HomeMy WebLinkAbout158601
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183
NO. 15,860
AN ORDINANCE TO APPROVE THE FIRST AMENDMENT TO
THE INTERLOCAL AGREEMENT TO CHARTER THE CENTRAL
ARKANSAS TRANSIT AUTHORITY (°CATA ®); TO GRANT
CATA A FRANCHISE TO USE THE STREETS OF THE CITY
OF LITTLE ROCK; AND FOR OTHER PURPOSES.
WHEREAS, the City of Little Rock, by Resolution 7567, entered
into an interlocal agreement for the formation of CATA; and
WHEREAS, that agreement will expire pursuant to its own terms
and the extensions previously granted by the various entities, in
May, 1990, and
WHEREAS, in adopting amendments to the initial agreement the
cities have concluded that it is appropriate to also formally
grant CATA a franchise to use the streets of the City of Little
Rock for public transportation, and there is some statutory
authority for concluding that public transportation is a public
utility,
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 First
Amendment to the Interlocal Agreement Charter of the Central
Arkansas Transit Authority in substantially the same form as that
attached in Exhibit A to this Ordinance;
SECTION 2. CATA is hereby granted a franchise to use the
streets of the City of Little Rock for the purpose of providing
public transportation service to persons within the City of Little
Rock, and persons entering or exiting the City of Little Rock via
CATA bus routes and bus service.
SECTION 3. This Ordinance will not become fully effective
until the amendments to the agreement have been formally approved
by the Attorney General of the State of Arkansas, and until the
public inspection period for public utility franchises of one week
from the date of passage of this ordinance has expired.
PASSED: May 1, 1990 .
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1 ATTEST: APPROVED:
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•:_
APPROVED TO
MARK STODOIA, CITY ATTORNEY
91133
v.I
•• /•'•
. . EXHIBIT A
• FIRST AMENDMENT TO
INTERLOCAL AGREEMENT
CHARTERING THE
CENTRAL ARKANSAS TRANSIT AUTHORITY
This FIRST 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, 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. seg.), 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 26, 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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FIRST AMENDMENT
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 City of Jacksonville, Arkansas, voluntarily and by
agreement of the Board of Directors of the CATA, did terminate its
participation in and contractual obligations under the Chartering
• Agreement on February 20, 1987 and no longer has any interest or
rights in CATA; and,
WHEREAS, the Parties hereto desire to amend and restate the terms
and provision of the Chartering Agreement.
NOW, THEREFORE,
WITNESSETH:
That for and in consideration of the mutual benefits derived by
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FIRST AMENDMENT 1 8 7
0 the Parties hereto, the Parties hereto covenant and agree as follows:
Section 1. Article I, Section 1.03 of the Chartering Agreement,
entitled "Membership ", is hereby amended by adding the following
language thereto:
"The current membership of the Board of Directors of
CATA is hereby increased such that the Board of Directors of
CATA shall hereafter be composed of a total of thirteen (13)
members, at least one of whom shall be a citizen
representative who holds no public office. The two (2) new
members of the Board of Directors of CATA and the one (1)
• member of the Board of Directors of CATA previously selected
by the City of Jacksonville shall be selected as follows:
(a) The two (2) new members of the Board of Directors
of CATA shall be selected by the Board of Directors of
the City of Little Rock, Arkansas to serve in that
capacity for the term hereinafter set forth;
(b) The one (1) member of the Board of Directors
previously selected by the City of Jacksonville,
Arkansas shall now be selected by the Mayor of the
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FIRST AMENDMENT
• City of North Little Rock, Arkansas to serve in that
capacity for the term hereinafter set forth,
After the three (3) members of the Board of Directors
of CATA are selected as set forth above, then the thirteen
(13) members of the Board of Directors shall hereafter be
selected as each respective board member's term of office
expires as follows:
(a) The Board of Directors of the City of Little Rock,
Arkansas shall select a total of five (5) members of
the Board of Directors;
i
(b) The Mayor of the City of North Little Rock,
Arkansas shall select a total of three (3) members of
the Board of Directors;
(c) The County Judge of the County of Pulaski,
Arkansas shall select a total of two (Z) members of
the Board of Directors;
(d) The Mayor of the City of Cammack shall select a
total of one (1) member of the Board of Directors;
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FIRST AMENDMENT 18 9
(e) The Mayor of the City of Sherwood shall select a
total of one (1) member of the Board of Directors;
(f) The Board of Directors of the City of Maumelle,
Arkansas shall select a total of one (1) member of the
Board of Directors."
Section 2. Article I, Section 1.04 (d) of the Chartering
Agreement is hereby amended by substituting the following language
therefor:
• "1.04 (d) The two new members of the Board of Directors to
be selected by the City of Little Rock, Arkansas and the one
member previously selected by the City of Jacksonville,
Arkansas, now to be selected by the City of North Little
Rock, Arkansas shall upon such selection serve for an
initial term of three (3) years and thereafter each such
member's successor shall serve for a term of four (4) years.
Section 3. Article I, Section 1.04 (e) of the Chartering
Agreement is hereby amended by substituting the following language
therefor:
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•
•
FIRST AMENDMENT
"1.04 (e) Upon the expiration of the term of office of each
member of the Board of Directors or upon the resignation,
death or disqualification of any member of the Board of
Directors, the Secretary of CATA shall promptly notify the
governmental entity whose board member's term of has expired
or whose board member has resigned, died or become
disqualified, and request that the County Judge, City Board
of Directors or Mayor of the applicable governmental entity
promptly select and appoint a successor to said board
member."
