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HomeMy WebLinkAboutA001 - proof of publication, September 22, 1980 LEGAL NOTICE LEGAL NOTICE Proof of Publication in The ORDINANCE NO. 2757 AMES DAILYTRIBUNE AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES,"IOWA, 1980, BY.ENACT- ING A NEW CHAPTER AS CHAPTER 26A;TRANSIT AGENCY FOR THE PURPOSE OF ESTABLISHING AN ADMINISTRATIVE AGENCY OF THE CITY OF AMES To PROVIDE SERVICES IN THE REPEALING ANYRANSIT ORDINANCE OR PARTS OF ODi= STATE OF IOWA, STORY COUNTY, ss. NANCES IN CONFLICT TO THE EXTENT OF SUCH CONFLICT, IF ANY, AND ESTABLISHING AN EF- FECTIVE DATE I, btsdli� caa`l�eij�}tk9try Robert J. BE IT ORDAINED, by the City Council of the City of Ames, Iowa: Jacobsen, on oath depose and say that I am SECTION ONE. The Municipal Code of the City of Ames, Iowa, (MVXW16kK, production foreman of the AMES 1980, s i7 all be and is hereby amended by enacting and adding thereto, for the purpose of establishing an administrative agency of the City of DAILY TRIBUNE, a daily newspaper, printed at Ames to provide transit service in the City, a new chapter as follpws: Ames,Story County,Iowa;that the annexed printed CHAPTER 26A Ordinance r 2.757 TRANSIT AGENCY Sec. 26A.1. AMES TRANSIT AGENCY ESTABLISHED Pursuant to the provisions of Chapter 392, Code of Iowa, 1979, 1 there is hereby established an administrative agency of the City of i was published in said newspaper for Ames, Iowa, entitled the Ames Transit Agency, for the purpose of undertaking the establishment, acquisition, operation, management, con- trol and governance of transit services in and for the City of Ames. consecutive weeks,the first "Sec. 26A.2. MEMBERS, ORGANIZATION. and the last of said publication was on the The Ames Transit Agency shall consist of six (6) members appoint- ed by the City Council and organized as the Ames Transit Agency 1 9th day of September .Board of Trustees. Sec. 26A.3. QUALIFICATIONS, TERMS OF OFFICE, OATHS AND 19 30 BONDS, VACANCIES. (1) The members of the Ames Transit Agency Board of Trustees shall be qualified as follows: (a) One Trustee shall be a member of the Ames City Coun- Sworn to before me and su cri din my presence cil. The term shall be two (2) years. by F f�� R9X eVvPfX F Robert J. (b) One Trustee shall be a Senator of the Iowa State Uni- versity Government of the Student Body (GSB), selected by the GSB Senate. The term shall be one (1) year. this 22nd day Of September (c) One Trustee shall be a Vice-President of Iowa State -- University, to serve an indefinite term. 19 30 (d) One Trustee shall be a GSB representative who is not a GSB Senator, selected by th President of GSB. The � i /� �,h -Notary Public term shall be one (1) year. (e) One Trustee shall be the Ames City Manager. in and for Story County. (f) One Trustee shall be a perso selected by the Mayor of Fees,$ 1 10 g8 Ames. The term shall be two 2) years. (2) All terms shall run from May 15 o the year of appointment. No person shall, by virtue of rea pointment, serve for more than four consecutive years. Sec. 26A.5. GENERAL POWERS AND DUTIES OF THE AGENCY. (3) Each Trustee shall, Within fifteen ( 5),days after appointment The Ames Transit Agency shall have such powers and duties as and before entering upon the duti s of the office, take and are conferred or imposed in express words of this chapter pertaining to subscribe an oath of office in the form prescribed.by Section the establishment, acquisition, operation, management control and gover-, 63.10, 1979 Code of Iowa, and file it in the office of the City nance of transit services in and for the City of Ames. - Clerk for the City of Ames, Iowa. The Ames City Council will provide for a surety bond running to the City and cover- Sec. 26A.6, SPECIFIC DUTIES OF THE AGENCY. ing all city officers, which shall in Jude the said Trustees in accordance with Sections 64.2 and 64.13, Code of Iowa, 1979. (1) The Ames Transit Agency shall design, plan, establish and oversee the implementation of a program of public transit (4) Vacancies shall be filled in the s e manner as original ap- service in the City of Ames; and, fix, establish and maintain pointments are made, in accordance with the same qualifica- such transit service parameters, including.routes, schedules, tions