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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 band AI -America City r 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