• Section 4. Article I, Section 1.04 of the Chartering Agreement is
hereby amended by adding the following language thereto:
"1.04 (f) Members of the Board of Directors, unless they
resign, die or become disqualified, shall continue to serve
on the Board as voting members until a successor has been
selected and appointed by the County Judge, City Board of
Directors or Mayor of the applicable governmental entity."
Section 5. Article I, Section 1.07 of the Chartering Agreement,
entitled "Qualifications ", is hereby amended by substituting the
following language therefor:
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FIRST AMENDMENT
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"1.07 Oualifications.
A member of the Board shall be qualified if that member is
an elector within the jurisdictional boundaries of CATA. A member
does not have to be a bona fide resident of the governmental entity
the member is selected to represent unless such a requirement is
imposed by statute, ordinance, resolution, or custom, policy or
practice of that governmental entity. No member of the Board shall
hold any elected public office."
Section 6. Article II of the Chartering Agreement is hereby
amended by adding the following language thereto:
112.04 Grant of Franchise. All governmental entitles entering
into this agreement do hereby grant a franchise to CATA, at
no cost, to use the streets and rights of way of the
respective governmental entity for the purpose of providing
public transportation services to the public. This
franchise shall remain in full force and effect as long as
CATA continues in existence, regardless of whether a
particular governmental entity continues to participate
financially, or otherwise, in the operation of CATA, or
appoints members to serve on the CATA Board of Directors."
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•
FIRST AMENDMENT
Section 7. Article III, Section 3.01 of the Chartering Agreement
is hereby amended by substituting the following language therefor:
"3.01 Term. This agreement shall be effective from the date
that the Mayor, City Manager or County Judge of the
participating governmental entities execute this agreement,
and shall continue in full force and effect until the
agreement is terminated as set forth below."
Section 8. Article III, Section 3.02 of the Chartering Agreement
is hereby amended by substituting the following language therefor:
•
"3.02 Termination of the Agreement.
(a) This agreement is voluntarily terminated when
two- thirds (2/3) of the participating members of the Board,
in accordance with the proper resolution or instruction from
the participating governmental entities, vote to terminate
the agreement.
(b) This agreement is involuntarily terminated when:
(i) As a result of a change in legislation,
constitutional amendment, or decision from a court of last
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FIRST AMENDMENT
• resort it is determined that the participating governmental
entities no longer possess the authority to participate in
such agreements; or
(ii) An action is filed by the Board seeking
protection in the bankruptcy courts of the United States."
Section 9. Article III, Section 3.03 of the Chartering Agreement
is hereby amended by substituting the following language therefor:
"3.03 Individual Withdrawal from the Agreement.
Any participating governmental entity may withdraw from
participation in the agreement upon the passage of an
• ordinance by the governing body of the entity. Any entity
exercising its right to an individual withdrawal from the
agreement forfeits any claim to share in the assets of CATA
upon dissolution, and further forfeits any right to the
creation, termination, continuation or alteration of any
particular route within its corporate boundaries."
Section 10. Article V, Section 5.01(a) of the Chartering
Agreement is hereby amended by substituting the following language
therefor:
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ice... �. � .. .. .. .. .. .. � � .. .. ..'
FIRST AMENDMENT 194
•
Section 11. 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, that the
appointment of all members of the Board of Directors heretofore made
be and hereby are confirmed and ratified as having been properly and
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115.01 Remedies.
(a) Failure of a governmental entity to pay its
proportionate appropriation within thirty (30) days of the
date it is due:
(i) may, upon the majority vote of the Board of
Directors, result in a loss of bus service, or in a
proportionate cancellation of any bus routes operated within
the defaulting entities jurisdiction as established by the
Board of Directors; and,
(ii) upon the affirmative vote of a 2 /3rds majority of
the Board of Directors, shall immediately forfeit all of its
members on the Board, thereafter the total membership of the
•
Board of Directors shall be deceased by the number of Board
members entitled to be selected by the defaulting
governmental entity and shall remain so decreased in number
unless and until the defaulting entity is reinstated
pursuant to Section 5.01 (b)."
Section 11. 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, that the
appointment of all members of the Board of Directors heretofore made
be and hereby are confirmed and ratified as having been properly and
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FIRST AMENDMENT
• lawfull made 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 and approval of each governmental entity.
•
Section 12. All terms and provisions of the Chartering Agreement
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 14
MAYOR, LITTLE ROCK
BY THE AUTHORITY OF
RESOLUTION NO.
COUNTY JUDGE, PULASKI COUNTY
BY THE AUTHORITY OF
RESOLUTION NO. _
MAYOR, NORTH LITTLE ROCK
BY THE AUTHORITY OF
RESOLUTION NO.
MAYOR, CAMMACK VILLAGE
BY THE AUTHORITY OF
RESOLUTION NO.
MAYOR, SHERWOOD MAYOR, MAUMELLE
BY THE AUTHORITY OF BY THE AUTHORITY OF
RESOLUTION NO. RESOLUTION NO. _
0198A/033090
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