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HomeMy WebLinkAbout79-84! 8 4 RESOLUTION NO. 79-84 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AUTHORIZING MAYOR AND CLERK TO SIGN JOINT POWERS AGREEMENT TO CONTINUE THE MENDOCINO TRANSIT AUTHORITY 6 ? 8 9 10 11 12 13 14 15 BE IT RESOLVED that the Mayor and Clerk are hereby authorized to sign on behalf of the City of Ukiah, the Joint Powers Agreement To Continue The Mendocino Transit Authority, a copy of which is attached hereto and made a part hereof. PASSED AND ADOPTED this 6th day of June , 1979, by the following roll call vote: AYES: Councilmembers Hickey, Myers, Simpson, Mayor Snyder NOES: None ABSENT: Councilman Brannon 16 17 18 ATTEST: 19 20 21 City Clerk 26 27 8O 81 JOINT POWERS AGREEMENT TO En?~'FiNUE THE .~i1 I MENDOCINO TRANSIT AUTttORITY THIS AGREEMENT is made and entered into this 6th day of , 1979, by and among the signatories to this agreement .T11'n~ for the purpose of maintaining public transportation services within Mendocino County. Said signatories, which are local governments in Mendocino County, acting through their respective legislative bodies (hereinafter referred to as the PARTIES) agree as follows' 1. RECITAL. The PARTIES witness that' (a) the PARTIES desire to provide for public transportation services within Mendocino County in accord with the Transportation Development Act (Public Utilities Code, Section 99200, et. seq.). (b) the PARTIES jointly and separately agree that such public transportation services can best be administered by a joint-powers agreement among the PARTIES. (pursuant generally to Government Code, Section 6500, et. seq.). 2. STATUTORY AUTHORIZATION. This agreement is executed pursuant to Sections 6500 through 6514 of the California Government Code, more particularly to Section 6502' "If authorized by their legislative or other governing bodies, two or more public agencies may jointly exercise any power common to the contracting parties, even though one or more of the contracting agencies may be located outside the State." administer or execute the agreement may be one or more of 'the parties to the agreement or a commission or board constituted pursuant to the agreement or a person, firm, or corporation *** designated in the agreement. *** The parties may provide for the mutual exchange of services without payment of any consideration other than such services.'' 3. METHOD OF ACCOMPLIStiMENT. This agreement shall be administered and executed by an agency to be known as the MENDOCINO TRANSIT AUTHORITY, hereinafter referred to as MTA. All administrative and operational procedures developed and established by the MTA shall conform with all applicable federal, state and county rules and regulations. (Section 6503). 4. GENERAL POWERS. Said MTA shall have the powers to and is authorized, in its own name, to make and enter contracts, to employ agents and employees, to acquire, construct, manage, maintain, or operate any transportation equipment, building, works, or inlprovements, or to acquire, t~old, or dispose of property, to incur debts, liabilities, or obligations, and to sue or be sued in its own name. (Section 6508). The debts, liabilities, and obligations of the MTA shall be solely the debts, liabilities, and obligations of' the MTA. (Section 6508.1) Such power is subject to the restrictions upon the manner of exercising the power of the County of Mendocino. (Section 6509). -1- 5. SPECIFIC POWERS. The MTA shall specifically have the power to apply for and receive Transportation Development Act, Urban Mass Transportation Act, and other funds as a public transportation operator. The MTA shall also have the power to contract for the purchase, lease, or rental of whatever services or equipment it may determine necessary to achieve the stated objectives of this joint-powers agreement. In the operation of the public transportation services that are the object of this agreement, the MTA shall have the power and the sole authority to consider and to set fares and schedules and to modify such fares and schedules as may appear necessary. The MTA shall have the authority to call and to conduct public meetings at various locations within Mendocino County in order better to provide the MFA with the necessary knowledge and information best to determine the needs of the citizens with respect to public transportation. 6. BOARD OF DIRECTORS. The MTA Board of Directors shall consist of seven members. Three shall be appointed by the Board of Supervisors of the County of Mendocino, and one each shall be appointed by the respective City Councils of the Cities of Fort Bragg, Ukiah, Willits, and Point Arena from their respective jurisdictions. Members of the Board of Directors need not be elected officials, and, in each case, shall serve at the pleasure of their appointing authority. 