HomeMy WebLinkAboutOrdinance 5334 ORDINANCE NO. 5334
AN ORDINANCE APPROVING AN AMENDMENT TO THE INTERLOCAL
AGREEMENT PROVIDING FOR PARTICIPATION OF THE CITY OF
FAYETTEVILLE IN THE OZARK TRANSIT AUTHORITY
WHEREAS, the Ozark Transit Authority was created in 2002 by Washington, Benton,
Carroll and Madison counties and the cities of Fayetteville, Springdale,Rogers and Bentonville;and
WHEREAS, certain amendments to the interlocal agreement creating the Authority are
needed to increase board continuity, stagger terms of board members, clarify board make-up, and
determine how board members are added.
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 approves the
attached Amended Interlocal Agreement of a Public Transit System Known as Ozark Transit
Authority and authorizes the Mayor to sign said agreement.
PASSED and APPROVED this 6th day of July, 2010.
APPROVED: ATTEST:
By: By:
LIO ELD JO , Mayor SONDRA E. SMITH, City Clerkj,�q*urer
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City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
7/6/2010
City Council Meeting Date
Agenda Items Only
Don Marr, Chief of Staff Mayor's Administration Chief of Staff
Submitted By Division Department
Action Required:
Ordinance to amend the Inter-local agreement of a Public Transit System known as Ozark Regional Transit Authority.
n/a $ -
Cost of this request Category/Project Budget Program Category/Project Name
Account Number Funds Used to Date Program/Project Category Name
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
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(`o Previous Ordinance or Resolution#
D artment Director D to
Original Contract Date:
Original Contract Number:
C Attorney Date
-+J 6-q-2010
Finance and Internal Services Director Date Received in City IMBED K/
Clerk's Office (p_1,i'0 }�"I"A.,,.,`,
Allu 4�-7'/0
Chief o tall Date ENReceived in
Mayor's Office e
M or Date
Comments:
Revised January 15,2009
City Council Meeting Date:
e �`T1eJuly 6, 2010
lFayvARKyANSSAS
City Council Agenda Memo
To: Mayor and Members of the City Council
From: Don Marr, Chief of Staff
Thru: Mayor Jordan
Date: June 18,2010
Subject: Amended Inter-local Agreement of a Public Transit System Known as Ozark Transit
Authority
Recommendation:
The City Staff and Administration recommend on behalf of the Mayor's office that the City Council
of the City of Fayetteville, AR, pass an ordinance amendment to amend the inter-local Agreement
of Public Transit System; known as Ozark Transit Authority.
Background:
The City of Fayetteville, AR's inter-local agreement with ORT was previously created in 2002 by
the Arkansas counties of Washington, Benton, Madison and Carroll and the Arkansas cities of
Fayetteville, Springdale, Rogers and Bentonville. The request is to amend the inter-local
agreement to increase board continuity,stagger terms so the entire board doesn't turn over with
newly elected administrations,and providing a clear understanding of the board make-up and
how members are added. The detail of the amendments being offered are as follows:
1.) In Section 2 of the original ordinance,the recommendation removed language that
any other incorporated city may become a member of the inter-local agreement at
its own option and replaces it with the language that states,that any other
incorporated city may become a member upon a majority vote of the Board of
Ozark Transit Authority.
2.) In Section 3 of the original ordinance,the recommendation is to amend the
agreement to state that the authority shall be governed by a board of directors
consisting of one appointment from each of the county judges and City Mayors of
the counties and cities mentioned in Section 2. It also states that terms of each
appointment shall be for four(4)years after the initial appointments and the terms
are set up on a staggered term basis. The staggered term rotation begins with 2
appointments that end on May 31St 2011, and each year thereafter until the entire
eight(8) appointments have rotated terms by May 31,2014.
113 West Mountain 72701 (479)575-8323 accessfayetteville.org
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3.) A new Section 9 has been added that states that Any Mayor or County Judge who
has the authority to appoint a board member under this agreement, shall also have
the authority to remove said member without cause, and to appoint a replacement
for the member to complete the term. This allows newly elected Mayors and
County Judges to make appointments that are in alignment with their philosophies
and administrations.
The final change is wording, changing Article wording from Articles to Sections,
Budget:
There is no budgetary change or impact based on the amended inter-local agreement
amendments.