for the position vacant, an for the balance of the fares and facilities as it shall reasonably deem best suited to unexpired term. the needs of the City of Ames and its citizens. .Sec. 26A.4. PROCEDURES OF THE BOARD OF TRUSTEES. (2) Initiate and implement agreements made between the City of Ames and Iowa State.University for support and provision of (1) The following shall be the basic procedures for conduct of the transit services. business of the Ames Transit Ag ncy Board of Trustees: (3) Select an individualfor appointment as an assistant to the (a) Each member of said Board iA attendance at a regular or City Manager, who shall be entitled Director of Transit Ser- specially called meeting will have one vote, and the ma- vices, to serve at the pleasure of the Board of Trustees to jority vote of those Board members present and voting advise and assist the Board in the exercise of its powers and shall decide matters. discharge of'its duties. (b) No business shall be conduc ed in the absence of a (4) Assume operational control of and responsibility for the man- quorum. A quorum shall consist of a majority of the agement and governance of existing city transit services, entire Board, that is, four mem ers. specifically the service called Cy-ride, when directed by reso- , (c) A President and Vice-President of the Board shall be lution of the City Council to do so. elected by a majority vote of the Board to serve for a (5) Abide by all policies and procedures established by the City term of one year. Council with respect to purchasing and procurement of goods and services, and the utilization of the services of the City (d) The Board shall hold at least one meeting during each Personnel Department, Legal Department, and Finance Depart- month of the year on dates and at places which shall be ment, including the divisions of purchasing and equipment determined by the Board. operations. (e) The Board shall comply with the provisions of Chapter 'Sec. 26A.7. FINANCES, BUDGET. 28A Code of Iowa (Iowa Open M etings Law). (2) The Board shall establish such othe procedural"rules for the (1) The Ames Transit Agency shall have exclusive control of the conduct of its business as are tai , reasonable and not in expenditure of all revenues from its operations, of any mon- conflict with +this chapter or the , s of the State of Iowa. - eys obtained under gift to or agreement with the agency, and of any funds allocated or appropriated to the agency by the City Council. (2) All revenues and funds of the Ames Transit Agency shall be deposited with the City Finance Directorand kept by the Finance Director in a separate account apart from other funds of the City. All disbursements of Ames Transit Agency funds shall be on order of the Board of Trustees or its designee and shall be by the City's check drawn on said separate account. (3) The City Council may discontinue the Ames ransit Agency (3) The Finance Director for the City of Ames shall prepare and by adopting a resolution proposing the action, and publishing institute, after consultation with the Board of Trustees, a notice as provided in Section 362.3, Code o Iowa, of the t, system of books, records and accounts best suited to meet resolution and of date, time, and place of a pu lic hearing on the special needs of the Ames Transit Agency. The City the proposal, and may discontinue the agenc3 by ordinance Finance Director shall supervise, monitor and evaluate per- not sooner than thirty days following the hear' g. formance of financial accounting and take such measures as shall be necessary to correct deficiencies. (4) Altering, restructuring or reconstituting the Ames Transit Agency Board of Trustees shall not be deemed a discontin- (4) The Board of Trustees shall, in accord with such schedule uance of the agency. and procedure as may be announced by the City Council, [State Law Ref. Iowa Code Sec.