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Home My WebLink AboutMINUTES - 04041989 - 1.71 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on Aril 4 , 1989 , by the following vote: AYES: Supervisors Fanden, McPeak, Schroder, Torlakson. NOES: None. ABSENT: Supervisor Powers. ABSTAIN: None. SUBJECT: Westcat Joint Powers Agreement Amendment The Board received a report from County Counsel dated March 29 , 1989 with respect to the Seventh Amendment to Westcat Joint Exercise of Powers Agreement and Board referral of January 31 , 1989 . IT IS BY THE BOARD ORDERED that the attached report is hereby ACKNOWLEDGED. 1 hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.�� ATTESTED: PHIL BATCI ELOR,Clerk of the Board of Supervisors and County Administrator Deputy cc : County Administrator County Counsel/ / u COUNTY COUNSEL'S OFFIC RECEIVED CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA Date: March 29, 1989 FHL BATCHVLOR CLERK BOARD OF SUPERVISORS C TRA_C. ST CO- To: Board of Supervisors From: Victor J. Westman, County Counsel By: David F. Schmidt, Deputy County Counsel 1� Re: Seventh Amendment to Westcat Joint Exercise of Powers Agreement Board Referral of 1-31-89 On January 31, 1989, the Board referred to this office for recommendation a letter dated 1-20-89 from Ronald Serviss, Transit Manager, Western Contra Costa County Transit Authority. Mr. Serviss's letter requested that the Board approve the above- described amendment at its earliest convenience. In response to Mr. Serviss's .letter, this office prepared a clean draft of the above-described amendment, which draft incorporates the additional language requested by Westcat. The clean draft has been forwarded to Westcat (see attached copy of 3- 23-89 memo from Community Development Department) . As soon as the amendment has been approved by the City of Hercules and the City of Pinole, this office will place the amendment on the Board's agenda for your consideration. The action described in this memo completes the Board's referral of January 31, 1989 . DFS:tb Attachments e,1) CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT TO: Western Contra Costa County DATE: March 23, 1989 Transit Authority ATTN: Ron Service County Counsel FROM: Ronald deV i Admi Services Officer YAR •21, 1989 SUBJECT: Seventh Amendment of WESTCA�Agreement Martinez, CA 94553 The attached draft has been reviewed by County Counsel and staff of this department. We find it acceptable in its present . form which incorporates a few minor revisions to your submittal . Assuming that the attached draft correctly addresses the concerns and meets with the approval of the Cities of Pinole and Hercules, we would ask that you have the final document signed by the proper city authorities and returned to us for presentation to our Board of Supervisors. Should you have questions about the form of the attached document, please contact David Schmidt of the County Counsel 's office (646-2057) . RdV:cg Attachment .�� cc: David Schmidt, County Counsel 's Office admin/westcat.mmo DFS:tb 650 T-1 A*.\dfs\memo\WCCCTA.r SEVENTH AMENDMENT OF WESTERN CONTRA COSTA.COUNTY TRANSIT AUTHORITY (WCCCTA) AGREEMENT (Contra Costa County, Hercules and Pinole) 1 . Parties and Date. Effective on May 1, 1989, the COUNTY OF ' CONTRA COSTA, a political subdivision of the State of California, herein called "County, " the CITY OF HERCULES,, the CITY OF, PINOLE, all situated in Contra Costa County, California, and herein collectively referred to as "Cities, " as individual public entities, mutually promise and agree as follows: 2. Purpose. Consistent with and as provided under the laws of the State of California, this amendment grants WCCCTA the power to acquire, construct, manage, maintain or operate any building, works or improvements, and further grants WCCCTA the power to acquire, hold or dispose of property. 3. Amendment. Section 6. ..of the JOINT EXERCISE OF POWERS AGREEMENT ESTABLISHING WESTERN CONTRA COSTA COUNTY TRANSIT AUTHORITY, dated August 3, 1976, as amended by the FIRST AMENDMENT OF WESTERN CONTRA COSTA COUNTY TRANSIT kANSIT AUTHORITY AGREEMENT dated August 30, 1979, and as amended by the SECOND AMENDMENT OF WESTERN CONTRA COSTA COUNTY TRANSIT AUTHORITY AGREEMENT dated August 31, 1980, and as amended by the THIRD AMENDMENT of WESTERN CONTRA COSTA COUNTY TRANSIT AUTHORITY AGREEMENT dated August 19 , 1980, and as amended by the FOURTH AMENDMENT of WESTERN CONTRA COSTA COUNTY TRANSIT AUTHORITY AGREEMENT dated August 31, 1981, and as amended by the FIFTH AMENDMENT of WESTERN CONTRA COSTA COUNTY TRANSIT AUTHORITY AGREEMENT dated August 31, 1983, and as amended by the SIXTH AMENDMENT of WESTERN CONTRA COSTA COUNTY TRANSIT AUTHORITY AGREEMENT dated August 31, 1985, is hereby further amended to read as follows: 6 . POWERS AND FUNCTIONS WCCCTA shall have the common power of the parties to own, operate, and maintain a public transit system and, in the exercise of the power under this Agreement, WCCCTA is authorized in its own name to: (a) Employ agents and employees and contract for professional services; (b-) Make and enter contracts for transit operations and other purposes; (c) Incur debts, obligations, 4nd liabilities; (d) 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 transit facilities . WCCCTA may also accept contributions, grants, or loans from other than the foregoing sources; . (e) Invest (in the treasury of the County of Contra Costa) money 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; (f) Acquire, construct, manage, maintain or operate any building, works or improvements; J (g) Take by grant, purchase, devise, or lease, or condemn in proceedings under eminent domain or otherwise acquire, and hold and enjoy, real and personal property of every kind necessary to the full or convenient exercise of its powers. WCCCTA may lease, mortgage, sell or otherwise dispose of any real or personal property necessary to the full or convenient exercise of its powers; (h) Do all other acts reasonable and necessary to carry out the purpose of this Agreement; and (i) Sue and be sued. The powers to be exercised by WCCCTA are subject to such restrictions upon the manner of exercising such powers as are imposed upon the County of Contra Costa in the exercise of similar powers, or, if the County of Contra Costa is not a party to this Agreement, upon the most populous city which is a party to this Agreement. WCCCTA shall be strictly accountable for all funds received, held, and disbursed by it. 4 . Original Agreement. Except as amended above, the August 3, 1976, JOINT EXERCISE OF POWERS .AGREEMENT ESTABLISHING WESTERN CONTRA COSTA COUNTY TRANSIT AUTHORITY remains in full force and effect. I& WITNESS THEREOF, the parties hereto have executed this amendment in counterparts by their duly authorized officers and representatives as of the day and year first above written. APPROVED AS TO FORM: CITY OF PINOLE By: City Attorney Mayor ATTEST: By: City Clerk APPROVED AS TO FORM: CITY OF HERCULES By: City Attorney Mayor ATTEST: By: City Clerk APPROVED AS TO FORM: CONTRA COSTA COUNTY Victor J. Westman, By: County Counsel Chair, Board of Supervisors By: ATTEST: Phil Batchelor, County Deputy Administrator and Clerk of the Board of Supervisors By: Deputy F �r