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Code of Ordinances Amendment - Title 5 Transit Advisory BoardCopyright 2014 City of Dubuque ITEM# 7. ITEM TITLE: Code of Ordinances Amendment - Title 5 Transit Advisory Board SUMMARY: City Manager recommending approval of an amendment to Code of Ordinances, Title 5 Transit Advisory Board that provides for additional definitions as recommended by the Federal Transit Administration. ORDINANCE Amending City of Dubuque Code of Ordinances Title 5 Transit System, Chapter 1 Transit Advisory Board; General Provisions, Section 5-1-14 Fare Increase or Reduction in Service, Procedure by adding the definition for Substantial Reduction in Service SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A ATTACHMENTS: Description ❑ Code of Ordinances Amendment -Title 5 Transit Advisory Board -MVM ity ayanageemo Memo ❑ Staff Memo Staff Memo ❑ Ordinance Ordinance ❑ Suggested Motion Supponing Documentation Type Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Code of Ordinance Amendment - Title 5 Transit Advisory Board DATE: September 29, 2014 Dubuque 2007 • 2012 • 2013 The Federal Transit Administration visited The Jule for its triennial review of operations, policies, procedures, financial capacity, and compliance with federal regulations on August 26 and 27, 2014. During this review, Federal Transit Administration staff concluded that the City's existing ordinance regarding "major service reductions" did not provide a sufficient definition of the reduction that triggers public hearings. Federal Transit Administration staff provided guidance on the proposed amendment, advising that it include routes, hours, miles, and bus stop locations. A definition was developed by staff, approved by the Transit Advisory Board at their September 11, 2014, and Federal Transit Administration confirmed that the definition meets their requirements. Transit Director Candace Eudaley recommends City Council approval of an amendment to Code of Ordinances, Title 5 Transit Advisory Board. I concur with the recommendation and respectfully request Mayor and City Council approval. Mic, al C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Candace Eudaley, Transit Director Maurice Jones, Economic Development Director Oil theMississippi_������� TO: Michael C. Van Milligen, City Manager FROM: Candace Eudaley, Transit Director CC: Maurice Jones, Economic Development Director RE: Code of Ordinances Amendment — Title 5 Transit Advisory Board DATE: September 29, 2014 PURPOSE To present a definition of "major"major service reduction" for inclusion in Code of Ordinances, Title 5 Transit Advisory Board. BACKGROUND The Federal Transit Administration (FTA) visited The Jule for its triennial review of operations, policies, procedures, financial capacity, and compliance with federal regulations August 26-27, 2014. During this review, FTA staff concluded that the city's existing ordinance regarding "major service reductions" did not provide a sufficient definition of the reduction that triggers public hearings. FTA staff provided guidance on the proposed amendment, advising that it include routes, hours, miles, and bus stop locations. A definition was developed internally by staff and was reviewed and approved by the Transit Advisory Board (TAB) at their September 11, 2014 meeting and following TAB approval, FTA staif confirmed that the definition meets their requirements. The following criteria were developed to define "substantial reduction in service" requiring opportunity for public hearing: 1. Routes: Elimination of a route; 2. Service Hours: Reduction of ten percent (1096) of service hours of a route; 3. Service Miles: Reduction of ten percent (10%) of service miles of a route; and/or 4. Bus Stops: Elimination of one (1) or more stops on a route that would result in a greater than one-fourth (1/4) mile walking distance between bus stops. RECOMMENDATION/ACTION | recommend that the ordinance be submitted City Council for consideration. This amendment is required by Ordinance attached. Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381 ORDINANCE NO. 60-14 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 5 TRANSIT SYSTEM, CHAPTER 1 TRANSIT ADVISORY BOARD; GENERAL PROVISIONS, SECTION 5-1-14 FARE INCREASE OR REDUCTION IN SERVICE, PROCEDURE BY ADDING THE DEFINITION FOR SUBSTANTIAL REDUCTION IN SERVICE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 5-1-14 of the City of Dubuque Code of Ordinances is hereby amended as follows: 5-1-14: FARE INCREASE OR REDUCTION IN SERVICE, PROCEDURE: A. Definitions: The following words and phrases, when used in this title shall, for the purpose of this title, have the meanings respectively ascribed to them in this section: SUBSTANTIAL REDUCTION IN SERVICE: 1. Routes: Elimination of a route; 2. Service Hours: Reduction of ten percent (10%) of service hours of a route; 3. Service Miles: Reduction of ten percent (10%) of service miles of a route; and/or 4. Bus Stops: Elimination of one (1) or more stops on a route that would result in a greater than one-fourth (1/4) mile walking distance between bus stops. B. 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. C. 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. This Ordinance takes effect upon publication. Passed, approved, and adopted the 6th day of,Qctober, 2014. Attest: Kevin S - irnstahl, Ci Roy D. Buol4Mayor STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc. of the Telegraph Herald,a newspaper of general circulation published of Dubuque and State of Iowa; hereby certify that the attached notice on the following dates: October 10, 2014, and for which the charge is eie , an Iowa corporation, publisher in the City of Dubuque, County was published in said newspaper $29.87. OFFICIAL, PUBLICATION ORDINANCE NO.60-14'' , AMENDING CITY of DUBUQuguOyE CODE of Subscribed to before me, Notary Public in and for Dubuque County, Iowa, ' ORDINANCES TITLE 5 TRANSIT SYSTEM, this / day of , 20 CHAPTER 1 .TRANSIT ADVISORY BOARD; GENERAL PROVI- SIONS, SECTION ROVI-SIONS,-SECTION : 5-1- 14 FARE INCREASE• OR REDUCTIONINy SERVICE, r PROCE- DURE,BY,ADDING THE DEFINITION FOR SUB-. STANTIAL. , , .REDUC- TION IN SERVICE C NOW, `THEREFORE, BE IT ORDAINED' BY THE CITY - COUNCIL j OF THE CITY OP. DU. BUQUE, IOWA: '. Section 1. Section 5-1 14 of the Cityof'Dubu- que Cede of Ordinan- ces is hereby amended as follows: 5-1-14: FARE IN' CREASE OR '" REDUC- TION IN SERVICE, PRO- ' CEpURE: A. Definitions: The fol- lowing words and phrases, When used' in this 'title shall, for the purpose of this title, ' have the meanings re- spectively- aScribed,t • them inthis section ,SUBSTANTIAL"d2EDUC, TION IN SERVICE: 1..Reutes: Elimination of a route; , 2. Service Hours: Re- duction of ten, percent (10%) of service hours of a route; , 3. Service Miles: Re- duction of ten percent (10%) of service :miles' of a route; and/or" , 4. Bus Stops: Elimina- tion of one (1) or mere stops on a route that would result in a great- ar Lthan .one fourth 1 (1/4)*;mile Walking dis tance` between bitsi stops. B. Public Hearing: Pri- or to' the adoption of any fare increase or -a I substantial -reduction in ,service by the city council, the city conn - ,.,i .,;�+cam- fr (54 R otary Public in and for Dubuque County, Iowa. YK ue:.,TEeiLIE` Commission PNluma My Comm. �� place fors public hear ing onsuch proposed fare increase or;reduc tion in service,. d must cause a notice of thestime and -place of such hearing, to be publishedrin a+newspa-- per of general circula- tion in the city not less than four (4) nor: more than twenty (20) days prior to such hearing. All notices must com- ply with all,' federal, state, and local regula- tions. • C. Contents of Notice: The notice roust state the time, and; place of hearing,,inclhde a sum= mary ofthe (proposed fare increase.or reduc=., tion in service level, in- dicate who the .`iri-' crease or reduction will affect, indicate : the date the increase or re- duction Will take effect, and request.:"that inter- ested . persons com- ment, in writing filed with the city clerk prior to the time of the pub - tic hearing or in person at the publichearing, 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- Gil will act'te adopt, modify on reject the proposed fare,' ncrease or•heduction in service. All' notices must com ply • with all federal, state, and local regula- tions. i Section ,2. This Ordi- nance takes effect upon publication. Passed,"*approved, and adopted `the 6th day of October, 2014. /s/Roy D. Buol, Mayor Attest:°/s/Kevin S. , Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 10th clay of October, 2014. ,/s/Kevin S. Firnstahl City Clerk; lt 10/10'_