Article IX
METROPOLITAN TRANSIT
Sections:
Division 1. Generally
Sec. A9-1. Adoption of metropolitan transit authority act.
Sec. A9-2. Levy of tax.
Secs. A9-3. – A9-15. Reserved.
Division 2. Metropolitan Transit Authority
Sec. A9-16. Borrowing authority.
Sec. A9-17. Power to purchase equipment – Agreements.
Sec. A9-17.5. Letting of certain contract bids.
Sec. A9-18. Transit board – Creation – Compensation.
Sec. A9-18.5. Transit board – Appointment of board – Terms.
Sec. A9-19. Same – Organization.
Sec. A9-20. Same – Meetings.
Sec. A9-21. Same – Secretary and treasurer – Bond.
Sec. A9-22. Same – Adoption of rules and regulations – Rates and fares.
Sec. A9-23. Same – Employment of manager.
Sec. A9-24. Same – Duty to rehabilitate, etc., system – Concomitant fiscal powers.
Sec. A9-25. Same – Authority to obtain insurance, liability coverage.
Sec. A9-26. Signatures on checks or drafts.
Cross References: Vehicles for hire, Chapters 3.60, 5.35, 5.70, 5.155, 10.40, 10.45 and 10.65 TMC.
Division 1. Generally
Sec. A9-1. Adoption of metropolitan transit authority act.
The City of Topeka, Kansas, a municipal corporation, hereby adopts the provisions of the metropolitan transit authority act contained in K.S.A. 12-2801 through 12-2840, as amended, subject to the approval thereof at the city election on April 3, 1973, and subject to the exemptions and substitutions hereinafter contained.
The City of Topeka, Kansas, a municipal corporation, by the power vested in it pursuant to Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to make inapplicable to it, and exempts itself from the provisions of K.S.A. 12-2808, 12-2809, 12-2814, 12-2815, 12-2816, 12-2818, 12-2819, 12-2820, 12-2821, 12-2826, 12-2832 and 12-2834 and provides substitute and additional provisions on the same subject of public transportation systems. (C.O. 99 § 1, 5-12-09.)
Sec. A9-2. Levy of tax.
The governing body of the City of Topeka, Kansas may levy a tax not to exceed four and four-tenths (4.4) mills for 2011. For 2012, the levy may not exceed four and two-tenths (4.2) mills. For 2013 and subsequent years, the levy may not exceed three (3) mills. The mill levy shall be upon all the taxable property within such city, as authorized by ordinance of the city, the proceeds of such tax levy to be used by the metropolitan transit authority of Topeka, Kansas, created by Charter Ordinance No. 19, as amended by Charter Ordinance Nos. 50, 82, 99, and 101 to carry out its duties under the metropolitan transit authority act, as amended. (C.O. 103 § 1, 3-15-11.)
Cross References: Taxation, Chapters 3.50 and 3.55 TMC.
State Law References: K.S.A. 12-2814.
Secs. A9-3 – A9-15. Reserved.
Division 2. Metropolitan Transit Authority
Sec. A9-16. Borrowing authority.
The metropolitan transit authority shall have the power to borrow money for the purpose of acquiring any transportation system, or acquiring necessary cash for working funds, or for acquiring, constructing, extending or improving its transportation system, or any part thereof, and for acquiring property or equipment necessary and useful in the operation of its transportation system. For the purpose of evidencing the obligation of the authority to repay any money borrowed as aforesaid, the authority, pursuant to resolution adopted by the authority, may from time to time issue, sell and dispose of its interest-bearing bonds, short-term notes or obligations. All such bonds, notes and obligations shall be payable from the revenues or income to be derived from the transportation system or from incomes to be derived from any tax levied by or on behalf of the authority or from a combination of such sources as determined by the authority. Said bonds, notes or obligations shall not mature exceeding 20 years from the respective date of issue. No lien upon any real property of the authority shall be created thereby.
Any bonds or notes issued under the provisions of this section, their transfer and the income therefrom (including any profit made on the sale thereof) shall at all times be free from taxation within this state. (C.O. 23 § 2, 7-23-73.)
State Law References: K.S.A. 12-2808.
Sec. A9-17. Power to purchase equipment – Agreements.
The authority shall have power to purchase equipment such as cars, trolley buses and motor buses, and may execute agreements, leases and equipment trust certificates in the form customarily used in such cases appropriate to effect such purchase and may dispose of such equipment trust certificates. Payment for such equipment or rentals therefor may be made in installments.
The agreement to purchase may direct the vendor to sell and assign the equipment to a bank or trust company, duly authorized to transact business in the State of Kansas, as trustee, for the benefit and security of the equipment trust certificates, and may direct the trustee to deliver the equipment to one or more designated officers of the authority, and may authorize the trustee simultaneously therewith to execute and deliver a lease of the equipment to the authority.
The agreements and leases shall be duly acknowledged before some person authorized by law to take acknowledgments of deeds and in the form required for acknowledgment of deeds and such agreements, leases and equipment trust certificates shall be authorized by vote of the board and shall contain such covenants, conditions and provisions as may be deemed necessary or appropriate to insure the payment of the equipment trust certificates from the revenue or income to be derived from the transportation system.
