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HomeMy WebLinkAbout75-473 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 29 30 31 32 RESOLUTION NO. 75-47 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AUTHORIZING THE SIGNATURE OF THE PUBLIC BUS TRANSPORTATION-PILOT PROGRAM JOINT POWERS AGREEMENT WHEREAS, the Mendocino County Transportation Planning Agency has allocated SB325 monies for funding a public bus transportation pilot program and WHEREAS, the City of Ukiah supports the pilot program as proposed under a joint powers agreement. NOW, THEREFORE IT IS HEREBY RESOLVED that the Mayor and Clerk are authorized to sign the joint powers agreement establishing the public bus transportation-pilot program in Mendocino County. PASSED AND ADOPTED this 5th day of February , 1975 by the following roll call vote: AYES: Councilmen Weinkauf, Wood, Mayor Pearson NOES: None ABSENT: Councilmen Norgard and Simpson ATTEST: CITY CLERK PILOT PROGRAM: PUBLIC BUS TRANSPORTATION (A JOINT-POI~ERS AGREEMENT AMONG THE COUNTY OF MENDOCINO AND THE CITIES OF UKIAH, WILLITS, FORT BRAGG, AND POINT ARENA) THIS AGREEMENT, made and entered into this 5th · · day of February , 1975, by and among the COUNTY OF b~NDOCINO (hereinafter referred to as COUNTY), acting through, its Board of Supervisors, and the CITIES OF UKIAH, WILLITS, FORT BRAGG, and POINT ARENA (hereinafter referred to as CITIES), acting through their respective City Councils, for the purpose of initiating a pilot program to determine the need for public bus transportation services within the county between said cITIES. Said parties agree as follows: 1. RECITAL. The parties witness that: (a) COUNTY and CITIES desire to evaluate and determine the need for the establishment of additional public transportation services within Mendocino County. (b) In order to best evaluate and determine such · need for additional public transportation services in Mendocino County, COUNTY and CITIES desire ~to initiate a short-term pilot public bus transportation program to provide COUNTY and CITIES with precise factual data on the public need, public acceptance, and practical and financial feasibility of such a public transportation system. (c) COUNTY and CITIES jointly and separately agree that such a pilot public bus transportation prOgram can best be administered by a joint-powers' agreement among COUNTY and CITIES. (pursuant generally to Government r .Co de, Sections 6500, et seq. ). / / 2. STATUTORY AUTHORIZATION. This agreement is executed pursuant to Sections 6500 through 6514 of the .Cali- fornia 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 this State" and to Section 6506: "The agency or entity provided by the agreement to 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 sez-vices." 3. ADMINISTERING AGENCY. The agency which shall administer and execute 'this agreement shall be the MENDOCINO TRANSIT AUTHORITY, hereinafter referred to as MTA. 4. GENERAL POWERS. Said MTA shall have the powers to and is authorized, in its own name to make and enter con- tracts, to employ agents and employeeS, to acquire, construct, manage, maintain, or operate 'any transportation equipment, building, works, or improvements, or to acquire, hold, or dis- pose of property, to.incur debts, liabilities, or obligations, -and to sue or be sued in its own name. ~- 5. SPECIFIC POWERS. The MTA shall Specifically 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 pilot public bus transportation pro- gram that is the object of this agreement, the MTA shall have the power and the sole authority to consider and to set bus / / · rates and schedules and to modify such rates and schedules as may appear necessary. 6. PUBLIC INPUT. The MTA shall have the authority to call and to conduct public meeting's at' various locations within COUNTY and CITIES in order to better provide the MTA with the necessary knowledge and information to best determine · the needs of the citizens with respect to public transporta- tion facilities. 