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HomeMy WebLinkAboutOrdinance 4418 ORDINANCE NO. 4418 AN ORDINANCE AUTHORIZING THE CITY OF FAYETTEVILLE TO BECOME A PART OF A PUBLIC TRANSIT AUTHORITY TO BE KNOWN AS THE OZARK TRANSIT AUTHORITY, AND CONFIRMING AN INTERLOCAL AGREEMENT TO BE SIGNED BY THE MAYOR. WHEREAS, pursuant to Ark. Code Ann. 14-334-101 et seq., the City of Fayetteville is authorized to become a part of a public transit authority; and, WHEREAS, to become a part of said authority, the City Council must approve such and any agreement of implementation; and, WHEREAS, public transit is currently being provided to the citizens of Washington, Benton, Madison and Carroll Counties and the incorporated cities therein by a non-profit corporation whose board consists of the County Judges as aforesaid and the Mayors of Fayetteville, Springdale, Bentonville, and Rogers; and, WHEREAS, said non-profit corporation was intended to be transitional until an authority could be formed pursuant to Ark. Code Ann. 14-334-101 et seq.; the Public Transit System Act; and, WHEREAS, it is in the best interests of the citizens of all the aforesaid that the system become publicly owned so as to better manage the federal, state, and local monies that are invested in the system. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City of Fayetteville is hereby authorized to become a part of a public transit authority to be known as the Ozark Transit Authority which shall consist of the above stated entities and any others that desire to join. Section 2. That neither the City of Fayetteville, nor any other entity, may be financially or otherwise obligated except upon specific approval of the respective governing bodies. Section 3. That the Interlocal Agreement attached hereto and incorporated herein as if set out word for word is hereby approved and the Mayor is authorized to sign said agreement. PASSED and APPROVED this 17thday of September, 2002. APPROVED: t � rEf /� � . B r�r � ,�, i DAN COODY, Mayo �. l � . B( O�ODRUFF, ty Clerk � ' r a . r �•1 � NAME OF FILE: Ordinance No. 4418 CROSS REFERENCE: Item # Date Document 1 09/17/02 Ordinance 4418 2 08/12/02 Memo to The Mayor and City Council from Hugh Earnest 3 09/03/02 Staff Review Form 4 09/20/02 Memo to Hugh Earnest from Heather Woodruff NOTES : o✓ • COPY! Ord . 4418 INTERLOCAL AGREEMENT FOR THE CREATION OF A PUBLIC TRANSIT SYSTEM TO BE KNOWN AS THE OZARK TRANSIT AUTHORITY . WHEREAS, pursuant to Ark. Code Ann. 14-334-101 et seq., the Citv of Fayetteville is authorized to become a part of a public transit authority; and, WHEREAS, to become a part of said authority, the City Council must approve such and any agreement of implementation; and, WHEREAS, public transit is currently being provided to the citizens of Washington, Benton, Madison and Carroll Counties and the incorporated cities therein by a non-profit corporation whose board consists of the County Judges as aforesaid and the Mayors of Fayetteville, Springdale, Bentonville, and Rogers; and, WHEREAS, said non-profit corporation was intended to be transitional until an authority could be formed pursuant to Ark. Code Ann. 14-334-101 et seq.; the Public Transit System Act; and, WHEREAS, it is in the best interests of the citizens of all the aforesaid that the system become publicly owned so as to better manage the federal, state, and local monies that are invested in the system. NOW, THEREFORE, IT IS AGREED: ARTICLE 1. A public transit authority is hereby created to be known as the Ozark Transit Authority. ARTICLE 2. The authority shall consist of the Counties of Washington, Benton, Madison, and Carroll and the Cities of Fayetteville, Springdale, Bentonville, and Rogers. Any other incorporated city may become a member at its option. Any unincorporated community may become a member upon majority vote of the Board. ARTICLE 3. The authority shall be governed by a board of directors consisting of the County Judges and Mayors of the aforesaid counties and cities or their representatives. ARTICLE 4. No entity which is a part of the authority may be financially or otherwise obligated except upon specific approval of its governing body. ARTICLE 5. Said authority shall have all those powers and authority as set out in Ark. Code Ann. 14-334-101 et seq. • COPY J Ord .. 4418 ARTICLE 6. Any member may withdraw from said authority by a majority vote of its governing body upon six (6) months notice pursuant to Ark. Code Ann. 14-14-901, or Ark. Code Ann. 1443-502. ARTICLE 7. In the event the authority should dissolve, after payment of its just debts, its assets shall be distributed pursuant to state and federal law; unless and until dissolution occurs, its existence shall be perpetual. ARTICLE 8. The system shall be financed through grants from the Federal Transit Authority administered through the Arkansas State Highway Department; fares and special subscriptions, and such local monies as appropriated by the entities which are a party hereto; donations; private grants. Executed this day of . 