HomeMy WebLinkAboutReso 148-05 LAFCOWestDubRch
RESOLUTION NO. 148 - 05
A RESOLUTION OF THE CITY COUNelL
OF THE CITY OF DUBLIN
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APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBLIN
AND THE ALAMEDA COUNTY LOCAL AGENCY FORMATION COMMISSION (LAFCO)
REGARDING THE DUBLIN RANCH WEST REORGANIZATION AND
AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT
WHEREAS, the Alameda County Local Agency Formation Commission (LAFCo) required as a
condition of approval of the Dublin Ranch West Reorganization that the City enter into an agreement with
LAFCo to indemnifY LAFCo against any expenses arising ITom any legal actions challenging the Dublin
Ranch West Reorganization;
WHEREAS, the Council is familiar with the terms of the agreement; and
WHEREAS, the City Manager has recommended approval of the agreement.
NOW, THEREFORE BE IT RESOLVED, that the Agreement between the City of Dublin and
the Alameda County Local Agency Formation Commission Regarding the Dublin Ranch West
Reorganization is hereby approved and the Mayor is hereby authorized and directed to execute the
Agreement in substantially the form attached as Exhibit A to the agenda statement.
PASSED, APPROVED AND ADOPTED this 5th day of July 2005, by the following vote:
AYES: Councilmembers Hildenbrand, Oravetz and Zika, and Mayor Lockhart
NOES: None
ABSENT: Councilmember McConnick
ATTEST:
:1rt\l~ Q ~
Deputy City Clerk
Mayor
ABSTAIN: None
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AGREEMENT BETWEEN ALAMEDA
LOCAL AGENCY FORMATION COMM.ISSION and CITY 'OF DUBLIN
REGARDING DUBLIN RANCH WEST REORGANIZATION
THIS AGREEMENT dated for identification this 6th day of June, 2005, is entered
into by and between the Alameda Local Agency Formation Commission ("LAFCo"), a
subdivision of the State of California, and the City of Dublin ("Dublin"), a municipal
corporation.
Recitals
1. Dublin applied forand, on May 12, 2005, the Alameda LAFCo approved
an annexation of 188.9 .:!: acres of territory to the City of Dublin ("the Annexation").
2. LAFCo's approval was conditioned upon, among other things, Dublin and
LAFCo entering into an agreement to indemnify LAFCo against any expenses arising
from any legal actions challenging the Annexation.
NOW, THEREFORE, LAFCo and Dublin agree as follows:
Section 1. Indemnification. In the event any legal action or proceeding is
instituted against LAFCo (or naming LAFCo as a real party in interest) challenging the
Annexation, or any of LAFCo's actions related thereto, Dublin shall indemnify LAFCo
from anvcosts or liabilities incurred bv LAFCo as a result of any such action or
'" .. - ~
proceeding, inciuding any award to opposing counsel of attorney's fees or costs. Dubiin
also agrees to reimburse LAFCo for the Commission's reasonable expenses resulting
from any such legal action or proceeding. Such expenses include LAFCo's counsel's
charges for representing LAFCo in any such action, costs of preparing the
administrative record in any such action (including LAFCo staff costs), and all other
expenses incurred by LAFCo as a result of any such action or proceeding.
LAFCo intends to use its staff to represent it in this action. LAFCo will coordinate
the defense of this action with the City of Dublin. LAFCo retains the right to obtain
outside counsel to represent it in litigation, if necessary. LAFCo will do so only after
consultation with the City of Dublin.
Section 2.
Miscellaneous Provisions.
A. Successors and Assigns. This agreement shall apply to, bind and inure to the
benefit of successors in interest of the parties hereto, including heirs, assigns,
executors, administrators and all other parties, whether they succeed by operation of
law or voluntary acts.
B. No Third-Party Beneficiaries. This agreement is entered only for the benefit of
the parties executing this agreement and not for the benefit of any other individual,
entity or person.
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C. Amendments. This agreement may be amended in writing by the mutual
agreement of the original parties or their successors in interest.
D. Applicable Law. This agreement shall be construed and enforced in accordance
with the laws of the State of California.
E. Counterparts. This agreement maybe executed and delivered in counterparts, .
each of which shall be an original and all of which shall constitute on and the same
instrument. '
IN WITNESS WHEREOF , the parties have executed this agreement the day and
year first above written.
ALAMEDA LOCAL AGENCY FORMATION
COMMISSION
CITY OF DUBLIN
Janet Lockhart, Mayor
Lou Ann Texeira, Executive Officer
Date:
Date:
Attest:
Attest:
LAFCo Clerk
City Clerk
Approved as to form:
Approved as to form:
LAFCo Legal Counsel
City Attorney