7. MEMBERS. The members of the Mendoclno County Transportation Planning Agency skall be, ex-officio, the members of the MTA Board of Directors. ' 8. PROJECT FUNDS. During the term of his agreement, unless subsequently determined otherwise by forma amendment of this agreement by the Parties hereto, the tota operational and administrative expenses of the pilot public b s transporta- tion program shall be ·limited to and shall not ex '.eed the sum of the initial allocation by the oTPA of Senate Bi .1 325 monies in the amount of One Hundred Thousand Dollars ($100,000.00) · (provided by formal action of the TPA at the regular meeting of '' MarCh~4f , 1974) and the total of all monies received as revenue from the operation of said pilot public bus transporta- : tion program. · 9. STRICT ACCOUNTABILITY. There shall be strict accountability by all parties and by the MTA of all funds. The County Treasurer shall be the depositary and shall have custody of all the money of the MTA from whatever source and shall hold and disburse such monies in accord with Section 6505.5. The Treasurer shall establish all accounting records \ and procedures which are required to carry out the objectives of Section 6505.5, which records and procedures shall be con- sistent with applicable federal, state, and county rules and regulations. · 10. AUDIT. The Treasurer shall make an annual audit, which shall be the final audit, of all accounts and records. The minimum requirements of such audit shall be those prescribed by the State Controller f6r special districts under Section 29909 of the Government Code and shall conform to generally accepted accounting standards. , 11. BUDGET. The MTA shall develop and establish a budget with proper expenditure controls to allocate and expend funds, allocated to the MTA by the TPA, as the MTA determines' to be necessary to achieve the goals of this agree- ment. The budget shall be of the form and content as pre- scribed by the Auditor-Controller of Mendocino County and as · approved by the TPA. so· as to enable the Treasurer' to; fulfill.~ . the requirements of the Government Code, Section 6505.5. ' 12. SURPLUS MONEY. Upon termination of this agree- ment, any money obtained by MTA from TPA or any of the parties hereto for the ouroose of carrying out the obj~c~.ve~ 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 the TPA and to the parties in proportion to their contribution determined · as of the time of termination. · 13. DISPOSITION OF PROPERTY. Upon the termination of this agreement, that property, acquired by the ~CFA as the 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. e (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. (c) If the MTA shall not be continued beyond the life of this 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 12. 14. ADMINISTTATIVE AND OPERATING PROCEDURES. All administrative and operational procedures developed and estab- lished by the MTA shall conform with all applicable federal, state, and county rules and regulations. 15. BONDING. Pursuant to Section 6505.1, the public officers of COUNTY, of CITIES, and of the MTA who have charge of, handle, or have access to any funds or property utilized under this agreement shall be required, if such officer has not already done So, to file an official bond in an amount determined by the ~oard of~ Governors of the MTA. 16. 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 para- graph 8. 17. OBLIGATIONS. The debts, liabilities, and obligations of the MTA shall be solely the debts, liabilities, and obligations of the MTA. · -' I I 18. HOLD HARMLESS. Each party to this agreement shall hold harmless 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 '~facilities pursuant to this agreement' 19. 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 two members thereof. 20.. REPORT.~ Nine (9) months after the commencement of operations, which shall be defined as the first]' day that regularly scheduled public bus tr'ansportation is m~de available within Mendocino County pursuant to this agreement the Board of Directors shall provide 'to the TPA, to CITIES, nd to COUNTY an evaluation report. The report shall evaluate ~ti~e general effectiveness of the public transportation program and shall detail both the negative ~and positive aspects of the project specifically including~the number of buses, cost, revenues, , projected long-range net' costs,' 'and opinions from users and · nonusers of the system. 21. TEP~M,~ The term of this agreement shall be for ~'one (1) year, beginning on the date of "commencement," as hereinbefore defined. However, in the event that~ the 'funds pro- vided by TPA for this project ($100,000.00) are 'expended at an earlier date, the term of the agreement shall expire at that time unless additional funds are provided by TPA, in which case the term shall expire when such additional funds are expended or at the completion of a full year, as described above, which- ever occurs first. · IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date first above written, ATTEST: VIOLA N. RICHARDSON Clerk of said Board By ............ Deputy Clerk COUNTY OF MENDOCINO Chairman, BoArd of Supervisors CITY OF UKIAH Mayor CITY OF WILLITS Mayor CITY OF FORT BRAGG Mayo~~ CITY OF POINT ARENA MaYor ·