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HomeMy WebLinkAboutNB 2 FETC JT PWRS AGEN 12-16-85AGENDA DATE: DECEMBER 4, 1985 NEW BUSINESS NO. 2 .12~16-85 Inter- Corn TO: FROM: SUBJECT: WILLIAM HUSTON, CITY MANAGER BOB LEDENDECKER, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER FOOTHILL/EASTERN TRANSPORTATION CORRIDOR JOINT POWERS AGENCY RECOMMENDATION: Pleasure of the City Council. BACKGROUND: On October 21, 1985, the Tustin City Council adopted the Major Thoroughfare and Bridge Fee Program and became a member of Foothill/Eastern Transportation Corridor Joint Powers Agency effective December 20, 1985. Per Section III of the Joint Powers Agreement, each participating City member of the Agency shall designate a member and an alternate, both who shall be current members of the City Council, to serve on the Agency Board of Directors. A copy of Section III of the J.P.A. is attached for information. DISCUSSION: Thursday morning, January 23, 1985, is the date that has been established for the first meeting of the Foothill/Eastern Transportation Corridor Joint Powers Authority. Prior to this meeting, it is requested that the City Council appoint a member and an alternate to represent the City. Bob Ledendec er Director of Public Works/City Engineer BL:jr Attachment ! 1 t l ! i I 1 t ! TABLE OF CONTENTS RECITALS Z II DEFINITIONS .................................. · PURPOSE AND POWERS ........................... '2.1 Agency Created .......................... 2.2 Purgose of the Agreement; Common Powers to be Exercised .................. 2.3 Powers .................................. III ORGANIZATION 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 Membership .............................. Names,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Board of Directors ...................... Principal Office ........................ Meetings ................................ Quorum.... Minutes ................. · ............... Rules ................. i ................. Vote or Assent of Parties ............... Officers ................................ Committees .............................. Additional Officers and Employees ....... Bonding Requirement ..................... Status of Officers and Employees ........ IV CONTRIBUTIONS ..... Bridge Construction Fee by Members ...... 4,2 Annual Review of Fees ................... 4,3 Payment,,.,-~ .................. Acquisition of Rights-of-Way ............ RELATIONS WITH OTHER MAJOR THOROUGHFARE AND BRIDGE FEE AGENCIES ...................... 5.1 Joint Action with Other Agencies ........ 5,2 Communications Between Corridor Agencies ................................ 5.3 Lending and Borrowing of Funds Between Agencies ........................ (i) Pa~e 5 8 8 10 10 11 11 11 11 11 12 13 13 13 14 14 14 15 16 17 18 18 18 18 VI VII VIII IX X XI BUDGETS AND DISBURSEMENTS .................... 6.1 6.2 6.3~ 6.4 6.5 6.6 Annual Budget ........................... Disbursements ........................... Expenditures Within Approved Annual Budge~, . of Funds Re imbur sement' · ................. SECURITIES ................................... 7.1 Securities .............................. LIABILITIES .................................. 8.1 Liabilities ...... 8.2 Hold Ha less ADMISSION AND WITHDRAWAL OF PARTIES .......... 9.1 Admission of New Parties ................ 9.2 Withdrawal .............................. TERMINATION AND DISPOSITION OF ASSETS ........ 10.1 Te~:~ination ............................. 10.2 Distribution of Property and Funds ...... MISCELLANEOUS.. . 11.2 Notice .................................. ll.S Effective Date .......................... 11.4 Arbitration ............................. 11~$ Partial Invalidity ...................... 11.6 Successors .............................. 11.7 Assignment .............................. 11.8 Execution ............................... (ii) 19 19 19 19 20 20 20 21 21 21 21 22 22 23 24 24 24 25 25 25 26 26 28 28 28 29 III ORGANIZATION 3~1 Membershi~. The parties to the Agency shall be each public entity which has 9~ecuted or hereafter executes this Agree- ment, or any addenda, amendment, or supplement thereto, and which has not, pursuant to the provisions hereof, withdrawn therefrom. > ' 3.2 Names. The names, particular capacities and addresses of the parties at any time shall be shown on Exhibit "B" attach- ed hereto, as amended or supplemented from time to time. 3.3 Board of Directors. a® following: The Board of Directors shall consist of the (i) one voting member from each of the fol- lowing entities which have become members of the AGency pursuant to Section 3.1 above: the cities of Anaheim, Irvine, Orange, San Clemente, Santa Ana, San Juan Capistrano, Tustin, and Yorba Linda. (ii) two voting members from the County of Orange (in the event that the County of Orange becomes a member of the Agency pursuant to Section 3.1 above), said members to be the duly elected supervisors for the Third and Fifth County of Orange Supervisorial Dis- tricts, or their alternates. -8- I I I 1 1 1 i t' ! 1 1 i 1 (iii) one ex officio member representing the California Department of Transportation and one ex offi- cio member representing the Orange County Transportation Commission. The Board may, from time to time appoint -additional ex off'icio members. b. Except for ex officio members, each member of the Board .shall be a current member of the legislative body such member represents. c. Each participating member shall also have an alternate, who must.'also be a' current member of the legislative body of the party such alternate represents with the exception of the alternates to the members representing the County of Orange. The name of the alternate member shall be on file with the Board. An alternate member shall assume all rights and duties of the absent member. d. Each member and alternate shall hold office from the first meeting of the Board after appointment by the city council or Board of Supervisors until a succes- sor is named. Members and alternates shall be appointed by and serve at the pleasur~ of their appointing body and may be removed at any time, with or without cause, at the sole discretion of the legislative body of the party such member represents. e. A board member shall receive only such compen- sation from the Agency for his services as may be -9- approved by not less than two-thirds (2/3) of the members of the Board. f. A board member may be reimbursed for expenses lncurred by such member in the conduct of the business of the Agencyt 3.4 Principal Office. The principal office of the Agency shall be estab- lished by the Board and shall be located within the County of Orange. The Board is hereby granted full power and authority to change said principal 'office from one location to another in the County of Orange. Any change shall be noted by the secretary under this section but shall not be considered an amendment to this Agreement. 