached hereto and incorporated herein by reference.
BE IT FURTHER RESOLVED that the Mayor of the City of Redding is
hereby authorized and directed to sign said Joint Powers Agreement
and all other necessary documentation in connection therewith on
behalf of the City of Redding, and that the City Clerk is hereby
authorized and directed to attest the signature of the Mayor and to
impress the official seal of the City of Redding thereto.
I HEREBY CERTIFY that the foregoing Resolution was introduced
and read at a regular meeting of the City Council of the City of
Redding on the 4th day of December , 1990, and was duly adopted at
said meeting by the following vote:
AYES: COUNCIL MEMBERS: Arness, Fulton, Moss & Dahl
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Buffum
ABSTAIN: COUNCIL MEMBERS: None
7/2L�
MIKE DAHL, Vice Mayor
City of Redding
ATTEST: ORM PROVED:
C� Ct'• dui ,
ETHEL A. NICHOLS, City Clerk R DALL A. HAYS, City Attorney
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SHASTA AREA
SAFETY COMMUNICATIONS AGENCY
JOINT POWERS AGREEMENT
This Joint Powers Agreement is made and executed,by and among the County of
Shasta, the City of Redding, and the City of Anderson, (hereinafter jointly referred to as
"Participating Agencies").
WHEREAS, the Participating Agencies each have operated and do now operate
(either independently or by contracts with one another) dispatch and 9-1-1 emergency
communication facilities for law enforcement, fire protection, and/or emergency medical
purposes; and
'WHEREAS, the Participating Agencies employ skilled personnel to operate these
facilities and own certain equipment which is used to perform dispatch and communication
services; and
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WHEREAS, it is believed that each of the Participating Agencies and the public will
benefit if these emergency support activities are consolidated and are thereafter provided
by a consolidated public safety support services agency;
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
1.0 CREATION OF JOINT POWERS AGENCY. Pursuant to Chapter 5, Article 1,
commencing with Section 6500 et seq. of the Government Code and upon the effective date
of this Agreement, there is hereby created a consolidated public safety support services
agency, hereinafter called "Shasta Area Safety Communications Agency," or "SHASCOM."
Participating Agencies each hereby assign to SHASCOM the responsibility for dispatch and
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9-1-1 or E-9-1-1- Pubic Safety Communications for the purpose of communication and
dispatching for public safety and emergencies in all incorporated and unincorporated areas -
of Shasta County which are under the jurisdiction of any of the Participating Agencies.
Such agency shall be and is hereby created as a separate legal entity as authorized
by Section 6500 et seq. of the Government Code.
2.0 PURPOSES. The purposes of SHASCOM are:
2.1 To provide dispatch services for law enforcement, and fire and rescue service
providers within the jurisdictions of the participating agencies;
2.2 To provide a 9-1-1 public safety answering point; and
2.3 To engineer, install, provide service, maintain and repair microwave systems, and
ground-based and mobile radio systems in connection therewith.
3.0 EFFECTIVE DATE. The creation of SHASCOM shall be deemed to be effective
upon the execution of this agreement by the following agencies: The County of Shasta, the
City of Redding, and the City of Anderson.
4.0 PARTIES. SHASCOM will be composed of the Participating Agencies. The
Participating Agencies, upon their execution of this agreement, are the County of Shasta,
City of Redding and City of Anderson. Participating Agencies reserve to themselves the
ability to amend this agreement. Pursuant to Section 6.0, herein, the Participating Agencies
shall appoint the governing board of SHASCOM from its membership and those members
of the governing board shall be the only voting members of SHASCOM.
5.0 ASSOCIATE AGENCIES. Other agencies may contract with SHASCOM to obtain
consolidated dispatch and other services provided by.SHASCOM. For the purpose of this
agreement, these agencies shall be known as "Associate Agencies."
