ABAG - 1965 Agreement
A G R E E MEN T
with the
ASSOCIATION OF BAY AREA GOVERNMENTS
THIS AGREEMENT made and entered into by and between the City of
Gilroy and those county and city governments within the counties
of Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara,
Solano, and Sonoma, other than the City of Gilroy , who,
either before or after this date, become signatories hereto; witnesseth:
WHEREAS, there is a demonstrated need for the establishment of an associa-
tion of county and city governments within the San Francisco Bay Area to provide a
forum for discussion and study of metropolitan area problems of mutual interest and
concern to the counties and cities, and to facilitate the development of policy and
action recommendations for the solution of such problems; and
WHEREAS, Title 1, Division 7, Chapter 5 of the Government Code of the State
of California authorizes the joint exercise by agreement of two or more public
agencies of any power common to them; and
WHEREAS, the parties hereto possess in common the power to study, discuss
and recommend policies for the solution of metropolitan area problems of direct
concern to the performance of their constitutional and statutory functions and to
join associations and expend public funds for these purposes;
NOW, THEREFORE, in consideration of the mutual terms, covenants and condi-
tions herein agreed, the parties hereto agree as follows:
1. Purpose of Agreement. The purpose of this Agreement shall be to provide
for the participation by the City of Gilroy , as a member
of the Association of Bay Area Governments (hereinafter referred to as the Associa-
tion), jointly with the other county and city governments which become parties
hereto in accordance with the Bylaws of said Association, which arc attached hereto,
and incorporated herein as a part of this Agreement; provided, however, that not-
withstanding the provisions of Article IX of the Bylaws, the budget for operations
during the period ending July 1, 1961, shall be prepared and adopted by the Execu-
tive Committee in an amount not to exceed $55,000; and assessments therefor shall
be imposed by the Executive Committee, such assessments not to exceed the amounts
that would have been paid by each member if all eligible jurisdictions had become
members of the Association, unless, by resolution of its governing body, a member
jurisdiction agrees to pay only for the pcriod ending July 1, 1961, an amount ex-
ceeding that which would have been paid if all eligible jurisdictions had become
members of the Association.
2. Agency to Administer the Agreement. The Association as constituted by
this Agreement is designated as the agency to administer this Agreement.
3. Powers of Association. The Association shall have the power, in its
own name, to make and enter into contracts; to employ agents and employees; to
acquire, hold and dispose of property; and to incur debts, liabilities or obliga-
tions necessary for the accomplish~ent of the purposes of this Agreement. The
exercise by the Association of the power to sue or be sued in its own name shall
be subject to the restrictions on the exercise of such power applicable to the
County of Alameda.
4. Contributions and Payments. Contributions in thc form of yearly member-
ship assessments shall be made annually by the parties to this Agreement from the
treasuries or other available public funds of the parties for the purpose of de-
fraying the costs of providing the annual benefirs accruing directly to each party
from this Agreement. All such payments of public funds shall be paid to and dis-
bursed by the Association, which shall be strictly accountable for all funds and
responsible for reporting to the parties hereto concerning all receipts and dis-
bursements.
5. Amendment. This Agreement may be amended at any time by thc written
agreement of all parties to it, or by amendment of thc Bylaws in the manner pro-
vided therein.
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. .,
6. Duration of Agreemen!. This Agreement shall continue in effect until
it is rescinded or terminated in the manner provided in the Bylaws; provided that
the termination of the Agreement or withdrawal from membership in the Association
by individual Counties or cities shall not operate to terminate this Agreemeut.
7. Disposition of Property Upon Termination. Upon termination of this
Agreement, any property acquired by the Association under this Agreement shall be
distributed among the parties hereto in accordance with the respective contribu-
tions of each of said parties to the cost of said property.
8. Dis~OSition of Funds Upon Termination. Upon termination of this Agree-
ment, any money in possession of the Association after the payment of all costs,
expenses and charges validly incurred under this Agreement shall be returned to
the parties in proportion to their contribution determined as of the time of termi-
nation.
execution by five (5) counties and forty-two (42) cities.
9. Execution of Agreement. This Agreement shall be effective upon its
EXECUTED BY the City
of
Gilroy
this
6th day of
August
. 19 65
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BY~-( C I' I '--;~. <:.__~_~;.~--<-
Mayor of the City of Gilroy
rea surer
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ATTEST ,----.,) I, '/"""",. I' "
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.~ Cl ty Clerk