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HomeMy WebLinkAbout6225 RESOLUTION NO 6;225 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS AND PULASKI COUNTY, ARKANSAS PERTAINING TO OWNERSHIP, MANAGEMENT AND OPERATION OF THE PUBLIC MASS TRANSPORTATION SYSTEM IN THE CITY OF LITTLE ROCK AND OTHER AREAS OF PULASKI COUNTY, ARKANSAS; AND FOR OTHER PURPOSES BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, SECTION 1. The attached agreement in form and substance as written between the City of Little Rock, Arkansas and Pulaski County, Arkansas pro- viding for the ownership, management and operation of the public mass transportation facilities and services, in the City of Little Rock and other areas of Pulaski County, Arkansas is hereby approved and the same is incorporated herein by reference the same as though set out herein word for word. The Mayor and City Clerk are hereby authorized, acting for and on behalf of the City of Little. Rock, to execute said Agreement. SECTION 2, This Resolution shall be in full force and effect from and after its adoption. ADOPTED; October 16, 1979 ATTEST; APPROVED; City Clerk Mayor A G R E E M E N T An Agreement between the City of Little Rock, Pulaski County, and Metroplan, as Trustee, a public nonprofit corporation organized pursuant to the laws of the State of Arkansas, and other public bodies operating in Pulaski County, State of Arkansas , to provide public transportation facilities and services in the Metropolitan areas of Little Rock and in other areas of Pulaski County, Arkansas . WHEREAS, the Cities of Little Rock and North Little Rock and Pulaski County, Arkansas, pursuant to a tri-partite agreement dated April 19, 1972 purchased the assets of a public mass transportation system and jointly provided public transportation facilities and services in the Metropolitan area of Little Rock and North Little Rock and other areas of Pulaski County, Arkansas until mid year 1979 , at which time the City of Little Rock and Pulaski County, Arkansas determined and declared that the City of North Little Rock, Arkansas had breached the said agreement and therefore for- feited and henceforth would cease to have rights or voice in the operation, ownership, management and assets of the then existing transit system; and WHEREAS, the City of Little Rock and Pulaski County, Arkansas hereby acknowledge each to the other that they, as governmental entities, own all the assets of whatsoever kind or nature, legal title to which is now in Metroplan, as Trustee, of the public mass transportation system now providing public transportation facilities and services in the City of Little Rock and in other areas of Pulaski County, Arkansas, said owner- ship being vested sixty-six and two-thirds (66 2/3%) percent in the City of Little Rock and thirty-three and one-third (33 1/3%) percent in Pulaski County, Arkansas; and WHEREAS, the City of Little Rock and Pulaski County, Arkansas recog- nize and have determined that public mass transportation is essential in protecting and providing for the general welfare of their territorial jurisdictions and the inhabitants thereof and that such cannot be had except through substantial financial governmental support. NOW THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: W I T N E S S E T H: ARTICLE I - AUTHORIZATION AND PURPOSE Pursuant to the provisions of Act 430 , Acts of Arkansas of Agreement Page 2 1967, the City of Little Rock, Arkansas and Pulaski County, Arkansas, and Metroplan, as Trustee, agree to join cooperatively in an endeavor to maintain and improve public transportation facilities and services in the City of Little Rock, Arkansas and in other areas of Pulaski County, Arkansas . ARTICLE II - POWERS, DUTIES AND FUNCTIONS OF THE PARTIES (A) The City of Little Rock and Pulaski County, Arkansas jointly agree and bind themselves to devote and utilize the present mass trans- portation assets and facilities owned and controlled by them together with such additional assets and facilities as may hereafter be acquired for maintaining and improving mass transportation services in the City of Little Rock and other areas of Pulaski County, Arkansas . (B) Legal title to the present assets of the herein provided for transportation system and to such as may hereafter be acquired by the parties to this Agreement shall be in Metroplan and held in trust for the exclusive purposes and subject to the terms and conditions provided by this Agreement and in no instance shall such become commingled or become a part of other assets , if any, of Metroplan for any purpose whatsoever. (C) It is mutually agreed that all current assets and facilities presently owned by the parties and devoted to public transportation services hereunder is owned sixty-six and two-thirds ( 66 2/3%) percent by the City of Little Rock and thirty-three and one-third (33 1/3%) per- cent by Pulaski County, Arkansas and further agreed that future capital needs deemed necessary in the premises shall be underwritten by and pro- vided for by the following parties to this Agreement in the percentage amounts set opposite each such party with the understanding that owner- ship in such additional assets and facilities shall be apportioned accordingly: City of Little Rock, Arkansas . 66 2/3% Pulaski County, Arkansas . 33 1/3% (D) Metroplan is charged with and assumes responsibility for the management and operation of the public transit system herein created and in such capacity shall be controlled in all undertakings by a Transit Agreement Page 3 Policy Board composed of five (5) members . The City of Little Rock and Pulaski County, Arkansas shall each appoint two (2) members and the fifth member shall be jointly appointed by the City of Little Rock and Pulaski County, Arkansas . Members of the Transit Policy Board shall serve at the will of the entity making the appointment and must be resi- dents and qualified electors within the territorial jurisdiction of the entity making the appointment. At lease one of the member appointments by each the City of Little Rock and Pulaski County, Arkansas shall be an elected public official of and representing that unit of government. The Transit Policy Board shall elect its own Chairman and Vice- chairman who shall serve for one year. The Transit Policy Board shall adopt rules for the conduct of its business , establish a quorum and keep public records of all findings and decisions . It is understood and agreed between the parties that