Code of Ordinances Amendment_Title 5 Transit Advisory BoardTHE CITY OF
Dui
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Boards and Commissions - Transit Advisory Board
DATE: July 15, 2014
Dubuque
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2007 • 2012 • 2013
The City Attorney's Office and the City Clerk's Office have been working on updating
the Boards and Commissions ordinances to make the standard provisions in all of the
ordinances uniform and consistent.
Assistant City Attorney Crenna Brumwell recommends City Council approval of an
ordinance which repeals Chapter 1 Transit Advisory Board provisions and adopting a
new Chapter 1 which establishes the Transit Advisory Board and provides for the
powers, operation, membership, meetings and procedure for fare increase or reduction
in service. The Transit Advisory Board was originally established in July 1973.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Crenna Brumwell, Assistant City Attorney
THE CITY OF
DUB UE MEMORANDUM
Masterpiece on the Mississippi
E Q.
CRENNA M. BRUMWELL,
ASSISTANT CITY ATTORNEY
To: Michael C. Van Milligen
City Manager
DATE: July 9, 2014
RE: Boards and Commissions — Transit Advisory Board
The City Attorney's Office, together with the City Clerk's Office and each individual
department, have been working on updating the Boards and Commissions ordinances
for the City of Dubuque. The goal is to make the standard provisions in all of the
ordinances uniform and consistent.
Attached please find a draft ordinance for the Transit Advisory Board, which was
established in July 1973. For this ordinance, a new Title 5, Chapter 1 is adopted which
establishes the Transit Advisory Board and provides for the powers, operation,
membership, meetings, and procedure for fare increase or reduction in service.
I recommend that the ordinance be submitted to the City Council for consideration.
Please let me know if you need further information.
Thank you.
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. 50-14
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 5 TRANSIT
SYSTEM BY REPEALING CHAPTER 1 TRANSIT ADVISORY BOARD; GENERAL
PROVISIONS AND ADOPTING A NEW CHAPTER 1 TRANSIT ADVISORY BOARD
IN LIEU THEREOF ESTABLISHING THE TRANSIT ADVISORY BOARD AND
PROVIDING FOR THE POWERS, OPERATION, MEMBERSHIP, MEETINGS, AND
PROCEDURE FOR FARE INCREASE OR REDUCTION IN SERVICE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Title 5, Chapter 1 of the City of Dubuque Code of Ordinances is
hereby released and the following adopted in lieu thereof:
Chapter 1
TRANSIT ADVISORY BOARD
5-1-1: BOARD CREATED:
There is hereby created the Transit Advisory Board.
5-1-2: PURPOSE:
The purpose of the board is to recommend the establishment of routes, schedules, and
changes in fare structure and/or rates.
5-1-3: INTERNAL ORGANIZATION AND RULES:
The board may adopt rules and regulations to govern its organizational procedures as
may be necessary and which are not in conflict with this Code of Ordinances or the
Iowa Code.
5-1-4: PROCEDURES FOR OPERATION:
All administrative,personnel, accounting, budgetary, and procurement policies of the
city govern the board in all its operations.
5-1-5: MEMBERSHIP:
The board comprises five (5) residents of the city, appointed by the city council.
5-1-6: OATH:
Each person, upon appointment or reappointment to the board, must execute an oath of
office at the first meeting of the board following the appointment or reappointment or at
the city clerk's office any time prior to the first meeting of the board.
5-1-7: TERMS:
The term of office for members of the board is three (3) years or until such member's
successor is appointed and qualified.
5-1-8: VACANCIES:
Vacancies must be filled in the same manner as original appointments.
5-1-9: OFFICERS/ORGANIZATION:
The board must choose annually a chairperson and vice -chairperson, each to serve a
term of one (1) year. The chairperson must appoint a secretary, who need not be a
member of the board. The board must fill a vacancy among its officers for the remainder
of the officer's unexpired term.
5-1-10: MEETINGS:
A. Regular Meetings. The board must meet not less than bimonthly.
B. Special Meetings. Special meetings may be called by the chairperson or at the
written request of a majority of the members.
C. Open Meetings. All meetings must be called and held in conformance with the
Iowa Open Meetings Law.
D. Attendance.
1. In the event a member of the board has been absent for three (3) or more
consecutive meetings of the board, without being excused by the chairperson,
such absence will be grounds for the board to recommend to the city council that
the position be declared vacant and a replacement appointed.
2. Attendance must be entered upon the minutes of all meetings.
E. Minutes. A copy of the minutes of all regular and special meetings of the board
must be filed with the city council within ten (10) working days after each meeting, or by
the next regularly scheduled city council meeting, whichever is later.