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5.1 Upon adoption of an agreement with SHASCOM, the following may be
Associate Agencies: the United States Forest Service, the State of California acting
by and through the California Department of Forestry and Fire Protection, the fire
protection districts serving any portion of Shasta County, any community service
district providing fire protection services within this County, and other public or
private public safety or emergency services entities whose association with
SHASCOM is deemed by SHASCOM to be beneficial to the people of Shasta
County. The terms and conditions of such agreements shall be negotiated by and
I between each Agency and SHASCOM. Associate Agencies shall not be voting
members of SHASCOM.
6.0; BOARD OF DIRECTORS. SHASCOM shall be governed by the Board of Directors,
hereinafter referred to as the 'Board."
6.1 The Board shall be composed of the following:
6.1.1 Two members of the Shasta County Board of Supervisors;
6.1.2 Two members of the Redding City Council; and
6.13 One member of the Anderson City Council.
6.2 The functions of the Board shall be to:
6.2.1 Approve and adopt the annual operating and capital budgets for
SHASCOM; and
6.2.2 Establish policies and procedures for expenditures of budgeted items
for SHASCOM.
6.23 Provide for or delegate the functions of program development, policy
formulation and program management.
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6.3 The Board may delegate to the Management Council established pursuant to
the provisions of Section 7 of this agreement, the functions of program development,
policy formulation and program management.
6.4 The Board shall meet on a quarterly basis, or as necessary as called by the
Board Chairperson, or a majority of the Board members.
6.5 The presence of a majority of members of the Board shall be necessary to
constitute a quorum for the transaction of business, and the acts of a majority of
Board members present at a meeting at which a quorum is present shall constitute
the acts of the Board.
6.6 The members of the Board may name alternates to serve in their absence,
subject to the condition that any alternate shall also be an elected official of the
same agency as the member of the SHASCOM Board.
6.7 At its first meeting, the Board shall:
6.7.1 Appoint a Chairperson and Vice-Chairperson;
6.7.2 Establish a time and place for regular meetings; and
6.73 Adopt a set of bylaws which are not inconsistent with either the
applicable law or with this agreement. Each Board member, Management
Council member, Participating Agency and Associate Agency shall receive a
copy of the bylaws. Thereafter, the Board may adopt additional bylaws or
regulations which are not inconsistent either with the applicable law or with
this agreement. Each bylaw amendment adopted by the Board shall be sent
to each Board member, Management Council member, Participating Agency
and Associate Agency.
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6.8 At any Board meeting, including its organizational meeting, the Board may
consider such matters as it deems proper for carrying out the purposes of this •
agreement, provided that the Board complies with the requirements of the Brown
Act.
6.9 The Secretary of the Management Council shall serve as the Secretary to the
Board.
7.0 MANAGEMENT COUNCIL As specified herein, the purpose of the Management
Council is to oversee the management of the day-to-day operations of SHASCOM.
7.1 The Management Council shall be composed of the following members:
7.1.1 The Shasta County Sheriff;
7.1.2 The Chief of Police of the City of Redding;
7.13 The Chief of Police of the City of Anderson;
7.1.4 The Fire Chief of the City of Redding; and
7.1.5 The Shasta County Fire Warden.
7.2 The Board may delegate the following functions to the Management Council,
pursuant to Section 6.3:
7.2.1 Development and implementation of the operational priorities, policies
and procedures for systems development, programs and operations;
7.2.2 Employment or termination, as necessary, of the General Manager;
7.23 Supervision of the General Manager in the development and
maintenance of programs provided by SHASCOM; and
7.2.4 Review and recommendation to the Board on the operating and capital
budget proposal of the General Manager.
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7.3 The Management Council shall meet once each month, and as necessary on a
special basis, as called by the Chairperson.
7.4 The presence of a majority of members of the Management Council shall be
necessary to constitute a quorum for the transaction of business, and the acts of a
majority of Management Council members present at a meeting at which a quorum
is present shall constitute the acts of the Management Council.
