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Home My WebLink About1974-011 - ORDINANCE 7/, - 1 AN ORDINANCE TO BE KNOWN AS THE INDIAN RIVER COUNTY TRANSIT AUTHORITY ORDINANCE, DECLARING LEGISLATI\' E INTENT; ESTABLISIIING THE INDIAN RIVER COUNTY TRANSIT AUTHORITY WHOSE MEMBERS SIIALL CONSIST OF THE MEMBERS OF THE BOARD OF COUNTY COI,'fMISSIONERS; ESTABLISHING AN ADVISORY BOARD SETTING QUALIFICATIONS THEREOF AND DELINEATING POWERS AND DUTIES; AUTHORIZING THE EMPLOYI\-TENT OF A DIRECTOR AND OTHER EMPLOYEES; DELINEATING POWERS OF THE TRANSIT AUTHORITY; REQUIRING PUBLIC HEARINGS ON ROUTES AND RECOM- MENDATIONS FRO -T\1 i\''IUNICIPALITIES WITHIN WHOSE BOUNDARIES THE ROUTES WILL BE ESTABLISHED; AUTHORIZING CERTAIN CONTRACTS; GRANTING POWER TO FIX RATES AND CHARGES AFTER PUBLIC HEARING; REQUIRING REVENUE BONDS TO BE ISSUED IAT THE NAME OF THE COUNTY; PROVIDING RULE-MAKING POWERS; PERMITTING MANAGEMENT CONTRACTS; REQUIRING DEVELOPMENT OF CO1\,IPREHENSIVE TRANSPORTATIO PLANS; REQUIRING C01_\/IPLIANCE WITH COUNTY ORDINANCES AND STATE AND FEDERAL LAWS; PROVIDING FOR RIGHTS OF EMPLOYEES OF TRANSPORTATION SYSTEMS ACQUIRED BY COUNTY; REQUIRING ANNUAL BUDGETS; AUTHORIZING A LOAN FROM THE COUNTY FOR INITIAL ORGANIZATION; PROVIDING THAT THE SYSTEMS, IF POSSIBLE AND FEASIBLE, SIIALL BE SELF-SUSTAINING AND ALSO PROVIDING THAT COUNTY TAX FUNDS MAY BE USED; REQUIRING SPECIAL TRUST ACCOUNT AND DISBURSAL BY COUN'T'Y COMPTROLLER; PROVIDING SEVERABILITY; AND PROVIDING EFFECTIVE DATE. Section 1. SHORT TITLE. This ordinance shall be known and may be cited as the "Indian River County Transit Authority Ordinance". Section 2. DECLARATION OF LEGISLATIVE INTENT. It is the purpose and intent of this ordinance to provide for the development, operation, and maintenance of an adequate unified :Hass transportation system or systems by the County by means of an authority providing service within both the incorporated and unincorporated areas of the County to the extent provided by la -.v or agreement of municipalities within the County. Section 3. INDIAN RIVER COUNTY TRANSIT AUTHORITY. (a) The Indian River County Transit Authority is hereby created and eslablished and shall consist of the five (5) members of the Board or C(,mnty Commissioners who shall serve without additional - I - IJAW OI f'IC1:`, nr 1AMCil, (-OLLIN'; U. 1 AD(.1-T'1' P. 0 1}r]Y. :—M. - 7-I4 In_n(.rn nun [I(-A1LJ'Vn-'O V1 CIO ul:nc.11, 1-1-OR111A compensation. Such authority shall exercise the functions prescribed by this ordinance and general and special law with respect to the establish- ment, financing, operation, maintenance, control and expansion of mass transportation systems in Indian River. County. (b) The authority shall operate, control and manage any and all transportation and facilities acquired by the County. Administrative functions pertaining to the operation of mass transportation systems may be vested in a director, to carry out the policies established by the authority, subject to bud. -ret limitations. (c) Chairman and vice chairman. The authority shall appoint a chairman from its members, and may also appoint a vice chairman from its members to act as chairman in the absence or inability of the chairman. Such officers shall serve at the pleasure of the authority. Section 4. ADVISORY BOARD ESTABL.ISIIID. (a) An Indian River County Transit Authority Advisory Board is hereby created and established. The members of the advisory board shall be citizens of the United States and qualified electors of Indian River County with outstanding reputations for civic pride, interest, integrity, responsibility and business ability. Members of the advisory board shall not be interested financially in the profits or emoluments of any contract, work or service for the county nor have any financial or other interest in any transit system or public transportation company operating in the County. Members shall not transact any business in which they have a financial interest with Indian River County or any person or agency acting for Indian River County. (b) The advisory board shall consist of seven (7) members appointed by the County Commission. Two appointees shall hold office for terms of one year, two shall hold office for two years, and three shall hold office for three years. J,ach member shall be eligible for reappoin'me•ni and ::hall hold office until his successor is duly appoin!ed and qualified /any n.en-Awr appointed to serve in lieu of any rnemhcr nr. account of dc"111, rercil,.::1.in:t (w dir;;ehility of .;uch shall only for the unexpired term of such member. After the initial appoint- ments, each term of office shall be for a period of three years. No member may serve more than eight years. (c) Any member of the advisory board may be removed from office by two-thirds (2/3) vote of the entire membership of the County Commission. (d) Advisory board members shall serve without compensa- tion but shall be entitled to be reimbursed for necessary expenses incur- red in the performance of their official duties, upon