F. Quorum. Three (3) members of the board constitute a quorum for the transaction
of business. The affirmative vote of a majority of the members present and voting is
necessary for the adoption of any motion or resolution.
5-1-11: COMPENSATION:
Members serve without compensation, provided that they may receive reimbursement
for necessary travel and other expenses while on official board business within the limits
established in the city administrative policies and budget.
5-1-12: REMOVAL:
The city council may remove any member for cause upon written charges and after a
public hearing.
5-1-13: POWERS:
The board has the following powers, duties, and responsibilities:
A. Advise the city council on executing agreements and grants relating to the
transit system operation and the purchase of new equipment.
B. Advise the city council on rates, fares, or charges for the transportation of
passengers and any incidental services and the rates or charges to be made for
advertising in buses or any other facility.
5-1-14: FARE INCREASE OR REDUCTION IN SERVICE, PROCEDURE:
A. Public Hearing. Prior to the adoption of any fare increase or a substantial
reduction in service by the city council, the city council must set a time and place for
public hearing on such proposed fare increase or reduction in service, and must cause
a notice of the time and place of such hearing to be published in a newspaper of
general circulation in the city not less than four (4) nor more than twenty (20) days prior
to such hearing. All notices must comply with all federal, state, and local regulations.
B. Contents of Notice. The notice must state the time and place of hearing, include
a summary of the proposed fare increase or reduction in service level, indicate who the
increase or reduction will affect, indicate the date the increase or reduction will take
effect, and request that interested persons comment, in writing filed with the city clerk
prior to the time of the public hearing or in person at the public hearing, on the proposed
increase or reduction. The notice must also state that any comments submitted will be
considered by the city council, and that following the public hearing, the city council will
act to adopt, modify or reject the proposed fare increase or reduction in service. All
notices must comply with all federal, state, and local regulations.
Section 2. Nothing herein effects the term of any person serving as a member of
the board as of the effective date of this Ordinance.
Section 3. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 21st day of duly, 2014.
Attest:
Kevin S. irnstahl, Ci Cle
Roy D.' uol j ayor
-11
•_OFFICIAL
PUBLICATION
ORDINANCE'NO;50-14
AMENDING, CITY OF
DUI3UQUE !CODE OF'
ORDINANCES, TITLE 5
TRANSIT SYSTEM. BY
REPEALING CHAPTER
1 TRANSIT ADVISORY
•BOARD; GENERAL
PROVISIONS AND
ADOPTING A • NEW
CHAPTER 1 TRANSIT,
ADVISORY BOARD IN
LIEU THEREOF ES-
TABLISHING ' THE 1
TRANSIT ADVISORY,
BOARD AND PROViD-
ING FOR THE PQ1N-
ERS, OPERATION,
MEMBERSHIP, MEET-
INGS, AND PROCE-
DURE FOR FARE IN-
CREASE OR REDUC-
TION IN SERVICE
NOW, THEREFORE,
BE IT ORDAINED, BY
THE CITY COUNCIL
OF THE CITY OF DO"
DUQUE, IOWA:
Sectioh '1. Title 5, '
Chapter 1 of the City of
Dubuque Code of Ordi-
nances is hereby re-
, leased Ind the follow-
ing adopted inlieu"
thereof:
Chapter 1
TRANSIT ADVISORY
BOARD
5-1-1: BOARD CREAT-
ED:
There is hereby creat-
ed the Transit Advisory
Board.
5-1-2: PURPOSE:
The Purpose of the'
board is to recomrnend
the establishment of
routes schedules, and
changes in fare struc7
• tura and/or rates.
5-1-3: INTERNAL OR
' OANIZATION' -AND
RULES:
The board may adopt
rules and regulations
to govern its organiza- I
tional procedures as I
may be necessary and
which are not in con-
flict with this Code Of
'Ordinances or the Iowa
•Code,
;5-1'4: PROCEDURES
FOR OPERATION:
Al I adrninistrative,
personnel, • accounting,
budgetary, and pro-
curement policies of I
the city govern the ,1
board in all its opera-
• 5-1-5: MEMBERSHIP:
The board comprises
five (5) residents of the
city, appointed by the
city council.
5-1-6: OATH:
Each person, upon ap-
;,Poiritment Or reap-
, pointrnent to the
board, must execute an
' oath ,of office at the 11
first meeting of the
board following the ap-
pointment, or reap-
pointment or at the
city clerk's office any
time prior to the first
meeting of the board.
5-1-7: TERMS:
The term of office for
members of the board
is three (3) years or un-
til such member's suc-
cessor is appointed
and qualified.
5-1-8:, VACANCIES:
Vacancies must be fil-
led'in the same manner
as • original appoint-
ments.