3..5 Meetin~s. The Board shall meet at the principal office of the Agency or at such other place as may be designated by the Board. ' The time and place of regular meetings of the Board shall be determined by resolution adopted by the BCard; a copy of such resolution shall be furnished to each party hereto. Regular, adjourned, and special meetings shall be called and conducted in accordance with the provisions of the Ralph M. Brown Act, Government Code Sections 54950 et seq., as it may be amended. -10- 3.6 Quorum. Not less than two-thirds of the members shall constitute a quorum for the purposes of the transaction of bUsines's relating to the Agency. 3.7 Powers and Limktations Thereon. Ail of the .powers and authority of the AGency shall be exercised by the Board, subject however, to the reserved rights of the parties as herein set forth. Unless otherwise provided herein, each member or participating alternate shall be entitled to one vote, .and except as otherwise provided herein, a vote of the majority of those present and qualified to vote may adopt any motion, resolution, or order and take any other action they deem appropriate to carry forward the objectives of the Agency. 3.8 Minutes. The secretary of the Agency shall cause to be kept minutes of regular, adjourned regular, and special meetings of the Board, and shall cause a copy of the minutes to be forwarded to each member and to each of the members hereto. matter 3.9 Rules. The Board may adopt from time to time such rules regulations for the conduct of its affairs consistent and with this Agreement. 3.10 Vote or Assent of Parties. The vote, assent, or approval of parties in any requiring such vote, assent or approval hereunder -11- shall be evidenced by a certified copy of the action of the governing body of such party filed with the Agency. It shall be the responsibility of'the Executive Director to obtain certified copies of said actions. 3.~1 Officers.. There shall be selected from the membership of the Board, a chairman and a vice chairman. The Board shall appoint a secretary who may be a member. The Board shall _ aDpoint an officer or employee of the Board or an officer or employee of a member pubiic agency to hold the offices' of treasurer and auditor for the Agency. Such offices may be held by separate officers or employees or may be combined and held by one such officer or employee, as provided by the Board. Such person or persons shall possess the powers of, and shall perform the treasurer and auditor functions for, the Agency and perform those functions required .by Government Code Sections 6505, 6505.5, and 6505.6, including any subse- quent amendments thereto. The chairman, vice chairman,, and secretary shall hold office for a period of one year commencing July 1st of each and every fiscal year; provided, however, the first chairman, vice chairman, and secretary appointed shall hold office from the date of appointment to June 30th of the ensu- ing fiscal year. Except for the Executive Director, any officer, employee, or agent of the Board may also be an officer, employee, or agent of any of the members. The -12- appointment by the Board of such a person shall be evidence that the two positions are compatible. 3.12 Committees. The Board may, as it deems appropriate, appoint committees to accomplis~ the purposes set forth herein. Any meeting of such a committee shall be deemed to be a meeting of the Agency for .compensation purposes only and all such meetings of the Agency shall be open to all members. 3.13 Additional Officers and Employees. The Board shall' have the power to appoint such additional officers and t° employ such employees and assist- ants as may be appropriate. Such officers and employees may also be, but are not required to be, officers and employees of the individual members. 3.14 Bonding Requirement. The officers or persons who have charge of, handle, or have access to any property of the AGency shall be the members of the Board, the treasurer, the auditor, and any other officers or persons to be designated or empowered by the Board. Each such officer or person shall be required to file an official bond with the Board in an amount which shall be established by the Board. Should the existing bond or bonds of any such officer be extended to cover the obliga- tions provided herein, said bond shall be the official bond required herein. The premiums on any such bonds attributable -13- to the coverage required herein shall be appropriate expenses of the Agency. 3.15 Status of'Officers and Employees. All of the privileges and,immunities from liabil- ity, e~emption from.laws, ordinances and rules, all pension, relief, disability, worker's compensation, and other benefits which apply to the activity of officers, agents, or employees' of any of the members when performing their respective func- tions shall apply to them to the same degree and extent while engaged in the performance of any of the functions and other duties under this Agreement. None of the officers, agents, or employees appointed by the Board shall be deemed, by rea- son of their employment by the Board, to be employed by any of the members or, by reason of Board, to be subject to any of membe rs. the requirements of IV 4.1 their employment by the such CONTRIBUTIONS Imposition of Major Thoroughfare and Bridge Con- struction Fee by Parties. On or before the effective date of this Agreement (or in the case of a new party, on or before that party becomes signatory to this Agreement), each party shall require by ordinance or resolution the payment of a fee as a condition of issuing building permits, for the purposes of defraying the actual or estimated cost of constructing major -14-