HomeMy WebLinkAboutOrdinance 5150 ORDINANCE NO. 5150
AN ORDINANCE PROVIDING FOR FAYETTEVILLE'S
PARTICIPATION IN THE NORTHWEST ARKANSAS
REGIONAL MOBILITY AUTHORITY AND APPROVING
AN AGREEMENT WITH PARTICIPATING MEMBERS OF
THE NORTHWEST ARKANSAS REGIONAL MOBILITY
AUTHORITY
WHEREAS, there are major transportation issues in Northwest Arkansas that
cannot or will not be solved by the Arkansas Highway and Transportation Department
(AHTD) alone; and
WHEREAS, in recognition of financial limitations, as well as the lack of suitable
statutory authority for cities and counties to collectively fund and implement
transportation projects on a regional basis, with or without AHTD participation, the
Legislature approved Act 389 of 2007 to revise the Regional Mobility Authority Act of
2005; and
WHEREAS, the stated intent of Act 389 made clear that the funding of regional
mobility authorities is intended as a supplement to, and not a substitute for, state and
federal transportation aid to counties and municipalities; and
WHEREAS, with said changes, revisions, and clarifications, the establishment of
a multi-county regional mobility authority is now deemed practicable and advisable,
and it is the desire of the City Council to move forthwith in such establishment with
participating members of the Northwest Arkansas Regional Mobility Authority.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby
authorizes and approves Fayetteville's participation in the Northwest Arkansas
Regional Mobility Authority.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby
approves the "Northwest Arkansas Regional Mobility Authority Agreement," which is
attached hereto as Exhibit " A" .
Page 2
Ord. 5150
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby
authorizes and directs the Mayor to execute the document on behalf of the City of
Fayetteville, and transmit it to participating members of the Northwest Arkansas
Regional MobilityAuthorihfor consideration.
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PASSED and APPROVED this 1st day of July, 2008. 8� a
; FAYETTEVILLE •
APPROVED: ATTEST: �z �'
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By: 16a 44
By:
DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer
NORTHWEST ARKANSAS
REGIONAL MOBILITY AUTHORITY AGREEMENT
As authorized by Act 389 of 2007 of the Arkansas General Assembly, codified as A.C.A. 27-76-
101 , et seq. , Washington County and Benton County herewith form the Northwest Arkansas
Regional Mobility Authority (the "Authority").
ARTICLE I — AUTHORIZATION
The parties to this Agreement are Washington County and Benton County, Arkansas and
municipalities within the jurisdictional boundaries of the Authority. Municipalities within the
jurisdictional boundaries may become a member of the Authority subject to meeting the
requirements of A.C.A. 27-76-203 . The counties and the subsequent signatory cities agree to
J oin cooperatively in establishing and providing for the operation of the Northwest Arkansas
Regional Mobility Authority.
ARTICLE II — DURATION
The Authority shall have a perpetual existence.
ARTICLE III — ORGANIZATION
A. CONSTITUTION . The Authority shall be governed by a Board of Directors. The Board
of Directors shall include the County Judge, or a representative designated by the County
Judge, of each county that is a member of the Authority; and the Mayor, or a
representative designated by the Mayor, of each city of the first class that is a member of
the Authority. The designated representative of a County Judge or a Mayor shall be a
qualified elector of the jurisdiction that the designated representative is appointed to
represent.
B. TERMS. A Director who is a public official may serve on the Board of Directors during
his term of office as the County Judge or Mayor of a member of the Authority. A
Director who is the designated representative of the Mayor or County Judge serves at the
pleasure of the Mayor of the municipality or the County Judge of the county that is a
member of the Authority. The term of such a Director shall not extend beyond the term
of the appointing public official. A new Mayor or County Judge may designate the same
person who served as the designated representative of a previous Mayor or County
Judge, as their designated representative to serve as a Director.
C. PAY AND EXPENSES. The members of the Board of Directors of the Authority shall
receive no salary or per diem, but shall be entitled to reimbursement of actual travel and
out-of-pocket expense incurred on behalf of the Authority as authorized by the Board.
ARTICLE IV — JURISDICTIONAL BOUNDARIES
The jurisdictional boundaries of the Authority shall be co-extensive with the legal boundaries of
Washington County and Benton County, Arkansas.
