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1991 Sunline Transit Agency - JPA Amendment 2 re Bus Lic Tax for TaxisSECOND AMENDMENT TO SUNLINE JOINT POWERS TRANSPORTATION AGENCY AGREEMENT THIS SECOND AMENDMENT TO AGREEMENT (this "Amendment") is made and entered into by and between the County of Riverside and the Coachella Valley cities which are parties to this Amendment and other public agencies which subsequently become parties to this Amendment. This Amendment is an amendment to the SunLine Joint Powers Transportation Agency Agreement entered into on or about May 20, 1977, and as subsequently amended (the "JPA Agreement"). This Amendment is made and entered into with reference to the following background facts and circumstances. RECITALS SunLine is a joint powers agency established pursuant to the provisions of the JPA Agreement. The JPA Agreement empowers and authorizes Sunline to regulate, license and franchise taxicabs and Alternative Transportation and to establish rates to be charged by operators of taxicabs and Alternative Transportation doing business in the Coachella Valley. The members of SunLine desire to empower and authorize Sunline to levy and collect a business license tax on the business of providing taxicab services in the Coachella Valley. This Amendment is made and entered into pursuant to Government Code, sections 6500 et sea, Page 1 LAS\091391\6112\03SECJPA.A �,l 1 5 1991 AGREEMENTS NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: A. The JPA Agreement is hereby amended by adding to it the following provisions of this Amendment: 1. PURPOSE AND POWERS 1.1 An additional purpose of the JPA Agreement and the joint powers agency established thereby is to fix and col lect a business license tax on the business of providing taxicab services in the Coachella Valley. 2. DUTIES 2.1 SunLine shall have the duty to carry out the purpose and intent of this Amendment by performing such acts as are necessary thereto, subject at all times to the authority of its Board of Directors, and to make and enter such contracts incur such debts and obligations and perform such other acts as are necessary to the accomplishment of the purposes of this agreement in accordance with the provisions of California Governmen t Code. 2.2 SunLine shall accomplish the foregoing, subject to action by its Board of Directors, by adopting an ordina nce or ordinances providing for the imposition of a business ' license tax on the operators of taxicabs and Alternative Transportation ' within the Coachella Valley. It is the intent of this agreement th at upon LAS\091391\6112\03SECJPA.A Page 2 the adoption of a "business license tax ordinance" b Sun Line's Line s Board of Directors pursuant hereto, the Cities shall repeal p al any laws, regulations and ordinances, if any, fix or impose a bu siness license tax of the business of providing taxicab service s within their respective city limits or area of jurisdiction • The authority granted under this paragraph shall not affec t the authority or ability of the parties hereto to assess and colle ct a fee or charge having to do with ground transportation operations within the boundaries of the Palm Springs Regional Airport p rt or any other airport located within the Coachella Valley now or in the future. 3. TERMINATION 3.1 This Amendment shall be terminated should the JPA Agreement be terminated in accordance with procedures th erefor contained in the JPA Agreement. In addition, an art Y party to this Amendment may terminate its rights and obligations unde r this Amendment without affecting its rights. or obligations under the JPA Agreement. Such termination shall be effected by giving ' g g six (6) months written notice to Sunl ine of the party' s intent to terminate and termination shall be effective upon expiration of such 6 month period. After termination of a party's rights and g obligations under the Amendment, the terminating party shall have full authority in accordance with applicable law to fix and impose a business license fee on the taxicab business. B. The JPA Agreement is amended in the foregoing respects p is only and LAS\091391\6112\03SECJPA.A Page 3 except as amended hereby, the JPA Agreement shall remain in full force and effect as originally executed by the parties thereto and as previously amended. IN WITNESS WHEREOF, The Board of Supervisors of the County of Riverside and the city councils of the Cities enumerated herein have each authorized execution agreement, evidenced by the authorized signatures below, respectily. Sp,���e S. Dated: , 199A, COUNTY OF RIVE �5jJ Cie -,ate/ 3 rk e , Approved As To Form: pew p County Counsel I%s7/SIL Dated: Approved As To Form_ . 1991 Dated: , 1991 Approved T Fo i y torney Dated: Approved As To Form: City A torne , 1991 Page 4 LAS\091391\6112\03SECJPA.A CITY OF INDIO CITY OF LA QUINTA Cn W cr_� W Q C7 Dated: , 1991 Approved As To Form: / 20" /3v��� City Attorney Dated: Approved A�s` o Fo : Cit ttorney CITY OF INDIAN WELLS QLa a duL-�- Mayor , 1991 CITY OF PALM DESERT Dated: March 19, 1992 , 1991 Approves As To y Rf&to ,rm. y Dated: , 1991 Approved As To Form: Cit A torney Dated: o oher 22 , 1991 Approved As To Form: City Attotnel/-- Dated: LAS\091391\6112\03SECJPA.A - - -�' _ .ter Mayor 7 CITY OF RANCHO MIRAGE r (v)m7 V ' z CITY OF PALM SPRINGS 0 � t.1 �2/w\ � tau G S Mayor y~. m CITY OF CATHEDRAL CITY p Q O vi = a. uj of ' Q m Mayor , 1991 CITY OF DESERT HOT SPRINGS Page 5 LYNN D. CRANDALL WALTER J. R. TRAVER LISA A. SEGO ELIZABETH OLIVIER Allen R. Briggs, P.O. Box 5001 Cathedral City, LAW OFFICES OF LYNN D. CRANDALL ATTORNEYS AT LAW 43-645 MONTEREY AVENUE. SUITE D PALM DESERT, CALIFORNIA 92260 April 27, 1992 Esq. CA 92234-5001 Jimmy Gutierrez, Esq. 12616 Central Ave. Chino, CA 91710 Timothy M. Conner, Esq. Attn: Pam Fields BEST, BEST & KRIEGER 39-700 Bob Hope Dr. Ste. 312 Rancho Mirage, CA 92270 Rob Bower, Esq. RUTAN & TUCKER 611 Anton Blvd. Ste. 1400 Costa Mesa, CA 92626 Gerald Blankenship, Esq. 3535 loth Street, #300 Riverside, CA 92501 Ladies and Gentlemen: crr � j9 O k TELEPHONE (619) 346-7557 TELECOPIER (619) 773-3589 Dawn Honeywell, Esq. STRADLING, YOCCA, CARLSON & RAUTH 660 Newport Ctr. Dr. ate. 1600 Newport Beach, CA 92660-6441 David L. Erwin, Esq. Attn: Pam Fields BEST, BEST & KRIEGER 39-700 Bob Hope Dr. Ste. 312 Rancho Mirage, CA 92270 David Aleshire, Esq. RUTAN & TUCKER 611 Anton Blvd., Ste. 1400 Costa Mesa, CA 92628 Jean Leonard Harris, Esq. 69-825 Highway 111 Rancho Mirage, CA 92270 I have enclosed.a fully executed original of the Second Amendment to SunLine Joint Powers Transportation Agency Agreement for your respective cities and the county. The Agreement has been signed by everyone and I am forwarding the original document for your city or county so that you may distribute it in accordance with your ordinary practice. very truly yours, LAW OFFICES OF LYNN D• CRANDALL LAS:sgc Lisa A. Sego Encls. 6112.03