2002. WASHINGTON COUNTY BENTON COUNTY Jerry Hunton, County Judge Gary Black, County Judge MADISON COUNTY CARROLL COUNTY Wes Fowler, County Judge Ed Robertson, County Judge CITY OF FAYETTEVILLE CITY OF SPRINGDALE Dan Coody, Mayor r Jerre Van Hoose, Mayor CITY OF BENTONVILLE CITY OF ROGERS Terry Coberly, Mayor Steve Womack, Mayor FAYETTEVILDLE THE CITY OF FAYETTEVILLE, ARKANSAS Date: August 12, 2002 To The Mayor and City Council From: Hugh Earnest Urban Development Director Subject: Regional Transit Authority Ordinance Background and History Ozark Regional Transit began serving certain transportation needs of Northwest Arkansas in 1975 under the umbrella of the Community Resources Group headquartered in Springdale. In 2001 , CRG announced that they no longer wished to operate the Transit operation serving the region. In order to insure that the service continued, the Mayors of Bentonville, Fayetteville, Springdale and Rogers along with the County Judges of Benton, Carroll, Madison and Washington Counties formed a not-for-profit organization and assumed operation of the service in October of last year. The group decided that this particular operation required professional management and employed First Transit Management Services from Cincinnati, Ohio to manage the system. The funding for this service has historically come primarily from Federal and State sources with some assistance from local governments. Ozark Regional Transit's 2002 budget year ends September 30, 2002 and their total expenditures were $ 1 ,316,319. Last year, the four cities contributed $ 145,324 broken down as follows: Bentonville $ 16,731 Springdale $47,700 Rogers $42,574 Fayetteville $38,319 As the Council knows, our initial experience with the new management of ORT has been very positive and it is my opinion that we can expect to see considerable improvements in service levels and quality of service in the future. Current Situation Early this year, the not-for-profit group that was established to operate this service decided that the interests of the region would be best served by forming a Regional Transit Authority. Mr. George Butler, who is the Washington County Attorney, prepared an ordinance for review by the respective entities. As of this date, the Quorum Courts in 113 WEST MOUNTAIN 72701 479-621-7700 FAX 479-6/68267 Carroll, Madison and Washington have all adopted the ordinance along with the City of Bentonville. Recommendation The ordinance that is being adopted by the respective governments is attached for your review. In its current form, the ordinance simply establishes a Regional Authority, and leaves all funding decisions to the individual local governments. While it is possible that the future will require that additional authority be vested in the regional group, this ordinance and the accompanying Interlocal Agreement does not address those issues. It is our recommendation that the City Council approve the ordinance as submitted. In addition, the Council should confirm the Interlocal Agreement that is also attached. The Interlocal Agreement effectively establishes the operational parameters for the authority. FAYETTEVWLE THE CrrY OF FATErTEVILLE, ARKANSAS Date: May 29, 2002 To: The Mayor and Council From: Hugh Earnest Urban Development Director Subject: Funding Options for Public Transit Background As the Council knows, the funding for support of the City operated trolley system ceases on June 30`s of this year. My earlier suggestion for use of Block Grant funds as a funding source for this operation was not acceptable and you have asked us to identify other options for continuing this service. Current Status Razorback Transit has expressed their willingness to service the area covered by our North (Poppy) route on July 1". As we stated in our report to you, every effort will be made during the month of June to visit with all existing user groups to ensure that the transition is as smooth as possible. In addition, the contract for service that the University is still reviewing for 2002 will be modified as necessary to reflect the new operational conditions. The City has, for several years, contributed $30,000 a year to Razorback Transit as partial support for their activities. I would be remiss if I did not compliment the Razorback Transit staff for their willingness in working with us and Ozark Regional Transit on this important public service. Recommendation The current funding source for the Trolley is the City Street Fund. A change in state law several years ago enables cities to allocate monies from this fund for support of transit. Ted Webber, Steve Davis