-392.7) prepare for the approval of the City Council a proposed fiscal year budget for the Ames Transit Agency in such form and SECTION TWO. All ordinances or parts of ordinances in conflict detail as the Council shall direct. herewith are ere y repealed to the extent of such co flict, if any. Sec. 26A.8. ESTABLISHMENT OF RATES AND FEES./ SECTION THREE. This ordinance shall be in full force and effect So long as there are no revenue bonds or pledge orders outstand- from and after its passage and publication as required by law. ing which are payable from the revenues of this City enterprise the Passed this 16th day of September 1980. Ames Transit Agency shall establish fees, fares, rates and charges pertaining to transit services order the operation, control management r Gina Bic nese, City Clerk F. Paul Goo lan yor Published in The Ames and governance of the Ames Transit Agency. However, the City Coun- Daily Tribune, Se tember 19,• cil shall at all times retain and have power and authority to establish, - 1980. impose, adjust and provide for the collection of rates and charges when such action is necessary to produce gross revenues aft least sufficient to pay expenses of operation and maintenance and to pay the principal and interest of any bonds or pledge orders issued with respect to the activities of the Agency as they come due. [State Law Ref. Iowa Code Sec. 382.11 Sec. 26A.9. RULE MAKING AUTHORITY. Except as otherwise specifically provided in this chapter, the Ames Transit Agency shall have rule making authority and shall provide all needed rules and regulations for the use, economic conduct, manage- ment, control and government of transit services and facilities under its authority, not contrary to law or inconsistent with the provisions of this chapter; and, including by way of specification but not limitation, rules relating to matters of employment and personnel administration. Rules governing the use by the general public of transit vehicles or facilities shall be made readily available by posting in such vehicles and facilities and by such other means as shall be deemed appropriate. [State Law Ref. Iowa Code Sec. 392.11 Sec. 26A.10. PLEDGING CREDIT OR TAXING POWER PROHIBITED, PROHIBITED ACTS. The Ames Transit Agency shall not pledge or purport to pledge the credit or taxing power of the City. By way of specification and example, but not limitation, the Ames Transit Agency is expressly pro- hibited from: (1) Borrowing or purporting to borrow any money by any means whatsoever. (2) Do or cause the doing of any act appearing or purporting to be an issuance of revenue bonds. (3) Enter into installment contracts which entaila promise to pay sums of money in more than one fiscal year. Sec. 26.A.11. POWER AND AUTHORITY TO MAKE VALID CONTRACTS. Except as otherwise provided or limited in this chapter, the Ames Transit Agency shall have thb power and authority to enter into con- tracts and such contracts shall not be subject to review and approval by the City Council if made and entered into pursuant to the proce- dures and provisions of this chapter; and when so made and entered into, such contracts, to the extent otherwise authorized by law, shall be valid,. enforceable and not voidable by subsequent actions of the City Council even if the Agency or Board of Trustees should be dis- continued; provided, however, that such contracts shall not be valid and enforceable if, at the time of making, they are in conflict with any provision or requirement of this chapter or any previous action taken by the City Council. [State Law Ref. Iowa Code Sec. 392.31 Sec. 26A.12. CONTRACTS FOR WHICH COUNCIL APPROVAL REQUIRED. The following contracts shall not be valid and enforceable unless approved by the City Council: (1) All contracts and agreements for the granting, acquisition or conveyance of any title, interest, right, power, privilege or immunity with respect to real property, including leases, licenses and easements. (2) Any and all installment contracts. (3) Contracts for public improvements, building, demolition or construction work the estimated cost of which is in excess of $25,000.00. [State Law Ref. Iowa Code Sec. 392.31 Sec. 26A.13, JOINT ACTION. Subject to approval by the Council, the Ames Transit Agency may take action jointly with other public or private agencies as provided in Chapter 28E. [State Law Ref. Iowa Code Sec. 392.41 Sec. 26A.14. DISCONTINUANCE, CHANGES. the powers (1) The Ames and duties untilTransit altered or shall h e or discontinued provided herein. (2) The City Council may by ordinance reduce or increase the Ames Transit Agency's powers and duties.