7.5 The members of the Management Council may, in accordance with provisions
of their adopted bylaws, name alternates to serve in their absence.
7.6 At its first meeting, the Management Council shall:
7.6.1 Appoint a Chairperson, a Vice Chairperson and a Secretary;
7.6.2 Establish a time and place for regular meetings; and
7.6.3 Adopt a set of bylaws which are not inconsistent with the Board's
Bylaws, nor inconsistent with the applicable law or this agreement. The
Management Council's Bylaws and any amendments thereto shall be sent to
each Board member and each Management Council member.
7.7 Thereafter at its first meeting in each succeeding fiscal year, the Management
Council shall appoint new officers. The appointment of the Chairperson shall rotate
among the members of the Management Council.
7.8 At any meeting, including its organizational meeting, the Management Council
may consider such matters as it deems proper for carrying out the purpose of this
agreement.
8.0 POWERS AND FUNCTIONS OF SHASCOM. In the exercise of the power granted
to it by this agreement, SHASCOM is authorized in its own name to:
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8.1 Employ agents and employees, establish salaries and benefits, and contract for
professional services;
8.2 Make and enter into contracts;
8.3 Incur debts, obligations, and liabilities; provided, however, the debts, obligations
and liabilities incurred by SHASCOM shall not be, nor shall they be deemed to be,
debts, obligations or liabilities of any Participating Agency;
8.4 Acquire, convey, construct, manage, maintain and operate buildings and
improvements;
8.5 Acquire, hold and convey real and personal property;
8.6 Accept contributions, grants, or loans from any public agency, or the United
States or any department, instrumentality, or agency thereof, for the purpose of
financing the planning, acquisition, construction, maintenance, or operation of
facilities and/or services. SHASCOM may also accept contributions, grants, or loans
from other than the foregoing sources, including private foundations, organizations,
corporations or individuals;
8.7 Invest surplus money in its treasury that is not needed for immediate necessities,
as the Board determines advisable, in the same manner and upon the same
conditions as other local entities in accordance with Section 53601 of the
Government Code;
8.8 Purchase insurance, join insurance pooling programs and/or develop and
maintain a self-insurance reserve;
8.9 Sue and be sued; and
8.10 Designate the date on which SHASCOM shall commence performance of
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each of its functions, and inform and coordinate the transition with each Participating
Agency and Associate Agency.
9.0 PLANNING AND DEVELOPMENT ACTIVITrES. Upon execution of this agreement
by the Participating Agencies, SHASCOM shall be authorized to perform the following
activities:
9.1 Identify the preferred site for the location of a communications center;
9.2 Design the facility which will house SHASCOM's permanent and ongoing
activities; and
9.3 Recommend to Participating Agencies a Facility and Funding Plan for the
establishment of the communications center.
9.4 Designate a time line for the performance and completion of each development
activity.
10.0 PERMANENT AND ONGOING ACTTVITIES. Upon the adoption by the
Participating Agencies of the Facility and Funding Plan recommended, by SHASCOM,
SHASCOM shall be authorized to perform any and all other activities which are consistent
with this agreement.
11.0 GENERAL MANAGER. The Management Council, subject to Section 7.2.2 herein,
shall select and hire a General Manager who shall serve at the Management Council's
pleasure or upon the terms prescribed by it under the Management Council's rules and
regulations. The powers and duties of the General Manager are:
11.1 To lead and coordinate the technical administrative responsibilities of
SHASCOM;
11.2 To appoint, assign, supervise and, subject to SHASCOM personnel rules and
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state laws applicable to public employees, discipline or remove SHASCOM
employees;
11.3 To supervise and direct the preparation of the annual operating and capital
improvement budgets for the review and recommendations of the Management
Council and consideration for adoption by the Board, and be responsible for their
administration after approval and adoption;
11.4 To formulate and present to the Management Council plans for •
communications and emergency facilities and services within SHASCOM and the
means to finance them;
11.5 To supervise the planning, acquisition, construction,maintenance and operation
of the communications and emergency services facilities of SHASCOM;
11.6 To attend all meetings of the Board and the Management Council and to
assist the secretaries of the Board and of the Management Council;
11.7 To execute transfers within major budget units, as long as the total expenditures
of each major budget unit remain unchanged; and
11.8 To perform such other duties as the Management Council may require in
carrying out its policies and directives.
