Section 6508 Of Article 1. Joint Powers Agreements From California Government Code >> Division 7. >> Title 1. >> Chapter 5. >> Article 1.
6508
. The agency shall possess the common power specified in the
agreement and may exercise it in the manner or according to the
method provided in the agreement. If the agency is not one or more of
the parties to the agreement but is a public entity, commission or
board constituted pursuant to the agreement and such agency is
authorized, in its own name, to do any or all of the following: to
make and enter contracts, or to employ agents and employees, or to
acquire, construct, manage, maintain or operate any building, works
or improvements, or to acquire, hold or dispose of property or to
incur debts, liabilities or obligations, said agency shall have the
power to sue and be sued in its own name. Any authorization pursuant
to the agreement for the acquisition by the agency of property for
the purposes of a project for the generation or transmission of
electrical energy shall not include the condemnation of property
owned or otherwise subject to use or control by any public utility
within the state.
The governing body of any agency having the power to sue or be
sued in its own name, created by an agreement entered into after the
amendment to this section at the 1969 Regular Session of the
Legislature, between parties composed exclusively of parties which
are cities, counties, or public districts of this state, irrespective
of whether all such parties fall within the same category, may as
provided in such agreement, and in any ratio provided in the
agreement, be composed exclusively of officials elected to one or
more of the governing bodies of the parties to such agreement. Any
existing agreement composed of parties which are cities, counties or
public districts which creates a governing board of any agency having
the power to sue or be sued may, at the option of the parties to the
agreement, be amended to provide that the governing body of the
created agency shall be composed exclusively of officials elected to
one or more of the governing boards of the parties to such agreement
in any ratio agreed to by the parties to the agreement. The governing
body so created shall be empowered to delegate its functions to an
advisory body or administrative entity for the purposes of program
development, policy formulation, or program implementation, provided,
however, that any annual budget of the agency to which the
delegation is made must be approved by the governing body of the
Joint Powers Agency.
In the event that such agency enters into further contracts,
leases or other transactions with one or more of the parties to such
agreement, an official elected to the governing body of such party
may also act in the capacity of a member of the governing body of
such agency.