Loading...
HomeMy WebLinkAbout80-1-1844485 ORDINANCE NO. 80-1-1844 AN ORDINANCE CREATING CHAPTER 30-21 OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, ESTABLISHING A TRANSIT AUTHORITY FOR THE CITY OF PADUCAH, SETTING FORTH TERMS AND QUALIFICATIONS OF MEMBERSHIP OF THE TRANSIT AUTHORITY BOARD AND ESTABLISHING AUTHORITY AND OBLIGATIONS OF SAID BOARD WHEREAS, the Board of Commissioners of the City of Paducah finds there is a need in the City of Paducah for a Mass Transit System, and WHEREAS, the Board further finds that private industry is unable, at this time, to reasonably supply the need for mass transit to the citizens of the City of Paducah, and WHEREAS, Kentucky Revised Statutes, Chapter 96A, authorizes cities of the second class to establish mass transit authorities, and WHEREAS, the Board of Commissioners finds that a transit authority is the most feasible way of supplying mass transportation to the citizens of the City of Paducah. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. Definitions. As used in this Chapter, unless the contex otherwise requires, the following words or terms shall mean as follows: (1) "Authority" or "Transit Authority" means the Transit Authority . created by this chapter. (2) "Board" means the Board of the Authority. (3) "Chairman". means chairman of the Board. (4) ."City" means, City of Paducah, Kentucky. (5) "Commis.sioners" means the Board of Commissioners :of the City of Paducah, Kentucky. (6) "Mass Transit" or "Mass Transportation" means the local transportation of persons and their baggage within a transportation area, but shall not include chartered bus operations beyond the transit area, the for -hire operation of a taxicab, airport_ limousine, or industrial bus as defined by KRS Chapter 281. (7) "Mayor" means the Mayor of the City of Paducah, Kentucky. (8) "Transit Area" or "Area" means the geographical area which may be encompassed from time to, time within the lawful boundaries of the City. SECTION 2. Establishment and Compensation of Mass Transit Authority. There is hereby created an Authority to be styled "Transit Authority of the City of Paducah" which shall be a political subdivision and a public body corporate with power to contract and be contracted with, to sue and to be stied, to establish, alter and enforce rules and regulations in furtherance of the purpose of it's creation, 486 to adopt, use and alter a corporate seal, and to have and exercise generally all the powers of private corporations, as enumerated in KRS 271A.020, except to the extent the same may be inconsistent with KRS 96A.010, etc. The Authority shall be authorized to promote and develop mass transportation within the City of Paducah., including establishment, operation and extension of a mass transit system and the Authority shall have and may exercise such power as may be necessary or desirable to carry out such purpose. Should said Authority, in it's sole judgment, desire, and subject to proof of public convenience and necessity as required by KRS Chapter 281 it may provide ser- vice outside of the City of Paducah. SECTION 3. Time when Existence Begins. The Transit Authority shall become a corporate entity upon the effective date of this ordinance. SECTION 4. Managing Board. The business, activities and affairs of the Authority shall be managed, con- trolled and conducted by a Board consisting of eight (8) members which shall be appointed by the Mayor, subject to approval by the, Commissioners. No officer_ or employee of the City shall be eligible for appointment to the Board. SECTION 5. Terms of Members. Initially, the Board shall be appointed so that two members shall serve for a term of one year, two members for a term of two years, two members for a term of three years, and two members for a term of four years; such terms are to expire, in each instance, on June 30, and thereafter until a successor is appointed and accepts appointment. Upon expiration of these initial staggered terms, successors shall be appointed by the Mayor, subject to approval of the Commissioners, for terms of four years, and until successors are appointed and accept their appointments. Members of the Board shall be eligible for reappointment. SECTION 0: Removal of ,Board Members . Any member of the Board may be removed_ by the Commissioners for in- efficiency, neglect of duty, malfeasance, conflict of interest, or. want of mental or physical capacity to serve. SECTION 7'. Proceedings for Removal of Board Member. The Mayor shall submit to the Board a written statement setting forth the reasons for removal of a member of the Board. Notice shall be given to the member named in such statement; a hearing, if requested, shall be conducted within thirty (30) days before the Board who are not subject to such removal proceedings; a record of the hearing shall be made by the secretary -treasurer of the Board; and the member named in such