12.0 EMPLOYEES. Prior to the filling of operational positions established by the
Management Council, the Management Council shall adopt necessary rules and procedures
to administer a personnel program for SHASCOM employees. Such rules and procedures
shall include, but not be limited to: hiring, employee status, performance evaluations,
disciplinary actions and employee rights, including rights to representation. Methods of
establishing and modifying salary and benefit practices shall also be included.
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13.0 FISCAL YEAR. The fiscal period of SHASCOM shall be the year beginning July
1 and ending June 30.
14.0 BUDGET. For each fiscal year, capital and operating budgets shall be proposed and
adopted which ace consistent with the funding ability of the Participating Agencies.
14.1 The General Manager shall propose an operating budget and a capital budget
to the Management Council on or before February 1 of each year. The Management
Council shall review and make such recommendations on the budgets as it deems
appropriate.
14.2 The General Manager shall forward the proposed budget with the comments
and recommendations of the Management Council to the Board on or before March
1 of each year.
143 The budget will include an estimate of the amount each Participating Agency
and Associate Agency would be charged for services rendered during the upcoming
year based on criteria in Paragraph 16 below. These estimates will be forwarded to
the Participating Agencies and Associate Agencies for consideration as part of their
annual budgets.
14.4 Budgetary changes during the year may be approved by the Board through a
simple majority vote, if the action does not increase any Participating Agency's
contribution. In the event that a budgetary change would increase the contribution
of any Participating Agency, such change shall be submitted to the governing body
of that agency for review and approval.
15.0 CONTRIBUTION. Each Participating Agency shall make certain contributions
toward the start-up costs and initiation of services of SHASCOM.
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15.1 The costs for the following activities shall be apportioned among the
Participating Agencies according to the formula in Section 15.2.
15.1.1 Administrative, planning and design costs incurred during the
Planning and Development Activities Phase as described in Section 9 herein.
15.1.2 Administrative costs incurred during the Permanent and Ongoing
Activities Phase as described in Section 10 herein which are incurred prior
to the initiation of the provision of dispatch services.
15.2 The formula used to determine the rate of contribution of each Participating
Agency is as follows:
County of Shasta - 45%
City of Redding - 45%
City of Anderson - 10%
15.3 The Participating Agencies will make available for the use of SHASCOM
certain equipment and other resources.
15.3.1 Title to this equipment shall remain with the contributing Participating
Agency.
15.3.2 SHASCOM agrees to repair, maintain and insure this equipment while
it is housed and used by SHASCOM.
16.0 COSTS FOR SERVICES. The cost charged to each Participating Agency and
Associate Agency for support of ongoing services performed by SHASCOM shall be in
proportion to the services provided by SHASCOM to each Participating Agency and to each
Associate Agency.
16.1 The unit for calculating the amount of service provided will be a "Call for
Service," which is defined as an activity by a dispatcher which is initiated either by
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a member of the general public or by a field observation from any user of the
system.
16.2 In each annual budget, the total costs of operation shall be divided by the
projected number of calls for service. The figure resulting from this calculation shall
be the cost per call.
163 The amount to be paid by each Participating Agency shall be calculated by
multiplying this cost per call by the number of calls for which that Participating
Agency is responsible.
17.0 METHOD OF PAYMENT FOR OPERATING EXPENSES. Each Participating
Agency of SHASCOM agrees to make payments for services performed on its behalf by
SHASCOM.