ARTICLE V — GOVERNANCE
The Authority shall be operated and controlled by its Board of Directors in accordance with
A.C.A. 27-76-301 , el seq.
ARTICLE VI — POWERS AND DUTIES
The Board of Directors shall have those powers and duties set forth in A.C.A. 27-76-401 -410.
All plans developed by the Authority shall be consistent with state implementation plans,
statewide transportation improvements programs if federal aid funds are involved, statewide
long-range transportation plans, city and county master street plans, and metropolitan
transportation plans in metropolitan areas as required under 23 U.S .C. Section 134 as it existed
on January 1 , 2007.
ARTICLE VII — EMINENT DOMAIN
The Authority shall have the power of eminent domain and such powers shall be exercised for
public purposes only, as set forth in A.C.A. 27-76-501 — 504.
ARTICLE VIII — FINANCING AND BONDS
The Authority may be financed or supported as determined by the Board of Directors in
accordance with A.C.A. 27-76-601 — 611 . However, in no event may any member be financially
obligated without the consent of its governing body.
ARTICLE IX — TOLLING FEES, FARE AND OTHER CHARGES OF A TOLL
FACILITY PROJECT
As determined by its Board of Directors, the Authority shall have those tolling powers and rights
as set forth in A.C.A. 27-76-701 — 713 .
ARTICLE X — OFFICERS, MEETINGS, AND RULES
A. OFFICERS . At its organizational meeting and at the first regular meeting of each fiscal
year, the Board of Directors shall elect one of its members as Chairman, one as Vice-
Chairman, one as Secretary, and one as Treasurer. At the discretion of the Board, the
offices of Secretary and Treasurer may be held by one person.
B. MEETINGS, The Authority' s Board of Directors shall meet not less than quarterly at
dates; times, and places to be established by the Board . All meetings shall be open to the
public as provided by Arkansas law, and shall be conducted pursuant to procedures
established by the Board . A meeting may be called by the Secretary at the direction of
the Chairman, or upon the direction of a majority of the members of the Board of the
Authority.
C. RULES. Fifty percent (50%) of the members of the Board plus one shall constitute a
quorum and no vacancy in the membership of the Authority shall restrict the right of a
quorum to exercise all the rights and privileges or the duties of the Authority. The Board
2
of Directors of the Authority may create such committees as it deems necessary for the
proper exercise of it functions. The Board shall adopt rules for the transaction of
business, and shall keep a complete record of its activities and business, which shall be a
public record.
No member of the Board of Directors or any officer, employee, or agent of the Authority
shall have a personal interest in any business of the Authority or in any contract with the
Authority, or in any property or other assets in which the Authority is interested. No
person shall be employed by the Authority who is related to a member or officer of the
Authority by blood or by marriage within the fourth degree. For purposes of this
provision, any corporation or other business in which any member of the Board of the
Authority or any officer, employee or agent of the Authority has a substantial interest
shall be prohibited from doing business with the Authority.
ARTICLE XI — AMENDMENT
This Agreement may be modified or amended in the same manner as this Agreement was
adopted.
ARTICLE XII — TERMINATION
This Agreement shall continue in full force and effect subsequent to it adoption by all signatory
parties. Whenever the members of the Authority shall by ordinance determine that the Authority
shall be dissolved and that all bonds issued and all other obligations incurred by the Authority
have been fully paid or satisfied, the members of the Authority may by ordinance declare the
Authority dissolved.
In the event that the Authority shall be dissolved, title to all funds and other property owned by
the Authority at the time of dissolution shall be liquidated and distributed to the members in
direct proportion to the funds contributed to the Authority by the members, if any, and if no
funds were contributed, to each member in the manner provided in the ordinance declaring the
dissolution.
ARTICLE XIII — NEW MEMBERS; WITHDRAWALS
Any municipality within the jurisdictional boundaries of the Authority, without exception, may
become a member of the Authority subject to meeting the requirements of A.C.A. 27-76-203 .
Any member of the Authority may withdraw at any time without the consent of the other
members prior to any bonded debt being issued by the Authority. The withdrawal shall become
effective upon the adoption of an ordinance by the withdrawing member and the filing of the
ordinance with the Authority. The withdrawal of a member shall not cause a dissolution or
otherwise terminate this Agreement.