approval by the County Commission; provided the same is budgeted for the advisory board. Section 5. -ADVISORY BOARD POWERS AND DUTIES. The advisory board shall advise the authority and the director on matters relating to mass transportation with Indian River County, may make findings and recommendations to the authority and the director relative to the acquisition of systems and facilities and the appropriate financing of the purchase and acquisition of systems upon a self-liquida�ins basis, and make recommendations to the authority and the director on proposed routes and fares Section 6. DIRECTOR; OTHER EMPLOYEES. (a) Director. The authority may appoint a director who shall have administrative management of the property, facilities and business of the authority and the employees thereof, and shall direct the enforcement of all policies and administrative directives established I by the authority, and rules and regulations of the authority, and shall perform such other duties as may be prescribed from time to time by the authority. j (b) Within the budget limitations, the authority may appoint or employ such employees as may be necessary for the proper perfor- mance of its duties and functions and the efficient operation of transpo. - i talion systems. under its jurisdictio!i; and the authority niay contract fc,r the services of engineers and consultants for any purpose of the authority, including engineering, management, feasibility and other studies con- cerning the acquisition, construction, extension, operation, maintenance, consolidation and financing of transportation systems in Indian River t County. i Section 7. QUORUM; MAJORITY; EMPLOYMENT OF i _ ATTORNEY. i r Three members of the authority shall constitute a quorum. 1 An affirmative vote of a majority of the entire membership of the authority shall be required to transact any business or to exercise any } power vested in the authority. i i The Authority may employ an attorney who shall serve as counsel and legal adviser to the authority and Advisory Board and shall ' represent the authority in all legal matters. i Section 8. POWERS AND JURISDICTION OF AUTHORITY IN GENERAL The authority shall have exclusive jurisdiction in respect to the operation and maintenance of all transit systems acquired, purchased or coming under the ownership of the County, and shall be vested with full power and authority for the administration of all systems, facilities, property and personnel under the jurisdiction of the authority. All property shall be acquired in the name of the County. Section 9. RECOMMENDED ROUTES, REQUIRED PUBLIC HEARING The authority shall determine routes after public hearing. Whenever routes are to be established within municipalities, the recom- mendations of the governing body of the municipality shall be requested and considered, as well as recommendations from other County, State and Federal agencies which exercise mass transportation powers. Section 10. PO\VER TO USE TRANTSPORTATION FACIL- ITIES JOINTLY 1VI'1'II PUBIAC UTILITIES; CONTRACTS 1V]T11 PUBLICU7'ILITIP-S. The authority may enter into agreements for the joint us,- of any property, facilities and rights by the authority and any public utility operating any transportation system or facilities with Indian River bounty; may enter into agreements with any public utility operating any transpor- tation facilities within Indian River County for the joint use of any property or facilities of the County or public utility, or the establishment of through routes, joint fares and transfer of passengers. The authority shall have power to contract with private or governmental bodies in respect to all matters dealing with the operation of county transportation systems. Section 11. POWER TO FIX CHARGES FOR COUNTY FACILITIES; SYSTEIA InUST BE SELF- SUSTAINING; ISSUANCE OF BONDS. (a) The authority shall fix rates, fares, tolls, charges, rents or other charges for the use of any transportation system or facilities acquired by the County, and may alter, change, or modify the same, subject to the covenants in any revenue bond indeni:ur es pursuant to which revenue bonds have been issued and are outstanding which contain covenants with respect to the fixing of such rates, fares, tolls, charges and rents; however, the authority shall always attempt to provide rates, fares, tolls, charges and rents in an amount that will require the least amount of sub- sidizing from other sources of revenue. (b) Before making any increase in passenger rates, tolls and charges, the authority shall hold a public hearing upon any such proposal pursuant to notice published in a newspaper of general circula- tion in the County at least ten (10) days prior to the date of such public hearing. i (c) The authority shall not have the power to issue revenue bonds in its own name. Such bonds may be issued in the name of the . i County by the Board of County Commissioners. Section 12. POWER TO ACQUIRE ADDITIOiNTAL EQUIP- MENT-TO QUIP- MENTTO OPERATE TRANSIT SYSTEM. After a