and I have met on this issue and we concur that it is in the overall public interest to recommend that an appropriation not to exceed $70,000 be made from the Street Fund to support this service. We are also convinced that we can secure a cash match valuation of at least $30,000 for the trolleys purchased with local funds over the past several years. This level of City support will enable Ozark Regional Transit to secure a dollar for dollar match for an access-to-work program and will ensure the operation of an expanded trolley system through the end of 2003 . This recommended use of local funds will be much simpler and far less complex than the use of CDBG funds. While I had recommended their use, I had also pointed out that the public hearing requirements and issues associated with purchase of services based on actual ridership made their use far more difficult. 113 WEST NIOUNTAW 72701 479621-7700 FAX 479-6/68267 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY OF FAYETTEVILLE TO BECOME A PART OF A PUBLIC TRANSIT AUTHORITY TO BE KNOWN AS THE OZARK TRANSIT AUTHORITY, AND CONFIRMING AN INTERLOCAL AGREEMENT TO BE SIGNED BY THE MAYOR. WHEREAS, pursuant to Ark. Code Ann. 14-334-101 et seq., the City of Fayetteville is authorized to become a part of a public transit authority; and, WHEREAS, to become a part of said authority, the City Council must approve such and any agreement of implementation; and, WHEREAS, public transit is currently being provided to the citizens of Washington, Benton, Madison and Carroll Counties and the incorporated cities therein by a non-profit corporation whose board consists of the County Judges as aforesaid and the Mayors of Fayetteville, Springdale, Bentonville, and Rogers; and, WHEREAS, said non-profit corporation was intended to be transitional until an authority could be formed pursuant to Ark. Code Ann. 14-334-101 et seq.; the Public Transit System Act; and, WHEREAS, it is in the best interests of the citizens of all the aforesaid that the system become publicly owned so as to better manage the federal, state, and local monies that are invested in the system. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That the City of Fayetteville is hereby authorized to become a part of a public transit authority to be known as the Ozark Transit Authority which shall consist of the above stated entities and any others that desire to join. Section 2. That neither the Ci of Fayetteville, nor an other enti City y y ty, maybe financially or otherwise obligated except upon specific approval of the respective goyeer'nning do es. Section 3. That the Interlocal Agreement attached her�e5/to nd incorporated herein as if set out word for word is hereby approved and the Mayor is authorized to ign said areement. PASSED and APPROVED this dy" of 2002. APR VED: By: , AN COODY, Mayor ATTEST: By: / HEA'T'HER WOODRV`1FF, City Clerk f 0 9 INTERLOCAL AGREEMENT FOR THE CREATION OF A PUBLIC TRANSIT SYSTEM TO BE KNOWN AS THE OZARK TRANSIT AUTHORITY WHEREAS, pursuant to Ark. Code Ann. 14-334-101 et seq., the City of Fayetteville is authorized to become a part of a public transit authority; and, WHEREAS, to become a part of said authority, the City Council must approve such and any agreement of implementation; and, WHEREAS, public transit is currently being provided to the citizens of Washington, Benton, Madison and Carroll Counties and the incorporated cities therein by a non-profit corporation whose board consists of the County Judges as aforesaid and the Mayors of Fayetteville, Springdale, Bentonville, and Rogers; and, WHEREAS, said non-profit corporation was intended to be transitional until an authority could be formed pursuant to Ark. Code Ann. 14-334-101 et seq.; the Public Transit System Act, and, WHEREAS, it is in the best interests of the citizens of all themore"s d that the system become publicly owned so as to better manage the fedea l sta e, and local monies that are invested in the system. NOW, THEREFORE, IT IS AGREED: ARTICLE 1. A public transit a thority ihe by reated to be known as the Ozark Transit Authority. - ARTI E T uthorit. hal � c - ist f hie Counties of Washington, Benton ,-Mad osi n, and arroll nd they �i'4es of ye�dille, Springdale, Bentonville, and'R � ers. A,y otl ler 6 rporated fc- may biome a member at its option. Any uninc rporated co± uT ity m�� beco `m a member upon majority vote of the Board. AR ' CLE 3. The uthority shall be governed by a board of directors consisting of theount, ges and Mayors of the aforesaid counties and cities or their rep es ntative . ARTICLE 4. No entity which is a part of the authority may be financially or otherwise obligated except upon specific approval of its governing body. ARTICLE 5. Said authority shall have all those powers and authority as set out in Ark. Code Ann. 14-334-101 et seq. 