If there is bonded debt of the Authority outstanding, a member may withdraw from the Authority
without the consent of the other members so long as there are sufficient members remaining to
constitute the Authority and to provide for a Board of Directors of the Authority.
3
ARTICLE XVI — COOPERATIVE AGREEMENT
This Agreement incorporates by reference A.C.A. 25-20-104(c) to the extent that the same is
consistent with the provision of the Regional Mobility Authority Act and with this Agreement.
ARTICLE XV — FULL AND COMPLETE POWERS AND DEFINITIONS
It is the intention of this Agreement and the signatories hereto that the Authority established
hereunder have all of the powers, duties, and obligations conferred upon the Authority by the
Regional Mobility Authority Act. The definitions and powers of the Act are incorporated by
reference.
ARTICLE XVI — GENDER
Any references to gender made herein are intended to be neutral.
ARTICLE XVII — ENTIRE AGREEMENT
This writing constitutes the entire agreement between the . parties. All amendments or
modifications hereto must be in writing. Act 389 of 2007 is attached, designated Exhibit A, and
incorporated by reference.
IN WITNESS WHEREOF the City of Fayetteville, by its Mayor has executed this Agreement
on the 1 s` day of July, 2008.
CITY OF FAYETTEVILLE
By: �Iz /
DAN COODY, Mayor
ATTEST
By:
SO RA E. SMITH, City Clerkrrreasurer
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Exhibit "A"
Stricken language would be deleted from and underlined language would be added to the law as it existed
prior to this session of the General Assembly.
Act 389 of the Regular Session
1 State of Arkansas As Engrossed.- H312107
2 86th General Assembly Bill
3 Regular Session, 2007 HOUSE BILL 1698
4
5 By: Representatives Wills, Medley, Anderson, Glidewell, Harris, Hawkins, House, Hoyt, D. Hutchinson,
6 King, Maxwell, Pennartz, Rosenbaum, Woods, Wyatt, Adcock, Berry, E. Brown, Burkes, Chesterfield,
7 Cornwell, L. Cowling, Davis, Dickinson, Dunn, L. Evans, Gaskill, R. Green, Greenberg, Hall, Hardwick,
8 Hyde, Jeffrey, J Johnson, Kenney, Kidd, Lovell, Lowery, Norton, Overbey, Pace, Pierce, Ragland,
9 Reynolds, J Roebuck, Rogers, Sample, Saunders, Schulte, Shelby, L. Smith, Sullivan, Thyer, Wells
10 By: Senators Steele, Wilkins, Altes, Baker, Bisbee, Bookout, Broadway, Bryles, Capps, Faris, Glover,
11 Hendren, Horn, B. Johnson, Madison, Malone, B. Pritchard, T. Smith, J. Taylor, R. Thompson, Wilkinson
12
13
14 For An Act To Be Entitled
15 AN ACT TO REVISE THE REGIONAL MOBILITY AUTHORITY
16 ACT BY PLACING IT IN A STAND-ALONE CHAPTER IN THE
17 ARKANSAS CODE AND BY ADDING THE NECESSARY
18 PROVISIONS TO MARE IT FEASIBLE FOR COUNTIES AND
19 CITIES TO UTILIZE ; AND FOR OTHER PURPOSES ,
20
21 Subtitle
22 TO REVISE THE REGIONAL MOBILITY
23 AUTHORITY ACT ,
24
25
26 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS :
27
28 SECTION 1 . Arkansas Code Title 27 is amended to add an additional
29 chapter to read as follows :
30 CHAPTER 76
31 Subchapter 1 — General Provisions
32
33 27 -76 - 101 . Title ,
34 This chapter is known and may be cited as the "Regional Mobility
35 Authority Act " .
Ill�l�lpl��lll �ll� l� 03-02-200709:53 JSE115
As Engrossed: H3/2/07 HB1698
1
2 27 -76 - 102 . Legislative findings .