transportation system shall have been developed, the authority may, in accordance with 'aw, acquire additional rolling stock and equipment snider conditional st.les contracts, leases, equipment trust certificates, or other form of contract, necessary or needed for the improvement or expansion of an existing system being operated under the jurisdiction of the authority. Section 13. RULE MAKING POWERS. The authority shall make rules and regulations governing the use, operation and maintenance of the system and shall snake changes in service whenever deemed advisable; provided, that any revenue indenture may place limitations and conditions upon the exercise of such powers. The authority may adopt such rules and regulations as may be necessary to enable it to exercise the powers and perform the duties and functions conferred or imposed upon it by this article, and such rules and regulations shall have the force and effect of law within Indian River County. Section 14. AUTHORITY TO ENTER MANAGEMENT CON - TRACTS: - The authority, in its discretion, may enter into a manage - meet contract with an appropriate qualified corporation or agency for the operation, management, and supervision of any or all transportation sys- tems under the jurisdiction of the authority, and may provide payment of compensation for such management services by means of an agreed per- centage of the gross revenues earned by the transportation system involved or other means authorized by law. Section 15. DUTY TO DEVELOP COMPREHENSIVE TRANSPO13TATIONT PLANTS. The authority shall develop from time to time comprehensive overall plans and programs for securing and establishing for all of Indian River County, an efficient, economical, unified, coordinated and rapid mass transportation system or systems. -G- Section 16. COMPLIANCE WITH EXISTING LAWS AND REGULATIONS REQUIRFD. In the operation of transportation facilities, the authority and any corporation, association, employee or individual acting for the authority, shall comply with safety regulations, County ordinances, state laws or regulations, and federal regulations. Section 17. RIGHTS OF EMPLOYEES OF TRANSPORTA- TION SYSTEMS ACQUIRED BY COUNTY. Whenever the County.acquires existing transportation systems or facilities from a publicly or privately owned public utility, to the ex- tent necessary or feasible for the economic operation of such facilities, all of the employees of such acquired transit system whose duties pertain to the facilities acquired shall be employed in comparable positions in the County service and the pay status, seniority, vacation and sick leave rights shall be preserved and maintained to the fullest possible extent. All employees of the authority shall be deemed, considered or construed as County employees and shall be entitled to all the rights, privileges and benefits of County emplUyees. Section 18. BUDGETS REQUIRED; EXPENDITURES FROM COUNTY TAX FUNDS PERMITTED; (a) The authority shall not have power to expend funds or obligate the Country for any amount in excess of that provided for in the current budget of the authority. Annually the authority shall prepare a budget accurately itemizing all estimated revenue and expenses, including debt service and sinking funds for all outstanding revenue bonds, for the ensuing fiscal year commencing October ]--' and ending September 30t11. The authority shall not expend or incur any liability that is not authorized and provided for in its current budget, or an amendment thereto approved by the County Comrnission. (h) County tax funds may he expended by the Board of Co_,nty C,�n,n,is~iuncrs for IIIc aul.hority. The County Commission may raw ._ _.... in its discretion, allocate funds in the nature of a loan for the initial organization and activities of the authority preparatory to the development of a transportation system by the County. i (c) It is further provided that County tax funds may be used i' for the purpose of matching federal or state grants, to the extent author- ized by law. (d) The Board of County Commissioners may budget up to 1/4 mill of ad valorem taxes to finance the transit authority if the authority is unable to be maintained on a self-sustaining basis. Section 19. DEPOSIT, DISBURSEMENT, AND USE OF REVENUES All revenues derived or accruing from the operation of any transportation system and all funds received by the authority shall be deposited in appropriate special trust fund accounts in the name of the County, and shall be disbursed and paid by means of County warrant issued by the County comptroller. No such funds shall be utilized for any purpose other than for the acquisition, operation, maintenance, or improvement of transportation system or systems owned by the County, unless approved by the Board of County Commissioners. Section 20, SEVERABILITY. If any section, sub -section, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall r not be affected by such invalidity. Section 21. AFFECTIVE DATE. This ordinance shall take effect on January 11 19.7 4