113 West Mountain 72701 (479)575-8323 accessfayetteville.org
TDD(Telecommunications Device for the Deaf)(479)-521-1316
AMENDED INTERLOCAL AGREEMENT
OF A PUBLIC TRANSIT SYSTEM KNOWN AS =
OZARK TRANSIT AUTHORITYno
rn
_°
WHEREAS, the Ozark Transit Authority was previously created 2 -by tffn�..
f ;
Arkansas counties of Washington, Benton, Madison, and Carroll, and the A!% SOS cities
{^ T
Springdale, Fayetteville, Rogers, and Bentonville; , :X
WHEREAS, the Board of Directors of Ozark Transit Authority have re0&jgendW that
the Interlocal Agreement entered into between the above named governing bodies be Ehended;
NOW, THEREFORE, it is agreed that the Interlocal Agreement is amended as follows
(that which is underlined is added; that which is stricken through is deleted):
Section 1: A public transit authority is hereby created to be known as Ozark Transit
Authority.
Section 2: The authority shall consist of the counties of Washington, Benton, Madison,
and Carroll, and the cities of Springdale, Fayetteville, Rogers, and Bentonville. Any other
incorporated city may become a member
beee e a membe upon a majority vote of the Board of Ozark Transit Authority.
Section 3: The authority shall be governed by a board of directors consisting of one
gppointment from each of the county judges and mayors of the aforesaid counties and cities
their- r-ep.osentativ,,. Terms of each appointment shall be for four years after the initial
appointment to allow for staggered terms as set out below:
Positions 1 and 2 will begin on the date of appointment and end May 31 2011
Positions 3 and 4 will begin on the date of appointment and end May 31 2012•
Positions 5 and 6 will begin on the date of appointment and end May 31 2013• and
Positions 7 and 8 will begin on the date of appointment and end May 31 2014
The county judges and mayors will conduct a drawing to determine the positions for which they_
will make appointments with each county Judge and each mayor making one appointment
Section 4: No entity which is a part of the authority may be financially or otherwise
obligated except upon specific approval of its governing body.
Section 5: Said authority shall have those powers and authority as set out in Ark. Code
Ann. §14-334-101, et. seq., commonly referred to as the Public Transit System Act.
Section 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. §14-43-502.
e Section 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,the authority's existence shall be perpetual.
ale Section 8: The system shall be financed through grants from the Federal Transit
Authority administered through the Arkansas State Highway Department, through fares and
special subscriptions, through such local monies as appropriated by the participating entities
which are a party hereto, and through private grants.
Section 9: Any Mayor or County Judge who has the authority to appoint a board
member under this agreement, shall also have the authority to remove said member without
cause, and to appoint a replacement for the member to complete the term.
In no other way is the original Interlocal Agreement entered into between the parties
amended or changed, except as specifically set out herein and the parties hereby approve all the
amendments hereto, and reaffirm and republish all the portions of the original agreement that is
not specifically amended herein.
Executed this day of L)!-::, )St , 2010.
)OOJ 44W,4��
6
QED INTERLOCAL.AGREEN04T
OF A PUBLIC TRANSIT SYSTEM KNOWN AS
, OZARK TRANSIT AUTHORITY
WHEREAS, the Ozark Transit Authority was previously created in 2002 by the
Arkansascounties of Washington, Benton, Madison, and Carroll, and the Arkansas cities of
Springdale,Fayetteville,Rogers, and Bentonville;
WHEREAS,the Board of Directors of Ozark Transit Authority have recommended that
the Interlocal Agreement entered into between the above named governing bodies be amended;
NOW,1 RE, it is agreed that the Interlocal Agreement is amended as follows
(that which is underlined is added;that which is stricken through is deleted):
Section 3: A public transit authority is hereby created to be known as Ozark Transit
Authority.
Section 2: The authority shall consist of the counties of Washington, Benton, Madison,
and Carroll, and the cities of Springdale, Fayetteville, Rogers, and Bentonville. Any other
incorporated city may become a member .
beeemeamemb upon a majority vote of the Board of Ozark Transit Authority.
Section 3: The authority shall be governed by a board of directors gonsisting of one
gppointment from each of the county judges and mayors of the aforesaid counties and cities;-er
awk sem. Terms of each ayoointment shall be for four years after the initial
W„p_ointment to allow fol swger d terms as sit out below;
Positions 1 and 2 will begin on#lee date of appointment and end Mav 31.241 is
Positions 3 and 4 will begin on the date of Mgintiment and end May 31.2012;
Positions 5 and-6 will begin on the date of aVpointment and end MU 31 2013:and
Positions 7 and 8 will begin on the date of appointment and end Mav 31,2014.
The county judgesand mayors willconduct a drawinz to determine the uosi$q for which they
will make appointments with each countyiu�ige and each mayor making one annomtment.
Section 4: No entity which is a part of the authority may be financially or otherwise
obligated except upon specific approval of its governing body.
