HomeMy WebLinkAbout~Master - Establishing a Transit Agency ORDINANCE NO. 2757
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 TRANSIT SERVICES IN THE CITY;
REPEALING ANY ORDINANCE OR PARTS OF ORDI-
NANCES IN CONFLICT TO THE EXTENT OF SUCH
CONFLICT, IF ANY, AND ESTABLISHING AN EF-
FECTIVE DATE
BE IT ORDAINED, by the City Council of the City of Ames, Iowa:
SECTION ONE. The Municipal Code of the City of Ames, Iowa,
1980, shall be and is hereby amended by enacting and adding thereto,
for the purpose of establishing an administrative agency of the City of
Ames to provide transit service in the City, a new chapter as follows:
CHAPTER 26A
TRANSIT AGENCY
Sec. 26A.1. AMES TRANSIT AGENCY ESTABLISHED
Pursuant to the provisions of Chapter 392, Code of Iowa, 1979,
there is hereby established an administrative agency of the City of
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.
Sec. 26A.2. MEMBERS, ORGANIZATION.
The Ames Transit Agency shall consist of six (6) members appoint-
ed by the City Council and organized as the Ames Transit Agency
Board of Trustees.
Sec. 26A.3. QUALIFICATIONS, TERMS OF OFFICE, OATHS AND
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-
cil. The term shall be two (2) years.
(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.
(c) One Trustee shall be a Vice-President of Iowa State
University, to serve an indefinite term.
(d) One Trustee shall be a GSB representative who is not a
GSB Senator, selected by the President of GSB. The
term shall be one (1) year.
(e) One Trustee shall be the Ames City Manager.
(f) One Trustee shall be a person selected by the Mayor of
Ames. The term shall be two (2) years.
(2) All terms shall run from May 15 of the year of appointment.
No person shall, by virtue of reappointment, serve for more
than four consecutive years.
(3) Each Trustee shall, within fifteen (15) days after appointment
and before entering upon the duties of the office, take and
subscribe an oath of office in the form prescribed by Section
63.10, 1979 Code of Iowa, and file it in the office of the City
Clerk for the City of Ames, Iowa. The Ames City Council
will provide for a surety bond running to the City and cover-
ing all city officers, which shall include the said Trustees in
accordance with Sections 64.2 and 64.13, Code of Iowa, 1979.
(4) Vacancies shall be filled in the same manner as original ap-
pointments are made, in accordance with the same qualifica-
tions for the position vacant, and for the balance of the
unexpired term.
Sec. 26A.4. PROCEDURES OF THE BOARD OF TRUSTEES.
(1) The following shall be the basic procedures for conduct of the
business of the Ames Transit Agency Board of Trustees:
(a) Each member of said Board in attendance at a regular or
specially called meeting will have one vote, and the ma-
jority vote of those Board members present and voting
shall decide matters.
(b) No business shall be conducted in the absence of a
quorum. A quorum shall consist of a majority of the
entire Board, that is, four members.
(c) A President and Vice-President of the Board shall be
elected by a majority vote of the Board to serve for a
term of one year.
(d) The Board shall hold at least one meeting during each
month of the year on dates and at places which shall be
determined by the Board.
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(e) The Board shall comply with the provisions of Chapter
28A Code of Iowa (Iowa Open Meetings Law).
(2) The Board shall establish such other procedural rules for the
conduct of its business as are fair, reasonable and not in
conflict with this chapter or the laws of the State of Iowa.
Sec. 26A.5. GENERAL POWERS AND DUTIES OF THE AGENCY.
The Ames Transit Agency shall have such powers and duties as
are conferred or imposed in express words of this chapter pertaining to
the establishment, acquisition, operation, management control and gover-
nance of transit services in and for the City of Ames.
Sec. 26A.6. SPECIFIC DUTIES OF THE AGENCY.
(1) The Ames Transit Agency shall design, plan, establish and
oversee the implementation of a program of public transit
service in the City of Ames; and, fix, establish and maintain
such transit service parameters, including routes, schedules,
fares and facilities as it shall reasonably deem best suited to
the needs of the City of Ames and its citizens.
(2) Initiate and implement agreements made between the City of
Ames and Iowa State University for support and provision of
transit services.
(3) Select an individual for appointment as an assistant to the
City Manager, who shall be entitled Director of Transit Ser-
vices, to serve at the pleasure of the Board of Trustees to
advise and assist the Board in the exercise of its powers and
discharge of its duties.
(4) Assume operational control of and responsibility for the man-
agement and governance of existing city transit services,
specifically the service called Cy-ride, when directed by reso-
lution of the City Council to do so.
(5) Abide by all policies and procedures established by the City
Council with respect to purchasing and procurement of goods
and services, and the utilization of the services of the City
Personnel Department, Legal Department, and Finance Depart-
ment, including the divisions of purchasing and equipment
operations.
Sec. 26A.7. FINANCES, BUDGET.
(1) The Ames Transit Agency shall have exclusive control of the
expenditure of all revenues from its operations, of any mon-
eys obtained under gift to or agreement with the agency, and
of any funds allocated or appropriated to the agency by the
City Council.
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(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 Finance Director for the City of Ames shall prepare and
institute, after consultation with the Board of Trustees, a
system of books, records and accounts best suited to meet
the special needs of the Ames Transit Agency. The City
Finance Director shall supervise, monitor and evaluate per-
formance of financial accounting and take such measures as
shall be necessary to correct deficiencies.
(4) The Board of Trustees shall, in accord with such schedule
and procedure as may be announced by the City Council,
prepare for the approval of the City Council a proposed fiscal
year budget for the Ames Transit Agency in such form and
detail as the Council shall direct.
Sec. 26A.8. ESTABLISHMENT OF RATES AND FEES.
So long as there are no revenue bonds or pledge orders outstand-
ing which are payable from the revenues of- this City enterprise the
Ames Transit Agency shall establish fees, fares, rates and charges
pertaining to transit services under the operation, control management
and governance of the Ames Transit Agency. However, the City Coun-
cil shall at all times retain and have power and authority to establish,
impose, adjust and provide for the collection of rates and charges when
such action is necessary to produce gross revenues at 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. 1]
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. 1]
Sec. 26A.10. PLEDGING CREDIT OR TAMING POWER PROHIBITED,
PROHIBITED ACTS.
The Ames Transit Agency shall not pledge or purport to pledge
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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 entail a 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 the 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. 392.3]
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. 392.3]
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. 392.4]
Sec. 26A.14. DISCONTINUANCE, CHANGES.
(1) The Ames Transit Agency shall continue with the same powers
and duties until altered or discontinued as provided herein.
(2) The City Council may by ordinance reduce or increase the
Ames Transit Agency's powers and duties.
(3) The City Council may discontinue the Ames Transit Agency
by adopting a resolution proposing the action, and publishing
notice as provided in Section 362.3, Code of Iowa, of the
resolution and of date, time, and place of a public hearing on
the proposal, and may discontinue the agency by ordinance
not sooner than thirty days following the hearing.
(4) Altering, restructuring or reconstituting the Ames Transit
Agency Board of Trustees shall not be deemed a discontin-
uance of the agency.
[State Law Ref. Iowa Code Sec. 392.7]
SECTION TWO. All ordinances or parts of ordinances in conflict
herewith are hereby repealed to the extent of such conflict, if any.
SECTION THREE. This ordinance shall be in full force and effect
from and after its passage and publication as required by law.
Passed this 16th day of September 1980.
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Gina Bicknese, City Clerk "F4. aul