17.1 Each Participating Agency shall pay its share of total operating costs in
quarterly installments before the first day of each quarter, based on quarterly billings
by the General Manager. The quarterly billing shall represent the contribution for
the following quarter for services to be provided by SHASCOM.
17.1.1 Within thirty (30) days of the end of each fiscal year, the actual
number of calls for service for each Participating Agency will be multiplied
by the cost per call, in order to arrive at the true cost of the services provided
by SHASCOM to that Participating Agency. Any adjustment necessary to
reconcile prior payments with this cost shall be made in the next quarterly
billing.
17.2 If a Participating Agency is delinquent in paying SHASCOM and SHASCOM's
financial obligations cannot be met as a result thereof, SHASCOM may borrow such
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funds and the delinquent Participating Agency shall be responsible to reimburse
SHASCOM for the delinquent amount plus finance charges, interest and
administrative expenses incurred.
18.0 SUPPORT SERVICES: TREASURER AUDITOR AND AUDIT.
18.1 Pursuant to the requirements of Section 6505.5 of the Government Code, the
Treasurer of the County of Shasta is designated to be the depository and to have
custody of all SHASCOM funds, from whatever source, and to perform the following
functions:
18.1.1 Receive all money, including quarterly checks resulting from collection
services, for SHASCOM and place it in the Treasury of the County of Shasta
to the credit of SHASCOM;
18.1.2 Be responsible upon official bond for the safekeeping, investment and
disbursement of all SHASCOM money so held; and
18.13 Pay all sums due from SHASCOM or its assigns or any portion
thereof, upon warrant when the demands have been approved by SHASCOM.
18.2 The Auditor-Controller of the County of Shasta is designated the Auditor for
SHASCOM. There shall be strict accountability of all funds and the Auditor will
report to SHASCOM all receipts and disbursements. In addition, the Auditor will
either make, or contract for, an audit of the accounts and records at least annually,
as prescribed by Sections 6505 and 6505.5 of the Government Code. In each case,
the minimum requirements of the audit shall be those prescribed by the State
Controller for special districts under Section 26909 of the Government Code, and
the auditor shall conform to generally accepted auditing standards. The books of
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account shall include records of assets, liabilities, and contributions made by each
Participating Agency.
183 The costs for services provided by the Treasurer and Auditor shall be
negotiated prior to the adoption of the operating budget for each fiscal year and
shall be included in that budget.
19.0 SUPPORT SERVICES: OTHER. The Board shall have the option of assigning to
one or more of its employees, or of contracting with a private contractor or one of the
Participating Agencies for provision of the following services: legal counsel, general
services, garage services, office space, fueling services, parking, utilities, administrative
support, personnel, payroll and other support services. The costs for services provided
shall be negotiated prior to the adoption of the operating budget for each fiscal year and
shall :be included in that budget.
20.0 E-9-1-1 SERVICE. The Participating Agencies agree that SHASCOM will be
responsible for providing Emergency 9-1-1 services within each of their jurisdictions.
21.0 FREQUENCIES. Each Participating Agency and Associate Age‘-icy retains the
ownership of its radio frequencies, but shall make the use of each such frequency available
to SHASCOM and each Participating Agency or Associate Agency for the purpose of
carrying out the provisions of this agreement.
22.0 INDEMNITY. SHASCOM shall indemnify, defend and hold harmless the
Participating Agencies hereto and their officers, agents, servants, and employees free from
any and all claims, losses, costs or liability resulting to any person, firm or corporation or
any other public or private entity for damages of any kind, including, but not limited to,
injury, harm, sickness or death to persons and/or property from any cause whatsoever
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arising from or in any way connected with the performance and exercise of its powers.
23.0 INSURANCE. SHASCOM shall obtain all insurance necessary for its operation or
shall maintain a self-insurance reserve for that purpose.
