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 byits governing body that all of the following states of fact exist:

      (a)   Transportation of persons within the metropolitan area of such cityis necessary and convenient to the well-being of such city and itsinhabitants.

      (b)   Privately owned public transportation facilities in operation insuch city are inadequate.

      (c)   It is impossible for existing franchised operators of transportationfacilities or some of them to render the necessary service with adequateresulting return on their investment of capital.

      (d)   Assignment of the existing franchise by the holder to another orrelease thereof and granting of a new franchise by any such city will notafford adequate service.

      Such findings, if made, shall be by resolution adopted by the governingbody 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 shalloutline the proposed public operation of a transit system and shall callfor a special election by the electors of the city and shall fix the datethereof. Such resolution shall be published in full in the official citynewspaper. Notice of said election shall be given and the election shall beconducted all in the manner provided by law for regular city elections. Theproposition submitted at such election shall be substantially as follows:"Shall the public operation of a transit system be authorized as outlinedin the resolution of the governing body of the city of _____________ dated________?" If a majority of the votes cast are not in favor of theproposition such city is not authorized to proceed further under this act.If a majority of the votes cast are in favor of the proposition thegoverning body may proceed by ordinance to acquire and operate a transitsystem as provided in this act.

      For the purposes of this act, "transit system" is defined as motor busesor electric buses and trucks and maintenance, repair and servicingequipment and supplies for the transportation of persons and property, andshall also include land and buildings used or useful for such purposes.

      History:   L. 1965, ch. 123, § 1; May 15.