The covenants, conditions and provisions of the agreements, leases and equipment trust certificates shall not conflict with any of the provisions of any trust agreement securing the payment of bonds or certificates of the authority.
An executed copy of each such agreement and lease shall be filed in the office of the city clerk of the city in which said authority is operating a transportation system, and such filing shall constitute notice to any subsequent judgment creditor or any subsequent purchaser. (C.O. 23 § 3, 7-23-73.)
State Law References: K.S.A. 12-2809.
Sec. A9-17.5. Letting of certain contract bids.
All construction contracts and purchases by the metropolitan transit authority of materials, supplies, services or equipment of the cost of which can reasonably be expected to exceed $10,000.00 shall be let to the lowest responsive and responsible bidder after advertising for sealed proposals in the official city paper. All contracts for the sale of property of the value of more than $2,500.00 or for any concession in or lease of property of the authority for a term of more than one year shall be awarded to the highest responsive and responsible bidder after advertising for bids.
Formal advertising and bidding procedures will not be required in the following situations:
(1) The item is available only from a single source; or
(2) Public exigency or emergency when the urgency for the requirement will not permit a delay incident to competitive solicitation; or
(3) Urban mass transportation administration authorizes noncompetitive negotiation; or
(4) After solicitation of a number of sources, competition is determined inadequate.
All contracts involving less than $10,000.00 shall be let by competitive bidding whenever possible and in any event in a manner calculated to ensure the best interest of the public.
In determining the responsibility of any bidder, the board may take into account past records of dealings with the bidder, experience, adequacy of equipment, ability to complete performance within the time set, and other factors besides financial responsibility, but in no case shall any such contract be awarded to any other than the highest bidder (in case of sale, concession or lease) or the lowest bidder (in case of purchase or expenditure) unless authorized or approved by a vote of at least four members of the board, and unless such action is accompanied by a statement in writing setting forth the reasons for not awarding the contract to the highest or lowest bidder, as the case may be, which statement shall be kept on file in the principal office of the authority and open to public inspection.
Contracts shall not be split into parts involving expenditure of less than $10,000.00 for the purpose of avoiding the provisions of this section, and all such split contracts shall be void. If any collusion occurs among bidders or prospective bidders in restraint of freedom of competition, by agreement to bid a fixed amount or to refrain from bidding, or otherwise, the bids of such bidders shall be void. Each bidder shall accompany his or her bid with a sworn statement that he or she has not been a party to any such agreement.
The board shall have the right to reject all bids and to readvertise for bids. If after such readvertisement no responsible and satisfactory bid, within the terms of the advertisement, shall be received, the board may award such contract without competitive bidding, providing that it shall not be less advantageous to the authority than any valid bid received pursuant to advertisement. (C.O. 64 § 2, 8-25-84.)
State Law References: K.S.A. 12-2828.
Sec. A9-18. Transit board – Creation – Compensation.
The governing and administrative body of the authority shall be a board consisting of seven (7) members, to be known as the transit board. Members of the board shall be residents of the metropolitan area and individuals of recognized business ability.
Each member of the initial board shall be compensated at the rate of $20.00 per diem for each day or part thereof spent in meetings of the board, not to exceed $500.00 in any calendar year. The compensation of successor members of the board shall be fixed by the board. No board member shall be allowed any fees, prerequisites or emoluments, reward or compensation for his or her services as a member or officer of the authority aside from his or her salary, but the individual shall be reimbursed for actual expenses incurred by the individual in the performance of his or her duties. (C.O. 99 § 3, 5-12-09.)
Cross References: Boards, commissions and committees, TMC 2.05.010 et seq.
State Law References: K.S.A. 12-2815.
Sec. A9-18.5. Transit board – Appointment of board – Terms.
Appointment. Members of the board shall be appointed and may be removed in the manner specified in Charter Ordinance No. 94, Section 24, as codified at Section A2-72.
Terms. The term of any board member shall be for four years from the date of his or her appointment. Members shall not serve beyond the end of their appointed terms. Upon expiration of a term, the position will remain vacant until such a successor is appointed. Vacancies shall be filled for any unexpired term in the same manner as appointments. The city clerk shall certify the action of the council with respect to such appointments and file such certificates as part of the records of the office of the city clerk. (C.O. 99 § 4, 5-12-09.)
Sec. A9-19. Same – Organization.
As soon as possible after the appointment of the initial members, the board shall organize for the transaction of business, shall select a chairman and a temporary secretary from its own number, and adopt bylaws, rules and regulations to govern its proceedings. The initial chairman and successors shall be elected by the board from time to time for the term of his or her office as a member of the board or for the term of three years, whichever is shorter. (C.O. 52 § 3, 2-21-81; C.O. 23 § 5, 7-23-73.)
State Law References: K.S.A. 12-2818.
Sec. A9-20. Same – Meetings.