24.0 DEBTS AND LIABILITIES. The debts, liabilities, and obligations of SHASCOM
shall not be debts, liabilities or obligations of the Participating Agencies.
25.0 TERM OF AGREEMENT. The agreement shall remain in force until at least two
of the Participating Agencies have withdrawn according to conditions described in Section
26 of this agreement.
26.0 WITHDRAWAL.
26.1 During the period in which SHASCOM is performing only "Planning and
Development Activities," any Participating Agency may withdraw by giving thirty
(30) days' written notice to the Board.
26.1.1 The withdrawing party shall continue to be financially responsible for
its share of financial obligations and liabilities incurred prior,to the withdrawal
date.
26.2 After SHASCOM is performing activities described as"Permanent and Ongoing
Activities," a Participating Agency may withdraw upon no less than three (3) years'
prior written notice to the Board.
26.2.1 The withdrawing party shall continue to be financially responsible for
its share of financial obligations and liabilities incurred prior to the withdrawal
date.
26.2.2 Upon such withdrawal, no withdrawing party shall be entitled to any
distribution or withdrawal of property or funds except as may be agreed to
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by SHASCOM; however, such parties shall be entitled to participate in the
return of surplus money upon the completion of the purpose of the •
• Agreement according to the provisions of Section 27 below.
26.3 An Associate Agency may terminate its participation according to the
termination terms and conditions described in its individual contract with
SHASCOM.
27.0 TERMINATION OF THE AGREEMENT. This Agreement shall be deemed to be
terminated upon the withdrawal of two or more of the Participating Agencies according to
the procedures in Section 26 herein. Upon such termination any surplus money on hand
shall be returned to Participating Agencies (and former Participating Agencies) in
proportion to the contributions made by the several Participating Agencies during the three
years prior to the termination.
28.0 AMENDMENTS. This agreement may be amended by an agreement in writing
executed by all Participating Agencies.
29.0 SEVERABILITY. Should any part, term, or provision of this agreement be finally
decided to be in conflict with any law of the United States or of the State of California, or
otherwise be unenforceable or ineffectual, the validity of the remaining parts, terms,
portions or provisions shall be deemed severable and shall not be affected thereby, provided
such remaining portions or provisions can be construed in substance to constitute the
agreement the Participating Agencies intended to enter into in the first instance.
30.0 NEW PARTICIPATING AGENCIES. Agencies which are not Participating Agencies
according to Section 4.0 may become Participating Agencies provided that the Board, the
Management Council and the existing Participating Agencies each by majority vote, agree
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to accept the new party, subject to any conditions established by the Board and the
Management Council upon which the new membership shall be approved.
31.0 NOTICES. Any notices required by this agreement shall be in writing and made to
the following:
If to County: Michael D. Johnson
Chief Executive Officer
Courthouse, Room 206
1500 Court Street
Redding, CA 96001
If to City of Redding: City Manager
City of Redding
760 Parkview Avenue
Redding, Ca 96001
If to City of Anderson: City Manager
City of Anderson
1887 Howard Street
Anderson, CA 96007
IN WITNESS WHEREOF, the parties have executed this Agreement on the date
first above-mentioned.
A'1'l'BST: CITY OF REDDING
By
Ethel A. Nichols, City Clerk MIKE DAHL, Vice Mayor
APPROVED AS TO FORM:
Randall A. Hays, City Attorney
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ATTEST: CITY OF ANDERSON
By
Jacqueline J. Hensley Peter A. Smolenski, Mayor
City Clerk
APPROVED AS TO FORM
Michael A. Fitzpatrick
City Attorney
COUNTY OF SHASTA
a political subdivision of the State of
California.
By
Roy F. ("Pete") Peters, Chairman
Board of Supervisors
County of Shasta, State of California
ATTEST:
Elaine Vandevert
By
Deputy
APPROVED AS TO FORM: '
Karen Keating Jahr
Acting County Counsel
By
11/28/90 18