5-1-9: OFF)CERS/OR-
GANIZATION:
The board must
choose , annually a
chairperson and vice -
chairperson, each to
serve a term.of one (1)
year. •The chIirperson
must appoint a secre-
tary, who need not be a
member of the board.
The board must fill a
vacancy among its offi-
cers for the remainder
of the officer's
unexpired term.
5-1-10: MEETINGS:
Ai Regular Meetings.
'The board must meet
mot less than bimonth_
Iy.
B. Special Meetings.
Special meetings may
be called by the chair-
person or at the writ-
ten request of a majori-
• ty of the members.
C. Open Meetings. All
meetings must be
called and held in con-
formance with the Io-
wa Open • Meetings
Law.•
D. Attendance.
1. In the event a mem-
ber •of the board has
been absent for three
(3) or mord consecu-
tive meetings of the
board, without being
excused Joy the chair-
person' such absence
will begrounds for the
board to recommend
to the city council that
the position be de-
clared vacant and a re-
placement appointed.
2. Attendance must be
entered upon the mi-
nutes of all meetings.
E. Minutes. A copy ofII
•the minutes of all regu-
lar and special meet-
ings of the board must
be filed with the city
council within ten (10)
working days after
each meeting, or by
the next regularly
scheduled city council
• meeting, whichever is
later.
F. Quorum. Three (3)
members of the bpard
constitute a quorum
for the transaction of
business. The affirma_
tive. vote of a majority
Of members pres-
ent and voting is nec-
essary for the adoption
of any motion or reso-
lution,
,
5-1‘11: -COMPENSA-
TION
1,MemberS serve with-
' otit compensation; pro-
vided that they may re-
ceive reimbursement
for necessary travel
and other expenses
while on official board
bus ness within the
; limits established in
the city administrative
• policies and hudg,et.
5-1712: REMOVAL:
The city council may
remove- any ' member
• for,cause upon written
charges and after a
publ c hearing.
5-143: POWERS:,
The bbard has the fol-
lowing powers, duties,
and responsibilities:
A Advise the city
council. on executing
• agreements and grants-
relating- to the transit
system operation and'
the ,p,urchase of •new
equipment. '
B. Advise the pity I
council on rates, fares,
of charges for the
trantportation of pas-
sengers and any inci-
dehtal services and the
rates or charges to be -
made for advertising in
buses or any other fa-
cility.
5-1-14: • FARE IN-
CREASE OR' REDUC-
TION ,IN SERVICE, PRO-
CEDURE:
A. Public Hearing. Pri-
or to the adoption of
any fare increase or a
• substantial reduction
in service by the city
• council, the city coun-
cil must'set a time and
place for public hear- I
ing on such proposed
fare increase or reduc-
tion in service, and
•'orraist cause ,a notice of
' the time and place of I
Such hearing to be
published in,a newspa-
per 'of general circula-
tion in. -the city riot less
than fOur (4) nor more
than twenty (20) days
prior to such hearing.
All notices must corn-
• ply • with • all federal, I
state, and local regula-
tions.
B. Contents of Notice..
The notice must state
the time and place of
'hearing, include a sum-
mary of the prop ed
tion.• fare csr:raysi ceeol re Vr ee Id, ulmc
dicate who the in-
crease or reduction will
ffectindilate the
date the increase or re-
duction will take effect,
and request that inter-
ested persons • com-
ment, in writin filed
with the city clerk prior
to the time of the pub -
lip hearing or in person
at the public hearing,
on the proposed in-
• crease or , reduction.
The notice must also
state that any com-
ments submitted will
be considered by the
, city council, and that
following the public
hearing, the city coun-
cil will act to adopt,
• proposed fare increase
or reduction in service
All notices must com-
ply with all federal,
state, and local regula-
tions. •
Section 2. Nothing
herein effects the term
of ahy person serving
as a -member, of the j
board as of the effec-
tive date of this Ordi-
nance.
Section 3. This Ordi-
nance takes effect
upon puhlicatioh
Passed, approved,
and adopted the 21st
day of July, 2014.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S.
Firnstahl, City Clerk
Published official in
the Telegraph Herald
newspaper on the 25th
day of July, 2014.
/s/Kevin S. Firnstahl,
CMC; City Clerk
1t 7/25
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper
on the following dates: July 25, 2014, and for which the charge is $66.27.
Subscribed to before m -ti. . Notary Public in and for Dubuque County, Iowa,
this day of �!:; , 20
/
Notary Public in and for Dubuque County, Iowa.
TERMEYER
Commlt,oion Number 154$65
y Conn, ;°:,:p, FEB, 1, 2017