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15907M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 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 •• . r. I G L" 1"4ES APPR Aot, • •• EY • � 00306 o -Al t -�a 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, -1- 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 -2- 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, -3- 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 -4- • 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 -5- • • 298 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