3 The General Assembly finds that :
4 ( 1 ) Many transportation projects cannot be completed because the
5 transportation construction and maintenance needs of the State of Arkansas
6 far exceed the budget for highway construction and maintenance •
7 ( 2 ) Counties and municipalities have limited budgets for
8 transportation construction and maintenance . As a result they are often
9 unable to be financial partners with the Arkansas State Highway and
10 Transportation Department ;
11 ( 3 ) Through the creation of regional mobility authorities
12 throughout the state counties and municipalities are empowered to become
13 better partners for highway construction and maintenance with the Arkansas
14 State Highway and Transportation Department and the State Highway Commission•
15 and
16 ( 4 ) The funding of regional mobility authorities is intended to
17 supplement state and federal transportation funds Such funding is not
18 intended to substitute for state and federal transportation aid to counties
19 and municipalities .
20
21 27 - 76 - 103 . Definitions .
22 As used in this chapter :
23 ( 1 ) (A) "Bond " means a revenue bond or note issued under this
24 chapter by a regional mobility authority created under the Regional Mobility
25 Authority Act , 6 27 -76- 101 et sea
26 (B ) "Bond" includes any other financial obligation of a
27 regional mobility authority authorized by this chapter , the laws of this
28 state , or the Arkansas Constitution•
29 ( 2 ) (A) "Compensation" means any payment for the value of the use
30 of time or the expenditure of moneys including without limitation •
31 ( i) A salary • or
32 ( ii) Per diem allowance .
33 (B ) "Compensation" does not include reimbursement as
34 provided under b 27 -76 -302 ( d ) •
35 i3 ) "Debt service" means the amounts necessary for paying
36 principal , interest , trustee ' s and paving agent ' s fees and rebate costs and
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As Engrossed: H3/2/07 HB1698
1 the amounts necessary to establish and maintain debt service reserves as
2 provided in the authorizing resolution or trust indenture identified under
3 this chapter ;
4 ( 4 ) "Governmental entity" means a lawfully created branch ,
5 department , or agency of the federal , state , or local government ;
6 ( 5 ) "Owner" means any individual , partnership , association ,
7 corporation , or organization having any title or interest in any property ,
8 rights , easements , and interest authorized to be acquired by and under the
9 regional mobility authority of this chapter ;
10 ( 6 ) "Person" means any individual , partnership , corporation , or
11 other entity recognized by law as having power to contract ;
12 ( 7 ) "Project development" means all phases of implementation
13 conducted in relation to a transportation project , including without
14 limitation :
15 ( A) Planning ;
16 ( B ) Environmental clearances ;
17 ( C ) Surveys ;
18 (D) Design ;
19 ( E ) Utility adjustments ;
20 ( F) Right-of -way acquisition ;
21 ( G) Construction ; and
22 ( H ) Construction inspection .
23 ( 8 ) "Public utility facility" means a facility that is either
24 publicly or privately owned and that provides direct or indirect utility
25 service to the public , including without limitation :
26 (A) Sewage and water pumping stations ;
27 ( B ) Sewage and water treatment facilities ;
28 (C ) Telephone electronic structures ; and
29 (D) Maior electrical power lines , pipelines , or
30 substations whose major purpose is transport through a community ;
31 ( 9 ) "Registered owner" means an owner of a motor vehicle as
32 shown on the vehicle registration records maintained by the Office of Motor
33 Vehicle or the analogous department or agency of another state or country ;
34 ( 10 ) ( A) "Toll facility project " means :
35 ( 1 ) Any new highway constructed under the provisions
36 of this chapter by a regional mobility authority as a toll road ; and
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As Engrossed: H3/2/07 HB1698
1 ( ii) All property , rights , easements , rights-of-way ,
2 and interest that may be acquired by the regional mobility authority for or
3 in connection with the construction or operation of a toll road .
