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RESOLUTION NO. 7 f- / If ~
RESOLUTION OF THE CITY OF SAN BERNARDINO GIVING NOTICE
OF INTENTION TO WITHDRAW, AND WITHDRAWING, FROM JOINT POWERS
AGREEMENT RELATING TO "OMNITRANS", AND DIRECTING THE CITY CLERK
TO TRANSMIT SUCH NOTICE TO AFFECTED PARTIES.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Recitals.
A. On March 8, 1976, the City of San Bernardino entered
into an agreement entitled "Joint Powers Agreement Between the
County of San Bernardino and the Cities of Chino, Colton, Fontana,
Loma Linda, MontClair, Ontario, Redlands, Rialto, San Bernardino
and Upland Creating A County Wide Transportation Authority To Be
Known As 'Omnitrans''', described in this resolution as "the
agreement" .
B. Section 15 of the agreement provides as follows:
"SECTION 15. WITHDRAWAL OF PARTY.
Any party may withdraw from this Agreement as of the
first day of July of any year following six (6) months
notice to the other parties by resolution of intent to
withdraw adopted by the legislative body of the party. A
withdrawing party shall be compensated for its total capita
asset value contributed less appreciation, by return of
capital assets and/or cash payment, over a period not to
exceed five (5) years, the method to be determined by the
Board of Directors."
C. The City of San Bernardino desires to withdraw from
the agreement as of July 1, 1980.
SECTION 2. Notice of Withdrawal.
Pursuant to Section 15 of the agreement, the City of San
.
"
,
I Bernardino hereby gives notice that it intends to withdraw, and
2 that it does withdraw, effective July 1, 1980, from the agreement
3 entitled "Joint Powers Agreement Between the County of San
4 Bernardino and the Cities of Chino, Colton, Fontana, Lorna Linda,
5 Montclair, Ontario, Redlands, Rialto, San Bernardino and Upland
6 Creating A County Wide Transportation Authority To Be Known As
7 'Omnitrans "', dated March 8, 1976, and from the joint powers
8 authority created by the agreement.
9
SECTION 3. The City Clerk is directed to transmit a
10 certified copy of this resolution to the Board of Directors of
11 "Omnitrans", the joint powers authority created by the agreement,
12 and to the governing body of each of the parties to the agreement.
13 I HEREBY CERTIFY that the foregoing resolution was duly
14 adopted by the Mayor and Common Council of the City of San
15
Bernardino at
on the 47i-
a,v?U /J-,f::~"/~~ h1~ tf',uJ meeting thereof, held
day of ~/~ , 1979, by the following
Councilmen c/~O~#"" ~"j
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~~ '(JJl~,.J
~Al"':~.~ J if) /,pA~
16
17
vote, to wit:
18
AYES:
19
20
NAYS:
21
ABSENT:
22
/~/M4/~Ah
/' City Clerk
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The foregoing resolution is here~ved this
, 1979. P
~~ tr..~ ~/
-Mayor of the City 01 San Bernardino
day
25
of
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C7
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II
1 I do not approve Resolution No. 79-100 because the Council
2 failed to consider the following:
3
1) Urban Mass Transportation Administration (UMTA) policies
4 and regulations, recent state law (AB 1246, AB 402, SB 325), and
5 the assigned roles of SCAG and the San Bernardino County Transportation
6 Commission all are directed toward provision of area-wide, cost-
7 efficient transit systems, and specifically oppose a series of smaller,
8 fragmented operations.
9 The approval of separate operator status for San Bernardino
10 for receipt of SB 325 and UMTA funds will be very difficult to achieve,
11 and will probably not be successful.
12
2) OMNITRANS' newly strengthened management should be given an
13 adequate chance to demonstrate its capabilities in directing strong
14 and efficient operations, as well as proving its responsiveness to
15 local needs.
16
3) The San Bernardino valley, and the entire east valley in
17 particular, is a common transportation unit. OMNITRANS has been
18 carefully built up to service the area, and the routes are inter-
19 twined between the various cities and the county. The transit needs
20 and realities cannot be serviced with a fragmented framework of
21 service.
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is hereby disapproved this 4- day of
f:'\::~B
1~~R 1 j979
'LiAR 1 '<919
cn{cL.ERKS OFFICE
crrv CLCRKS OFFlS~""
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