removal notice may appeal any adverse decision, within ten 487 (10) days after the rendering thereof, to the Circuit Court of McCracken County, such appeal to be perfected by filing with the Clerk of said Court and with the secretary - treasurer of the Board. The Court., upon application of the member removed, may in its discretion, order that the original record of the proceedings -be filed with the clerk as the basis for such appeal. There shall be right of appeal from the McCracken Circuit Court to the Court of Appeals. SECTION 8. Compensation. The members of the Board shall be allowed reasonable expenses necessarily incurred by them in the conduct of the affairs of the Authority. Otherwise, the members of the Board shall serve without compensation. SECTI"ON 9. Fiscal Year. The Authority shall operate for an initial fiscal period ending June 30, 1980 and shall` thereafter operate on a fiscal year basis beginning each July l . and ending the next ensuing :June -30. -SECTION 10. Board Meetings Regular- meetings of the Board- shall be held at least once in each calendar month; at such time and place - as.:may be fixed by. the Board as a matter of record. Special meetings of: the . Board may be called by the. Chairman 'or any two members of the Board upon -oral- or written -notice to all members . at least forty-eight (48) hours in advance. Each -,notice of : a :special -meetingshall state the ; time, place : and purpose or purposes thereof. Notice may . be - waived by any member, in writing, before or after such special meeting; and the presence. of any member at any such special meeting shall constitute a waiver of any -defect of notice, unless such member shall cause it to appear of record that - his attendance° is only for the - purpose of obj ecting to any deficiency -in the- notice. _ SECTION, 1.1: Quorum A majority of the members of the Board shall constitute a `quorum for the transaction ,,of business_;:.Tbut a smaller number may adjourn from time' to time, and may compell the attandance. of -absent members- in :such- manner- and under .such penalties as the Authority may; previously- have provided for-, according to it's by-laws. The affirmative vote of,a majority: of a -q xorum shall.,- be necessary for, the adoption of -.any motion, measure or resolution Passage of any : motion; measure -or resolution may be by voice vote -provided:.- (a) At -the request--of-Any member -the : yea and nay votes shall be recorded upon call of the Roll, and (b) Such record shall be made in all proceedings involving any adjustment of rates and: charges for use of .the service and facilities of the mass transportation system of the Authority, authorization of proceedings to acquirer -property through exercise'of:the power of'eminent domain, the issuance of revenue bonds or mortgage bonds of the authority, 488 a request that the general obligation bonds be issued by the City for the benefit of the Authority, or approval and authorization of any lease agreement wherein the Authority is the Lessor and a public body or public bodies (or any combination thereof) , may be the Lessee or Lessees as provided in this ordinance. SECTION 12; Board `Officers, Director and Employees. (1) The Board shall within sixty (60) days after the appointment of its initial membership, and thereafter in July of each year, elect from it'smembers a chairman and a vice chairman: It may, in it's discretion, employ an executive 'director and a secretary - treasurer, neither of whom shall be a member of the Board. The. Board may, in it's discretion, employ necessary legal counsel: and otheragents and employees to carry out it's work and functions, and may from time to time, prescribe and alter sixth rules and regulations -as it may deem necessary. (2) The executive director shall be the chief executive officer of the Authority, having such power and duties as the Board may. prescribe. (3) The secretary -treasurer shall keep the minutes . of all meetings of the Board, and shall also keep a set of books showing the receipts and expenditures of the Board. He shall preserve on file duplicate vouchers for all expenditures and shall present to the Board; upon request, complete reports of all financial transactions and the financial' condition -of- the Board. He -shall transmit; at least once annually, a detailed report of all acts and doing of the . Board to. the Commissioners. He shall' cause all monies of the Authority coming into his hands to be deposited in one or more financial institutions, as designated from time to. time by the Board. (4) . The Board shall fix the salaries, wages and other compensation ''Of! officers, agents And employees whom it may engage from time to: time. Such salaries, wages and other compensation shall constitute obligations of the Authority only, and shall be pay- able from the Authority's revenues and any other available sources, and shall not