7. MEETINGS. The Board of Directors of the MTA shall conduct regular monthly meetings. Special meetings shall be conducted on the call of the Chairman of said board or on the call of any three members the,~~~ REQUESTS FOR TDA (SB325) FUNDs. Requests for funding pursuant to t~ransportation Development Act shall be submitted to the Mendocino Council of Governments (hereinafter referred to as MCOG) at least one month in a~vance of th~ MCOG i~l~eL~l~ ~.L ~ acL~o,~ on ~'~,,~ .......... , ~~ ~'s desired. Concurrent with the submittal to MCOG, MTA shall submit copies of the request to the PARTIES so that they can review the request and send their comments on it to MCOG prior to final action by MCOG. 9. BUDGET. By June 1 of each year, the MTA shall develop and adopt a budget for the following fiscal year with proper expenditure controls to allocate and expend all project funds as the MTA determines to be necessary to achieve the goals oF this agreement. lO. CUSTODY OF FUNDS. The County Treasurer shall be the depositary and shall have custody of all money of the MTA from whatever source and shall hold and disburse such monies in accord with Section 6505.5. ll. INVESTMENT OF FUNDS. The MTA shall have the power to invest, pursuant to Section 53601 of the Government Code, any monies deposited with the County Treasurer so long as such monies are not required for the immediate necessities of the MTA. Any proceeds from such investments shall accrue to and become part of the project funds as described in paragraph 8. (Section 6509.5). 12. ACCOUNTABILITY OF FUNDS. There shall be strict accountability by all parties and by the MTA of all funds. The County Auditor-Controller shall either make (or contract with a certified public accountant or a public accountant to make) an annual audit, except that such officer need not make or contract for such audit in any case where an annual audit of the accounts and records of such agency or entity by a certified public accountant or public accountant is otherwise made by any agency of the State or the United States only as to such accounts and records which are directly subject to such a federal or state audit. The minimum requirements of such audit shall be those prescribed by the -2- State Controller for special districts under Section 26909 of the Government Code and shall conform to generally accepted auditing standards. Where an audit is made, a report thereof shall be filed as public records with each of tile contracting parties to the agreement and also with the County Auditor-Controller. The cost of the audit shall be borne by the MTA. (Section 6505.) 13. BONDING. The MTA shall file an official bond in the amount of at least $5,000 covering all MTA employees and contractors who have charge of, handle, or have access to any funds or property utilized unde~s agreement. (Section 6505.1) ~4.~ TERM. The term of this agreement shall commence on July l, 19797~d shall continue through June 30, 1982. (Section 6510). 15. AMENDMENT. This agreement may be amended at any time by the PARTIES. In order for an amendment to take effect, it must be approved by Resolutions adopted by each of the PARTIES. 16. OFFICIAL NOTICE. The MTA shall prepare and file a notice of this agreement, or any amendment thereto, with the Office of the Secretary of State in accord with Section 6503.5. 17. DISPOSITION OF PROPERTY. Upon the termination of this agreement, that property, acquired by the MTA as a result of this exercise of joint powers, shall be disposed as follows' (a) If the MTA shall be continued beyond the life of this agreement, it shall retain title to all property held by the MTA pursuant to this agreement. (b) If the MTA shall be succeeded by a new and separate entity or public agency deemed by the MTA Board of Directors to be a "successor agency or entity", that agency or entity shall receive title to all property held by the MTA pursuant to this agreement. agreement, and if there shall be no "successor agency or entity", the MTA Board of Directors shall determine whether, and in what proportion, property held by the MTA at the date of its termination shall be divided among the parties to this agreement or whether such property shall be sold and the proceeds disposed of pursuant to paragraph 17. (Section 6511) 18. SURPLUS MONEY. Upon termination of this agreement, any money obtained by MTA from MCOG or any of the parties hereto for the purpose of carrying out the objectives of this agreement herein stated, which is in the possession of the MTA after payment of all costs, expenses, and charges validly incurred under this agreement, shall be returned to MCOG and to the parties in proportion to their contribution determined as of the time of termination. Those monies received by way of grant or any other such means of financial assistance shall be turned over to MCOG to be used for any purpose proper to that agency. (Section 6512). 19. HOLD ttARMLESS. Each party to this agreement shall hold harlaless the other parties to this agreement, their officers, agents, and employees from all liability for any loss, damage, or injury to persons or property arising out of or attributable to the furnishing of public transportation services pursuant to this agreement. 20. EVALUATION CRITERIA. One criterion to be used in evaluating the public transportation services shall be percent of subsidy (total subsidy divided by total costs). For this criterion, 70% or less shall be the goal. IN WITNESS Wt{EREOF, the parties hereto have executed this agreement on the date first above written. -3- COUNTY OF MENDOCINO ATTEST: Clerk of Said l~oard By: CHAIRMAN BOARD OF SUPERVISORS CITY OF UKIAH ATTEST: By ~ City Clerk CITY OF FORT BRAGG ATTEST: City Clerk By: MAYOR CITY OF WILLITS ATTEST: City Clerk By: MAYOR CITY OF POINT ARENA ATTEST: City Clerk By: MAYOR APPROVED AT TO FORM: County Coun's'~ ..... -' ~=~'~ ~ -4-