Metroplan will maintain such separate financial and inventory records as the Transit Policy Board may require of the ownership, operation and maintenance of the public transit system; be responsible for the collection and banking of all revenue from whatsoever source received in the operation and manage- ment of said transit system and provide such periodic audit reports as may be required by said Transit Policy Board. (E) It is understood and agreed that Metroplan will contract with a management company, subject to approval of the Transit Policy Board, to operate and manage the public transit system and all properties, facilities and services now or hereafter deemed necessary; that such agreement will require Metroplan, as Trustee, to provide physical property and funds as may from time to time be needed as determined by the Transit Policy Board to provide the public transportation system herein identified and the management company, in turn, to provide the management, supervision and operation requirements in such system and in such undertaking to provide all personnel as may from time to time be required. By said Agreement Metroplan will advance from time to time, based on requests of the management company, such funds as may be necessary to defray the cost of operation of said system of whatsoever nature related thereto, assuming the availability of such funds, subject to approval by the Transit Policy Board. Agreement Page 4 Surplus funds , if any, realized by Metroplan in the operation of said transit system, shall be utilized at the direction and discretion of the Transit Policy Board for the purpose of providing additional and/or maintaining physical assets and property deemed proper to maintain a modern, efficient and adequate public transportation system. (F) The calendar year January 1 through December 31 shall be the fiscal year for the transit system. On or before August 31 of each year, the management company shall submit to the Transit Policy Board, for its approval or disapproval, a proposed budget for the operation of the transit system from January 1 through December 31 of the forthcoming year; provided, however, the budget shall not be finally adopted until it has been referred to and officially approved by Pulaski County and the City of Little Rock. Approval by the two governmental entities shall mean their separate official written commitments to budget and appropriate monies to fund that amount of the said projected budget that exceeds projected revenues generated by the transit system and other funds received or to be received from whatso- ever source. This deficit amount of said budget shall be paid by the two governmental entities from cash contributions by the City of Little Rock in the amount of sixty-six and two-thirds (66 2/3%) percent and by Pulaski County, Arkansas in the amount of thirty-three and one-third • (33 1/3%) percent, all per their respective commitment to appropriate said funds, and shall be payable within the budget year. Metroplan and the management company shall prepare and submit to the Transit Policy Board within sixty (60) days following the end of each fiscal year a complete report on finances for the transit system for the previous fiscal year. If this report reflects that the projected deficit portion of the budget for the previous year was in fact less than the cash contributions made thereto by the two governmental entities parties to this agreement, then the amount of that difference shall be refunded to the said governmental entities in the form of a credit against the ensuing year ' s deficient commitments in the percentage amounts of their • Agreement Page 5 J contributions thereto. (G) It is understood and agreed that Metroplan will from time to time make application to and will receive from the United States of America federal funds in yet undetermined amounts, which together with funds pro- vided by the City of Little Rock and Pulaski County, Arkansas will from time to time be used for capital acquisition and improvements and opera- tional costs as deemed by the Transit Policy Board needed and proper. (H) The term of this Agreement shall be for one year, but shall be deemed renewed from year to year unless the City of Little Rock and Pulaski County, Arkansas , as parties hereto, mutually agree to a cancel- lation not later than sixty (60) days prior to December 31 of each calendar year. Further, this Agreement is cancellable any time upon six (6) months written notice, but only with the mutual consent and agreement of the City of Little Rock and Pulaski County, Arkansas . In the event of cancellation of this Agreement as herein provided, the net assets of the public transportation system then in being, if any, shall be liquidated and the proceeds returned to the contributing parties to this Agreement after all rights of the United States of America have been satisfied, if any, in that percentage which each of said parties made contributions thereto and their respective percentage of ownership as herein set forth. No party to this Agreement shall be entitled to a refund of its contributions, if any, to the capital of the transit system except on cancellation of this Agreement and liquidation of all transit assets. Further, the failure on' the part of any party hereto to pay any deficit operating cost assessments herein provided for within the time set forth herein, shall constitute a breach of this agreement and shall effect a voluntary withdrawal of said party from this agreement following which at the option of the other parties hereto such defaulting party shall cease to have rights or voice in the ownership, operation, management and assets of the transit system. (I) It is understood and agreed that any other public agency, as defined and provided by Act 430 , Acts of Arkansas of 1967, shall from Agreement Page 6 time to time be privileged to join as a party to this Agreement by assuming such responsibilities and obligations that may be determined by the Transit Policy Board and realize such benefits, if any, as may be derived in becoming a party to said Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly authorized officers or agents as provided for by either resolutions or court orders officially and legally adopted and/or decreed in quadruplicate originals on this day of , 1979 . CITY OF LITTLE ROCK, ARKANSAS BY MAYOR ATTEST: City Clerk PULASKI COUNTY, ARKANSAS BY COUNTY JUDGE • 1 4 METROPLAN BY Authorized Officer ATTEST: 4 4 4