con- stitute an obligation off ; the-- City . SECTION :13 . Bond of _Executive Director and Secretary -Treasurer .. The -Board shall require: it's executive 'director and it':s : secretary - treasurer, if and when such executive director shall : be employed, to' execute -bond in favor of the Authority, in. such ,respective penal sums as the Board may fix, in favor of the Authority, and conditioned upon faithful_ performance of the duties of such offices and full accounting to the Authority. Each such bond shall be with corporate surety; pro- vided by a`corporate surety company qualified- to transact business in Kentucky and approved, in each instance, by the Board. The Board may, in like manner require similar bonds,: with corporate surety, to be given by other officers,. agents and employees .in such manner and- in slzch- penal sums, as it may specify from time to time, premiums payable to sureties upon such bonds shall be paid by the Authority 489 and may be chargeable as an operating expense of the Authority. SECTION 14. Authority to Accept Grants. The Authority may accept grants, gifts, or loans of money or other property from the United States, the Commonwealth of Kentucky, or any person or entity for such purpose, may enter into any agreement required in connection therewith, may comply with any federal or state laws or regulations applicable thereto, and may hold, use and dispose of such money or property in accordance with the terms of the gift, grant, loan or agreement relating thereto. SECTION 15. Management Contracts. The Authority may operate any mass transit system which it establishes; or instead of operating the same in it's own name, the Authority may enter into one or more management contracts for operating the same or any part hereof, under such terms and conditions as it may determine to be proper and desirable; provided, however, any such management contract shall retain in the Authority the power to establish and adjust from time to time, rates and charges to be exacted from the public for use of services and facilities referred to therein, and the power to issue revenue bonds, mortgage bonds thereof. SECTION. 16. Responsibility for Planning - Coordination. The Authority ,shall be responsible for overall planning of mass transit in the City. The Authority must consult, cooperate and coordinate with any other state, local or federal planning agency or department, having responsibilities and/or authority in the same transit area according to federal and state laws. The ultimate goal of such planning shall be of improvement of mass transit service. In carrying out its purpose, the Authority shall consider its highways, road and street distance on federal, state and local levels. SECTION 17. Permissible types of Financing. For the purpose of acquiring or otherwise establishing one or more transit systems, or parts thereof, or for the purpose of adding to, extending or improving one or more mass transportation systems owned or to be acquired or established or for any combination of such purposes, the Authority may resort to financing according to the methods set forth in KRS 96A.120, etc. SECTION 18. Duty to provide Insurance. The Authority shall provide for insurance of it's properties, and for workmen's compensation, and other public liability or any other risk or hazards arising from activities, and may provide for the insuring of it's officers or employees against such risks or hazards and the expense of obtaining such insurance, and of paying the premiums thereof from time to time, shall be borne by the Authority and chargeable as an operating expense of the Authority. 490 SECTION 19 . Annual Audit . The Authority shall employ a state licensed public accountant, or firm thereof, to make an annual audit of the Authority's financial accounts and affairs, and to make a report thereof, including comments of the auditor regarding whether or not the Authority is in compliance with statutory requirements and with lawful covenants and commitments made in its contract or bond proceedings. A copy of each audit report shall be filed and kept open for public inspection in the office of the secretary - treasurer of the Authority, and a copy shall be provided to the Clerk of the City. SECTION 20. Power to Conduct Studies. The Transit Authority may conduct such surveys and studies, gathering such information, and institute such programs and plans as may be reasonably necessary to carry out the purpose of this chapter. SECTION 21. This ordinance shall be introduced and remain on file for one week for public inspection in the completed form in which it shall be put upon its final passage, and if adopted shall be in full force and effect ten (10) days there- after. Mayor Introduced by the Board of Commissioners January 8, 1980 Passed by the Board of Commissioners January 22, 1980 Recorded by Louise McKinney, City Clerk, January 22, 1980.