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M M
• ORDINANCE NO. 15,9f
AN ORDINANCE TO ADOPT THE SECOND
AMENDMENT TO THE INTERLOGAL
AGREEMENT CHARTERING THE CENTRAL
ARKANSAS TRANSIT AUTHORITY.
292
WHEREAS, in Little Rock, Arkansas, Ordinance No. 15,860
(May 1; 1990), the City adopted an interlocal agreement to
charter the Central Arkansas Transit Authority ( "CATA ") which,
among other things, permitted CATA to apply for grants -in -aid
from the federal government, and
WHEREAS, there is some question that this authority
includes the authority to enter into collective bargaining
agreements that comply with Arkansas law, and
WHEREAS, an amendment has been proposed that clarifies the
City's intent to grant CATA this authority to the extent that
the City has such authority under Arkansas law for public
transit corporations, and
WHEREAS, the Attorney General has approved the previous
interlocal agreement which alluded to the exercise of such
authority by CATA,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF
THE CITY OF LITTLE ROCK, ARKANSAS:
SECTION 1. The Mayor is authorized to execute the Second
Amendment to the Interlocal Agreement Charter of the Central
Arkansas Transit Authority in substantially the same form as
that attached as Exhibit A to this ordinance;
SECTION 2. This Ordinance will become fully effective after
the second amendment to the agreement has been formally approved
by the Attorney General of the State of Arkansas.
PASSED: July 17, 1990
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I G L" 1"4ES APPR Aot, • •• EY
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00306
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293
I
SECOND AMENDMENT TO
INTERLOCAL AGREEMENT
CHARTERING THE
CENTRAL ARKANSAS TRANSIT AUTHORITY
This SECOND AMENDMENT TO INTERLOCAL AGREEMENT CHARTERING THE
CENTRAL ARKANSAS TRANSIT AUTHORITY is made and entered into by and
among the City of Little Rock, Arkansas, the City of North Little
Rock, Arkansas, the County of Pulaski, Arkansas, the City of
Maumelle, Arkansas, the City of Sherwood, Arkansas, and the City of
Cammack Village, Arkansas, all of the above mentioned cities and
county being hereinafter collectively referred to as the "Parties ".
WHEREAS, pursuant to Act 424 of 1981 (previously codified as Ark.
Stat. Ann. §20 -2201, et. seq. and now codified as Ark. Code Ann.
§14- 334 -101, et. seq.), the Parties hereto and the City of
Jacksonville, Arkansas, acting by and through proper resolution and
authorization of the respective governing bodies, did make and enter
into an Interlocal Agreement Creating and Chartering the Central
Arkansas Transit Authority (hereinafter referred to as the
"Chartering Agreement "), dated July 14, 1986, wherein the Central
Arkansas Transit Authority was created and chartered as an Arkansas
public transit corporation, perpetual in its existence and empowered
according to the terms of the Chartering Agreement and the provisions
of Act 424 of 1981; and,
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M = = = = = = M
SECOND AMENDMENT
0
WHEREAS, the Central Arkansas Transit Authority (hereinafter
referred to as "CATA ") has from and since the date of its creation
and chartering aforesaid taken title to and ownership and possession
of all of the rolling stock, buses, vehicles, tools, equipment and
other tangible and intangible property previously held by Metroplan,
as Trustee, and has provided mass transportation services to the
general public in the Pulaski County, Arkansas area; and,
WHEREAS, the Chartering Agreement has been extended from time to
time by agreement of the Parties and has been amended by the Parties
by way of a First Amendment to Interlocal Agreement Chartering the
Central Arkansas Transit Authority; and,
WHEREAS, the Chartering Agreement, as amended, and A.C.A.