4 ( B ) "Toll facility project" includes without limitation
5 the following as the regional mobility authority deems necessary or desirable
6 for the operation of a toll road :
7 ( i ) Lands •
8 ( 11 ) Rights-of-way ;
9 ( 111 ) Bridges ;
10 ( iv ) Tunnels ;
11 (v) Overpasses ;
12 (vi ) Underpasses ;
13 (vii ) Interchanges ;
14 (viii) Entrance plazas ;
15 ( ix) Approaches ;
16 ( x) Toll houses ;
17 ( xi ) Administration buildings •
18 ( xii) Storage buildings ;
19 (x111 ) Other buildings ; and
20 (xiv ) Facilities ;
21 ( 11 ) (A) "Toll facility project costs " means any direct and
22 indirect costs incurred in connection with the acquisition of rights -of-wav
23 for and constructing and equipping toll facility projects including without
24 limitation •
25 ( i) The cost of the acquisition of all lands
26 property , rights , rights -of-way , easements and interests acquired by a
27 governmental entity ;
28 ( 11) The cost of demolishing or removing buildings
29 or structures on the land so acquired ;
30 ( iii ) The cost of acquiring any lands to which those
31 buildings or structures may be moved •
32 ( iv ) The cost of all machinery and equipment •
33 (v ) Financing charges including interest accrued •
34 ( a ) Prior to construction ;
35 (b ) During construction ; or
36 ( c ) For a period after construction •
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As Engrossed: H3/2/07 HB1698
1 (vi) The establishment of necessary funds and
2 reserves ;
3 (vii ) The cost of traffic estimates , engineering
4 fees , legal fees , plans , specifications , surveys , and estimates of cost and
5 revenues ;
6 (viii ) Administration expense , expenditures , or any
7 other expense that is necessary or incidental to determining the feasibility
8 or practicability of a toll facility project ; and
9 ( ix) Cost , expenditure , or any other expense that is
10 necessary or incidental to the construction of a toll facility project , the
11 finance of the construction , and the placement of the toll facility project
12 into operation.
13 ( B ) Any obligation , expense , or expenditure incurred or
14 made by the regional mobility authority for matters pertaining to a toll
15 facility proiect , including without limitation :
16 ( 1) Feasibility studies ;
17 ( 11 ) Traffic surveys ;
18 ( iii ) Borings ;
19 ( iv) Preparation of plans and specifications ;
20 (v) Engineering services ; and
21 (vi ) Cost , expenditure , or any other expense that is
22 regarded as part of the costs of a toll facility project and that may be
23 reimbursed to the State Highway Commission or other agency or department of
24 the state out of the proceeds of revenue bonds or out of any other available
25 funds of the commission ;
26 ( 12 ) "Toll facility project revenues" means , without limitation ,
27 any tolls rentals license and permit revenues , contractual receipts , gifts ,
28 grants moneys charges and other funds , including federal aid highway
29 funds and property of whatever nature coming into the possession of or under
30 the control of the board of directors of the regional mobility authority by
31 virtue of this chapter , except the proceeds derived from the sale of revenue
32 bonds issued under this chapter ,
33 ( 13 ) "Transponder" means a device placed on or within a vehicle
34 that is capable of transmitting or receiving information used to assess or
35 collect tolls ;
36 ( 14 ) "Transportation proiect" means :
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As Engrossed: H3/2/07 HB1698
1 (A) Any part of a transportation system;
2 (B ) Construction on or of any part of a transportation
3 system;
4 ( C ) Maintenance on or operation of any part of a
5 transportation system; or
6 (D) Preservation of any part of a transportation system;
7 and
8 ( 15 ) "Transportation system" means infrastructure that provides
9 mobility for people or goods in a region including without limitation :
10 (A) Roads ;
11 ( B ) Streets ;
12 ( C ) Highways ;
13 ( D ) Bridges ;
14 ( E) Tunnels ;
15 ( F) Sidewalks ;
16 ( G ) Bicycle paths ;
17 (H ) Toll facilities ;
18 ( I ) Pedestrian ways :
19 SJ) Intermodal facilities ;
20 (R) Port authorities ;
21 (L) Railroads that are ninety-nine percent ( 99X ) publicly
22 owned ;
23 (M) Parking facilities ;
24 fN) Public transit systems ;
25 (0) Traveler information systems ;
26 SP) Intelligent transportation systems ;
27 ( Q) Traffic management systems ;
28 (R) Traffic signal systems ;
29 ( S ) Safety improvements ; or
30 (T) Any other means of surface or water transportation
31
32 27- 76- 104 . Exemption from taxation or assessment
33 (a) A regional mobility authority is exempt from ad valorem property
34 taxation of or assessments on each of the following :
35 (1 ) A transportation system;
36 (2) A transportation prosect ; and
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