0 0 ARTICLE 6. Any member may withdraw from said authority by a majority vote of its governing body upon six (6) months notice pursuant to Ark. Code Ann. 14-14-901, or Ark. Code Ann. 14-43-502. ARTICLE 7. In the event the authority should dissolve, after payment of its just debts, its assets shall be distributed pursuant to state and federal law; unless and until dissolution occurs, its existence shall be perpetual. ARTICLE 8, The system shall be financed through grants from the Federal Transit Authority administered through the Arkansas State Highway Department; fares and special subscriptions, and such local monies as appropriated by the entities which are a party hereto; donations; private grants. Executed this day of 2002. WASHINGTON COUNTY BENTON COUNTY Jerry Hunton, County Judge Gary Black, County edge MADISON COUNTY CARROLL COUNTY J Wes Fowler, County Jua t7,, �J rE Roberts', n, County itrage CITY • F FAYETJVIti C F SPRINGDALE I Darr May, r ' Jerre Van Hoose, Mayor I gar CIT OBENTONVILLE CITY OF ROGERS Terry Coberly, Mayor Steve Womack, Mayor ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY OF FAYETTEVILLE TO BECOME A PART OFA PUBLIC TRANSIT AUTHORITY TO BE KNOWN AS THE OZARK TRANSIT AUTHORITY, AND CONFIRMING AN INTERLOCAL AGREEMENT TO BE SIGNED BY THE MAYOR. WHEREAS, pursuant to Ark. Code Ann. 14334101 et seq., the City of Fayetteville is authorized to become a part of a public transit authority; and, WHEREAS, to become a part of said authority, the City Council must approve such and any agreement of implementation; and, WHEREAS, public transit is currently being provided to the citizens of Washington, Benton, Madison and Carroll Counties and the incorporated cities therein by a non-profit corporation whose board consists of the County Judges as aforesaid and the Mayors of Fayetteville, Springdale, Bentonville, and Rogers; and, WHEREAS, said non-profit corporation was intended to be transitional until an authority could be formed pursuant to Ark. Code Ann. 14334101 et seq.; the Public Transit System Act; and, WHEREAS, it is in the best interests of the citizens of all the aforesaid that the system become publicly owned so as to better manage the federal, state, and local monies that are invested in the system. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That the City of Fayetteville is hereby authorized to become a part of a public transit authority to be known as the Ozark Transit Authority which shall consist of the above stated entities and any others that desire to join. Section 2. That neither the City of Fayetteville, nor any other en ti inancially or otherwise obligated except upon specific approval of the respective g es. Section 3. That the Interlocal Agreement attached hereto d incorporat erein as if set out word for word is hereby approved and the yor is au 0 , ed t6 ign sai a eement. PASSED and APPROVED this d `f, 20 , APR VED: 41 By: AN COODY, Mayor ATT By: HEA HER W D • µ , City Clerk INTERLOCAL AGREEMENT FOR THE CREATION OF A PUBLIC TRANSIT SYSTEM TO BE KNOWN AS THE OZARK TRANSIT AUTHORITY WHEREAS, pursuant to Ark. Code Ann. 14-334-101 et seq., the City of Fayetteville is authorized to become a part of a public transit authority; and, WHEREAS, to become a part of said authority, the City Council must approve such and any agreement of implementation; and, WHEREAS, public transit is currently being provided to the citizens of Washington, Benton, Madison and Carroll Counties and the incorporated cities therein by a non-profit corporation whose board consists of the County Judges as aforesaid and the Mayors of Fayetteville, Springdale, Bentonville, and Rogers; and, WHEREAS, said non-profit corporation was intended to be transitional until an authority could be formed pursuant to Ark. Code Ann. 14-334-101 et seq.; the Public Transit System Act; and, WHEREAS, it is in the best interests of the citizens of all the ' Or s d that the system become publicly owned so as to better manage the fed ta e, and local monies that are invested in the system. NOW, THEREFORE, IT IS AGREED: ARTICLE 1. A public tra t a thority i 1h reated o1-1� a known as the Ozark Transit Authori ARTI T uthori ; .c. ist fh Counties of Washington, Benton d'so anc arr d th } ` es e, Springdale, Bentonville, an R ers. y of Iter c , porated k" ma „ e a member at its option. Any uiunc , rporated o ty a beco .v , a mem er upon majority vote of the Board. AR CLEC. . Th uthority shall be governed by a board of directors concis ' g of o t ges and Mayors of the aforesaid counties and cities or their rep es ntati ARTICLE 4. No entity which is a part of the authority may be financially or otherwise obligated except upon specific approval of its governing body. ARTICLE 5. Said authority shall have all those powers and authority as set out in Ark. Code Ann. 14-334-101 et seq.