§14- 334 -108 provide in part that CATA is empowered to apply for,
receive and use grants -in -aid from the federal government and the
departments, agencies and authorities thereof; and,
WHEREAS, CATA, as a public corporation, has previously applied
for, received and used federal grants -in -aid for both capital and
operating purposes; and,
WHEREAS, CATA has presently pending before the Urban Mass
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294
• � 295
SECOND AMENDMENT
Transportation Administration various applications for grants -in -aid
and it is anticipated that CATA will make such applications in the
future; and,
WHEREAS, Section 13(c) of the Urban Mass Transportation Act of
1964, as amended from time to time (the "Act ") requires, as a
condition to eligibility to receive federal assistance, that an
applicant for such federal assistance provide and agree to suitable,
fair and equitable arrangements to protect the interest of employees
affected by such federal assistance, specifically with regard to the
preservation of rights, privileges and benefits under any existing
collective bargaining agreements and the continuation of the right to
bargain collectively so long as federal assistance is sought or used;
and,
WHEREAS, the Parties hereto desire to amend the Chartering
Agreement to delegate to CATA the powers enumerated in A.C.A.
§14 -14 -1102 (b) (7) and A.C.A. §14 -54 -108) to apply for, receive and
use federal grants -in -aid and make and enter into contracts and
agreements pertinent thereto, consistent with restrictions, if any,
placed thereon by the federal government.
NOW, THEREFORE,
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SECOND AMENDMENT
. • 296
WITNESSETH:
That for and in consideration of the mutual benefits derived by
the Parties hereto, the Parties hereto covenant and agree as follows:
Section 1. Article I, Section 1.02 (g) of the Chartering
Agreement is hereby amended by substituting therefor the following
I
language:
"(i) to exercise under delegation by the Parties hereto
the powers enumerated in A.C.A. §14 -14 -1102 (b) (7) and A.
C. A. §14 -54 -108; and,
(ii) to apply for, receive, use and accept appropriated
funds, donations, contributions, assistance, gifts and
grants -in -aid in the form of funds or otherwise from any
source or sources, including but not limited to the federal
government, the State of Arkansas, the Arkansas Highway and
Transportation Department or any agency, department or
authority of the federal government, State of Arkansas or
Arkansas Highway and Transportation Department or successor
thereof; and,
(iii) to utilize these funds to exercise and execute
the powers and perform the duties provided for herein and
Act 424 of 1981 of the State of Arkansas, which said powers
and duties have been declared to be and are public and
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• 297
SECOND AMENDMENT
governmental functions exercised for a public purpose and
matters of public necessity, but consistent with
restrictions, if any, placed thereon by the federal
government, the State of Arkansas, the Arkansas Highway and
Transportation Department or any agency, department or
authority of the federal government, State of Arkansas or
Arkansas Highway and Transportation Department or successor
thereof; and,
(iv) to contract with the federal government, the State
of Arkansas, the Arkansas Highway and Transportation
Department or any department, agency, authority of the
federal government, State of Arkansas or the Arkansas
Highway and Transportation Department or successor thereof
for the purpose of accepting, receiving and using
assistance, gifts, donations, contributions and
grants -in -aid in the form of funds or otherwise, upon such
terms and conditions as may be agreed upon."
Section 2. The Parties hereto, in furtherance of the purposes and
premises of this Agreement, confirm and acknowledge that the recitals
first above mentioned are true and correct and confirm, approve and
ratify all acts and actions heretofore taken by the Board of
Directors of CATA from and since the date of CATA's creation and
chartering as having been done and taken with the full authorization
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SECOND AMENDMENT
and approval of the Parties hereto.
Section 3. All terms and provisions of the Chartering Agreement,
as previously amended, shall be and remain in full force and effect,
save and except to the extent same are specifically amended or
modified hereby.
WHEREUPON, the below listed parties set their hands and seals on
this day of 19
MAYOR, LITTLE ROCK MAYOR, NORTH LITTLE ROCK
BY THE AUTHORITY OF BY THE AUTHORITY OF
RESOLUTION NO. RESOLUTION NO.
COUNTY JUDGE, PULASKI COUNTY MAYOR, CAMMACK VILLAGE
BY THE AUTHORITY OF BY THE AUTHORITY OF
RESOLUTION NO. RESOLUTION NO.
MAYOR, SHERWOOD
BY THE AUTHORITY OF
RESOLUTION NO.
0198A
MAYOR, MAUMELLE
BY THE AUTHORITY OF
RESOLUTION NO.
S-L