HomeMy WebLinkAboutCC RES 86-264
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RESOLUTION NO. 86-26
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN SPECIFYING CERTAIN RESERVED RIGHTS AND
ADOPTING A POLICY STATEMENT REGARDING THE
JOINT EXERCISE OF POWERS AGREEMENT CREATING
THE FOOTHILL/EASTERN TRANSPORTATION CORRIDOR
AGENCY
WHEREAS, the Joint Exercise of Pow ers Agreement Creating
the Foothill/Eastern Transportation Corridor Agency ("Joint
Pow ers Agreement") provides for the joint exercise of certain
common powers of its-member agencies, including the power to
plan for, acquire, and construct environmentally-sensitive~'
thoroughfares and bridges; and
WHEREAS, the exercise of powers and the authority of the
Board of Directors of the Foothill/Eastern Transportation
Corridor Agency ("Agency") are subject to the reserved rights
of the parties to the Joint Powers Agreement; and
WHEREAS, Section 2.2 of the Joint Pow ers Agreement pro-
vi des in relevant part:
"Board planning policy shall respond to those
memoranda of understanding and various minute orders
and policy statements adopted by each party to this
Agreement..."
and;
WHEREAS, the Ci~ty Council desires to clarify that the
City of Tustin's membership in the Agency is subject to cer-
tain reserved rights and City policies regarding the location
of a transportation corridor within the corporate limits of
the City of Tustin.
NOW, THEREFORE, BE IT RESOLVED by the City Council
City of Tustin as follows:
of th e
1. The City Council deems membership in the Agency,
upon the following terms and conditions, to be in the best
interest of the health, safety and general welfare of the
re si dents of the City of Tustin.
2. In entering into the Joint Powers Agreement the City
of Tustin has not waived any of its rights under law to
ap_o~ove and consent to the location of a state highway,
county road, city street, thoroughfare, freeway, corridor or
other public right-of-way or toll-road by whatever name, with-
in the corporate limits of the City of Tustin and the City of
Tustin specifically reserves its rights to approve and consent
to the establishment, alignment, location, widening and im-
provement of all public rights-of-way and/or toll-roads within
the corporate limits of the City of Tustin.
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3. In entering into the Joint Powers Agreement the City
of Tustin intends that the exercise of its powers by the
Agency as set forth in Section 2.3 of the Joint Powers Agree-
ment be subject to the' exercise of its reserved rights, as
described above.
4. Pursuant to Section 2.2 of the Joint Powers Agree-
ment, the City Council hereby adopts as a policy statement the
following:
That no road, street, freeway, toll-road or transporta-
tion corridor may be located within the corporate
limits of the City of Tustin without the prior written
approval and consent of the City Council of the City of
Tustin, which appr'oval and consent shall be evidenced
by an ordinance or resolution adopted by the City
Council.
5. This resolution shall be attached as an exhibit to
and shall ~be incorporated by reference into the Joint Powers
Agreement executed on behalf of the City of Tustin.
ad3oumned
PASSED AND ADOPTED at an/regular meeting of the City
Council of the City of Tustin on February 18, 1986.
May or
ATTEST:
~ity-Cie~ -'
:lw :D: 2/14/86 (2)
JGR: se :R: 2/1 8/86
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
)
)§
)
MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, does hereby certify that the whole number of the members of
the City Council of the City of Tustin is five; that the above and foregoing
Resolution No. 86-26 was duly and regularly introduced, passed and adopted at an
adjourned regular meeting of the City Council held on the 18th day of February,
,
1986, by the' fol 1 owing, vote'
AYES ·
NOES ·
ABSENT'
COUNCILPERSONS'
COUNCILPERSONS'
COUNCILPERSONS-
Edgar, Greinke, Hoesterey, Kennedy, Saltarelli
None
None
City of Tustin, California