13-3101. Transit systems in cities over 225,000; findings; resolution; election, notice; operation; transit system defined.
13-3101
13-3101. Transit systems in cities over 225,000; findings; resolution;
election, notice; operation; transit system defined.
Any city having a population of over two hundred twenty-five thousand
(225,000) may invoke the authority contained in this act on a finding by
its governing body that all of the following states of fact exist:
(a) Transportation of persons within the metropolitan area of such city
is necessary and convenient to the well-being of such city and its
inhabitants.
(b) Privately owned public transportation facilities in operation in
such city are inadequate.
(c) It is impossible for existing franchised operators of transportation
facilities or some of them to render the necessary service with adequate
resulting return on their investment of capital.
(d) Assignment of the existing franchise by the holder to another or
release thereof and granting of a new franchise by any such city will not
afford adequate service.
Such findings, if made, shall be by resolution adopted by the governing
body of such city on an affirmative recorded vote of at least two-thirds
(2/3) of the elected members of such governing body. Such resolution shall
outline the proposed public operation of a transit system and shall call
for a special election by the electors of the city and shall fix the date
thereof. Such resolution shall be published in full in the official city
newspaper. Notice of said election shall be given and the election shall be
conducted all in the manner provided by law for regular city elections. The
proposition submitted at such election shall be substantially as follows:
"Shall the public operation of a transit system be authorized as outlined
in the resolution of the governing body of the city of _____________ dated
________?" If a majority of the votes cast are not in favor of the
proposition such city is not authorized to proceed further under this act.
If a majority of the votes cast are in favor of the proposition the
governing body may proceed by ordinance to acquire and operate a transit
system as provided in this act.
For the purposes of this act, "transit system" is defined as motor buses
or electric buses and trucks and maintenance, repair and servicing
equipment and supplies for the transportation of persons and property, and
shall also include land and buildings used or useful for such purposes.
History: L. 1965, ch. 123, § 1; May 15.