Regular meetings of the board shall be held at least once in each calendar month, and special meetings on call of the chairman or a majority of the members; the time and place of such meetings to be fixed by the board. A majority of the members of the board shall constitute a quorum for the transaction of business. All actions of the board shall be by motion or resolution. All minutes, resolutions and other proceedings of the authority and all documents and records in its possession shall be public records, and open to public inspection, except such documents and records as shall be kept or prepared by the board for use in negotiations, action or proceedings to which the authority is a party. (C.O. 101 § 2, 4-27-10.)
State Law References: K.S.A. 12-2819.
Sec. A9-21. Same – Secretary and treasurer – Bond.
The board shall appoint a secretary and a treasurer, who need not be members of the board, to hold office during the pleasure of the board, and fix their duties and compensation. Before entering upon the duties of their respective offices they shall take and subscribe the constitutional oath of office, and the treasurer shall execute a bond with corporate sureties to be approved by the board. The bond shall be payable to the authority in whatever penal sum may be directed by the board conditioned upon the faithful performance of the duties of the office, and the payment of all money received by him according to law and the orders of the board. The board may, at any time, require a new bond from the treasurer in such penal sum as may then be determined by the board. The obligation of the sureties shall not extend to any loss sustained by the insolvency, failure or closing of any national or state bank wherein the treasurer has deposited funds if the bank has been approved by the board as a depository for these funds. The oaths of office and the treasurer’s bond shall be filed in the principal office of the authority. (C.O. 23 § 7, 7-23-73.)
State Law References: K.S.A. 12-2820.
Sec. A9-22. Same – Adoption of rules and regulations – Rates and fares.
The board shall make all rules and regulations governing the operation of the transportation system, shall determine all routings and change the same whenever it is deemed advisable by the board, subject to the provisions of any ordinance granting rights to the authority. The board shall fix rates, fares and charges for transportation. (C.O. 23 § 8, 7-23-73.)
State Law References: K.S.A. 12-2826.
Sec. A9-23. Same – Employment of manager.
The board shall have the power to enter into any contract agreement, lease or employment arrangement with any person or corporation to manage the operations of the transportation system. Such manager shall be responsible to the board and shall submit operational reports as the board may require. (C.O. 23 § 9, 7-23-73.)
Sec. A9-24. Same – Duty to rehabilitate, etc., system – Concomitant fiscal powers.
It shall be the duty of the board, as promptly as possible, to rehabilitate, reconstruct and modernize all portions of any transportation system acquired by the authority and to maintain at all times an adequate and modern transportation system suitable and adapted to the needs of the municipality served by the authority, and for safe, comfortable and convenient service. To that end, the board may disburse moneys from the operating expense account or from any other account designated for such use by the urban mass transportation authority regulations, for the purpose of making replacements of property damaged or destroyed. In addition, the board may establish a capital reserve fund out of which moneys for the purpose of acquiring or constructing extensions and improvements and betterment of the system shall be disbursed. The board may make temporary loans from the capital reserve fund for either use [as] initial working capital, or, in necessary cases where the depreciation fund is insufficient, to purchase and cancel its revenue bonds and certificates prior to their maturity at the price of not to exceed their par value, and to redeem and cancel its revenue bonds and certificates prior to their maturity at the price of not to exceed their par value, and to redeem and cancel its revenue bonds and certificates according to their terms. (Ord. 52 § 4, 2-21-81.)
State Law References: K.S.A. 12-2832.
Sec. A9-25. Same – Authority to obtain insurance, liability coverage.
The board may obtain and maintain insurance coverage or protection, insuring or indemnifying the authority, in an amount sufficient to provide for the adjustment and satisfaction of all suits, claims, demands, rights and causes of action and payment and satisfaction of all judgments entered against the authority for damages caused by injury to or death of any person and for damaged property resulting from the construction, maintenance and operation of the transportation system. The cost of obtaining or maintaining such insurance may be charged to a special liability defense fund as provided by K.S.A. 75-6110 et seq., designated for such expenses by the Urban Mass Transit Authority Regulations.
Notwithstanding the foregoing provision regarding election of the account to be charged the cost of obtaining or maintaining insurance, the board may provide for the cost of defense as authorized by the Kansas Tort Claims Act (K.S.A. 75-6101 et seq.), including acquisition of insurance coverage through interlocal cooperation agreements, for pooling arrangements. (Ord. 52 § 5, 2-21-81.)
State Law References: K.S.A. 12-2834.
Sec. A9-26. Signatures on checks or drafts.
All funds deposited by the finance and administrative manager in any bank shall be placed in the name of the authority and shall be withdrawn or paid out only by check or draft upon the bank, bearing the signature of either two board members or the signature of one board member and the signature of either the general manager or the finance and administrative manager, except that the board may designate any of its members or any officer or employee of the authority to affix the facsimile signature of the chairman and another to affix the facsimile signature of the general manager to any check or draft. (Ord. 52 § 6, 2-21-81.)
State Law References: K.S.A. 12-2821.