Section 5: Said authority shall have those powers and authority as set out in Ark.Code
Ann. §14-334-101,et. seq.,commonly refeiied to as the Public Transit System Act.
Section 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 Aur. §14-43-502.
Adele Section 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,the authority's existence shall be perpetual.
APO Section 8: The system shall be financed through grants from the Federal Transit
Authority administered through the Arkansas State Highway Department, through fares and
special subscriptions, through such local monies as appropriated by the participating entities
which are a party hereto,and through private grants.
Section 9: An Maygr or gQIM Judge who has the authority to appoint a board
member under this gWement, shall also have the authority to remove said member without/VrII
cause,and to appoint a replacement for the member to complete the term.
In no other way is the original Interlocal Agreement entered into between the parties
amended or changed, except-as specifically set out herein and the parties hereby approve all the
amendments hereto,and reaffirm and republish all the portions of the original agreement that is
not specificallyamended herein.
Executed this_ day of v , 2010.
ORDINANCE NO.
AN ORDINANCE APPROVING AN AMENDMENT TO THE
INTERLOCAL AGREEMENT PROVIDING FOR
PARTICIPATION OF THE CITY OF FAYETTEVILLE IN THE
OZARK TRANSIT AUTHORITY
WHEREAS, the Ozark Transit Authority was created in 2002 by Washington,
Benton,Carroll and Madison counties and the cities of Fayetteville,Springdale,Rogers and
Bentonville; and
WHEREAS,certain amendments to the interlocal agreement creating the Authority
are needed to increase board continuity, stagger terms of board members, clarify board
make-up, and determine how board members are added.
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
approves the attached Amended Interlocal Agreement of a Public Transit System Known
as Ozark Transit Authority and authorizes the Mayor to sign said agreement.
PASSED and APPROVED this 6th day of July, 2010.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN,Mayor SONDRA E. SMITH,City Clerk/Treasurer
rXFRE
C By
NORTHWEST ARKANSAS JUL 2 7 2010
C CITY OF FAYETTEVILLE
NEWSPAPERS-Lc CITY CLERK'S OFFICE
Northwest Arkansas Democrat Gazette
The Morning News of Springdale
The Morning News of Rogers
Northwest Arkansas Times
Benton County Daily Record
212 North East Avenue, Fayetteville Arkansas 72701/ PO Box 1607, 72702
PHONE: 479-571-6421
AFFIDAVIT OF PUBLICATION
I, Cathy Wiles, do solemnly swear that I am Legal Clerk of the Northwest
Arkansas Newspapers LLC. Printed and published in Washington & Benton
County, (Lowell), Arkansas and that from my own personal knowledge
and reference to the files of said publication, the advertisement of: City
of Fayetteville — Ordinance 5334
July 15, 2010
Publication Charge : $ 51.88
A �
Signed: -------- /(/
Subscribed and sworn to before me
This 2yday of �� 2010.
Notary Public _
My Commission Expires:
Do not pay from Affidavit, an invoice will be sent
=Public
ars
County
ber 12374647
Arkansases Jan.20,2020
ORDIN►NCE NO' 5334 "
AN ORDINANCE APPROVING AN AMENDMENT-T6
t-,JNT�RLON:'0 AGREEMENT PROVIDING FOR T
PARTICIPATION OF THE CI Y OF FAYETTEVILLE
THE OZ,,K a RA]VSIT„AUTHORITY
WHEREAS the Ut
Ozark TransatFjontyyvsa ;created nBxnrrs�s
in 2002 by Washington Benton,Carroll and Madison'`r= -�
counties and the c ties of Fay@tteville Springdale Rogers ar�d BehtonvilJe and x
WHERE4$ certain amendments to the interlocal agree ent creating the Authority are”
d heeded4tb:mcrease.board'continufty stagger terms of poard member"s clan .boardFinake
UID,and determine how board members are added ty
NOW HEREFOi E,BE IT ORDgINED BY THE CITY COUNCfL OF TH��CITY'OF`
FAYETTEVILLE ARKANSAS ,µ
Septiop 1.:That the Clty Council df the City,of Fayettevtlle Arkansasahereby approves the
attach�dArr2entled Interlocal Agreement of a Public Trarfi&it System) no%n as Oiark TransiE
Authority and authorizes the Mayor to sign said agreement
PASSED and APPROV6_D tAs 6th day of July 2010
r
APPROVED p ATTEST.
'B rx
By:
IQt1F}D JORDAN fv7a oT $ONDRA ErSMITH C t lerk/Treasuier '
ty
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