HomeMy WebLinkAboutContracts & Agreements_42-1980_CCv0001.pdf AMENDMENT TO
JOINT POWERS AGREEMENT BETWEEN THE
COUNTY OF SAN BERNARDINO AND THE CITIES OF
CHINO , COLTON , FONTANA, GRAND TERRACE , LOMA LINDA,
MONTCLAIR, ONTARIO , RANCHO CUCAIONGA , REDLANDS ,
RIALTO, SAN BERNARDINO AND UPLAND
CREATING A COUNTYWIDE TRANSPORATION
AUTHORITY TO BE KNOWN AS "OMNITRANS" .
THIS AGREEMENT AMENDMENT , dated for convenience on the lst
day of September, 1980 , is entered into by and between the COUNTY OF
SAN BERNARDINO and the CITIES OF CHINO , COLTON , FONTANA, GRAND TERRACE ,
LOMA LINDA , MONTCLAIR, ONTARIO , RANCHO CUCAMONGA, REDLANDS , RIALTO ,
SAN BERNARDINO and UPLAND, all of which are bodies politic in the State
of California.
W I T N E S S E T H :
WHEREAS , the parties forming OMNITRANS , a joint powers authority ,
desire to amend the OMNITRANS Joint Powers Agreement to provide for counting
al l County representatives on the Board of Directors as one for the purpose
of establishing a quorum for meetings of the Board of Directors ; and
WHEREAS , this Amendment will provide for the efficient operation
of OMNITRANS ;
NOW, THEREFORE , the parties to the OMNITRANS Joint Powers
Agreement agree as follows :
1 . Section 3. B. of the OMNITRANS Joint Powers Agreement dated
March 8 , 1976 is hereby amended , effective upon approval
of this Amendment by all member agencies of OMNITRANS , to
read as follows :
"Section 3. B.
Voting .
Each member of the Board of Directors shall have
one vote , provided , however , that upon the, call of any
Board member , a weighted voting shall he used which
Page 1 of 4
entitles each member agency to one additional vote for
each $5,000 of capital asset value ( rounded to the
nearest 5 ,000) contributed to OMNITRANS in the name of
the member agency as of the preceding June 30 or
December 31 . Total capital asset value contributed by
each member less depreciation shall be computed by the
Controllet designated in Section 3. D. of this Agreement
and such computation will control in determining
. weighted votes. The weighted votes to which the County
is entitled shall be divided equally among those
Supervisors present . The weighted votes of any single
representative shall not be split . The weighted voting
of any single member agency shal=l not of itself, con-
stitute a majority vote. A quorum shall consist of a
majority of the membership of the Board of Directors ,
except that all County representatives on the Board of
Directors shall be counted as one for the purpose of
establishing a quorum. Less than a quorum may adjourn
from time to time. All actions taken by the Board shall
require a majority vote of the members present , with a
quorum in attendance , provided , however , that adoption
of By- laws , Amendment of By- laws , adoption of an annual
budget and such other matters as the Board may designate
shall require a majority vote of the entire membership
of the Board (majority of total weighted votes of all
parties if weighted voting is called for ) . An abstention
shall be considered neither an affirmative nor a negative
vote , but the presence of the member abstaining shall be .
counted in determining whether or not there is a quorum
in attendance. "
2. All other provisions of the OMNITRANS Joint Powers Agreement
as amended shall remain in full force and effect.
IN WITNESS WHEREOF , the parties hereto have caused this Agreement
Amendment to be executed and attested by their proper officers thereunto
Page 2 of 4
Culy authorized as of the day and year first above written .
Dated : COUNTY OF SAN BERNARDINO
ATTEST:
Clerk of the Board Chairman
Board of Supervisors
Dated : CITY OF CHINE}
ATTEST :
City Clerk Mayor
Dated : CITY OF COLTON -
ATTEST:
City Clerk Mayor
Dated : CITY OF FONTANA
ATTEST :
City Clerk Mayor
Dated : CITY OF GRAND TERRACE
ATTEST :
City Clerk Mayor
Dated : CITY OF LOMA LINDA
ATTEST:
City Cleric Mayor
Dated : CITY OF MONTCLAIR
ATTEST:
City Clerk Mayor
Dated : CITY OF ONTARIO
ATTEST :
City Clerk lyr nw
Page 3 of 4
Lia ted : CITY Q F RANCHO CUCAMGNGA
ATTEST:
City Clerk Mayor
t =
Dated: r. Y _ CITY } E D AN _g
ATTEST: Y
City C l ark /% May F
Dated : CITY OF RIALTO _
ATTEST:
City Clerk Mayor
Dated : CITY OF SAN BERNA DIN
ATTEST:
City C i erk Mayer
Dated: CITY OF UPLAND
ATTEST:
City Clerk Mayor
Page 4 of 4
r'
DATE: October 1, 1980 ~
TO: All City Managers and Administrators of the
Omnitrans Technical Advisory Committee
FROM: Robert E. Chafin, General Manager
SUBJECT: Amendment to Omnitrans Joint Powers Agreement - Section 3.B. -
Count all County Board Representatives as one for the purposes
of establishing a quorum
At the meeting of the Omnitrans Board of Directors held on
the 10th day of September, 1980, said Board amended the Omni-
trans Joint Powers Agreement, Section 3.B. , to count all
County Representatives to the Board as one, for the limited
purpose of establishing a quorum.
This amendment must be approved by all the agencies within
Omnitrans before it can be implemented.
After you have obtained approval from your governing boards,
please contact Omnitrans in order that the original document
may be forwarded to you for signature.
ROBERT E. CHAFI
GENERAL MANAG
REC:mrc
Enc. 1
1700 WEST 5TH STREET• SAN BERNARDINO, CALIFORNIA 92411 *TELEPHONE (714) 3133- 5116