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(e) To acquire, construct, manage, maintain, operate and control any building, transportation services, public or private works or improvements necessary to perform its functions under this Agreement; (t) To acquire, hold or dispose of property necessary to perform its functions under this Agreement, including the power to acquire property by eminent domain to the extent allowed by state law; (g) To sue and be sued in its own name; (h) To incur debts, liabilities or obligations, subject to limitations herein set forth; (i) To levy and collect fees and charges, including administrative and operating costs, as provided in this Agreement or by law, against all entities to which the law applies, both signatory and non signatory to this Agreement; (j) To adopt, as authorized by law, ordinances or resolutions necessary to carry out the purposes of this Agreement; (k) To seek regional, state and federal funding to assist in paying the cost of carrying out the duties described in this Agreement, including but not limited to preparing, adopting, amending, administering and implementing the Congestion Management Program, the programs and projects described in the Alameda County 2000 Transportation Expenditure Plan and activities described in this Agreement; and (l) To recommend, adopt and amend the Congestion Management Program to the extent allowed by law. (m) To exercise any and all other powers that may be exercised by members of ACTC. 12. VOTE REQUIRED. A majority of the voting power of those present and voting shall be required for all actions of the ACTC; except that a two thirds vote of the total voting power shall be required to amend the Alameda County 2000 Transportation Expenditure Plan. 13. STAFFING. The ACTC may appoint and retain staff as necessary to fulfill its powers, duties and responsibilities under this Agreement, including but not limited to appointment of temporary or permanent staff and contracting with any Local Agency. 14. RESTRICTION UPON EXERCISE OF POWER OF ACTC. This Agreement is entered into under the provisions of Government Code section 6500 et seq. concerning joint powers agreements. The powers to be exercised hereunder shall be subject to the restrictions set forth herein. The manner of exercising powers granted ACTC by this Agreement shall be subject to the same restrictions as imposed upon the County of Alameda. 15. FUNDS, AUDIT AND ACCOUNTING SERVICES. Pursuant to the requirements of Section 6505.5 and 6505.6 of the Government Code, and prior to taking 000230.0026 \1453006.5 8