RES 10368 - Laserfiche WebLink

obligations, shall be returned in proportion to the contribution of each local jurisdiction during the term of this Agreement. 16. PROCEDURE FOR BECOMING A SIGNATORY TO THIS AGREEMENT. Cities incorporated and transit agencies established after the effective date of this Agreement may become signatories to this Agreement by petition to the ACTC Board. 17. SPECIAL PROVISIONS. The signatories to this Agreement desire to continue levying a fee for the purpose of defraying the cost of preparing, maintaining, administering and implementing the Congestion Management Program, the Countywide Transportation Plan and other functions of the ACCMA. Therefore, by their signatures hereon, the signatories delegate to the ACTC the power to levy such a fee upon the signatories for the purpose of defraying the costs of preparing, maintaining, administering and implementing the Congestion Management Program and other duties of the ACTC as specified in this Agreement. It is presumed that such fees will be paid from fuel tax subventions to local government, and /or any other funds available for the purpose. If a portion of all of the fees is to be paid from fuel tax subventions, the ACTC may request the State Controller to subvene those fees directly to the ACTC. If fees are levied against Local Agencies, such fees shall be assigned based on the proportion the Local Agency's Proposition 111 fuel tax subventions bare to the total of Proposition 111 fuel tax subventions for all Local Agencies. If fees are levied against the Member Transit Operators, such fees shall be assigned to each Member Transit Operator according to an equitable formula. Failure to provide its share of the adopted fee to the ACTC shall be deemed to constitute non conformance with the requirements of the Congestion Management Program for the affected Local Agency. The ACTC shall notify the State Controller of the Local Agency's non- conformance. 18. AMENDMENTS. This Agreement may be amended by the affirmative vote of the Board of Supervisors and a majority of the cities representing a majority of the population. 19. NOTICES. All notices to agencies shall be deemed to have been given when mailed to the governing body of each member agency. IN WITNESS WHEREOF, each agency has executed approval of this Agreement and filed said approval with the Clerk of the County of Alameda. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which counterparts together shall constitute one and same instrument. 9