WHEREAS, the City of Atlanta (“City”) desires to build a modern streetcar system in the City ("Atlanta Streetcar Project" or "Project"). The first phase of the Project, currently under construction, will consist of a 2.7 mile segment within downtown Atlanta; and
WHEREAS, in furtherance of the Project, the City, Metropolitan Atlanta Rapid Transit Authority (“MARTA”) and Atlanta Downtown Improvement District, Inc. (“ADID”) (collectively “Project Partners”) through their joint efforts, as well as the efforts of others, prepared and submitted to the Office of the Secretary of Transportation an application by the City for funding a portion of the construction of the Project through a TIGER II Discretionary Grant; and
WHEREAS, said application by the City resulted in the award of Grant Number GA-79-0001 in the amount of Forty-Seven Million, Six Hundred and Sixty-Seven Thousand, Seven-Hundred and Seventy-Seven Dollars ($47,667,777) for the Project from the TIGER II Discretionary Grants funding described in the award (the “Awarded Funds”); in addition, ADID agreed with the City to provide certain funds for the Project; and
WHEREAS, pursuant to 11-0-0327, the City, as Grantee/Recipient and MARTA, as Limited Agent/Designee, thereafter executed a Grant Agreement with the United States Department of Transportation ("USDOT") and the Federal Transit Administration ( "FTA"), as administrator of the grant; and
WHEREAS, pursuant to 11-0-0327, the Project Partners entered into an Intergovernmental Agreement for the construction of the Project (the "Construction IGA"), the procurement of vehicles, the administration of the Awarded Funds, and the administration of other funds for the construction of the Project and the procurement of vehicles and other assets for the operation and maintenance of the Project; and
WHEREAS, the Construction IGA has been modified by four (4) amendments providing for additional funding for the Project through the Transit Enhancements Grants I and II, the Luckie Street Grant and the funding of work included in the Project for the benefit of the City's Department of Watershed Management; and
WHEREAS, the completion of the construction of the Project assumes that the infrastructure put in place by such construction will be operated as a streetcar system utilizing physical assets made available by the City, and have been funded by ADID, the City, and the Awarded Funds; and
WHEREAS, pursuant to 13-R-3540, the Project Partners will enter into an Operations and Maintenance Intergovernmental Agreement (“O&M IGA”) to provide for the rights and obligations of the Project Partners, and the processes governing their cooperation with respect to the operation and maintenance of the Atlanta Streetcar; and
WHEREAS, the City is the system owner, and is responsible for coordination of all financial aspects of the Project, including direct and indirect costs associated with the operation and maintenance of the Project as well as capital costs, except where funding is provided by other Project Partners; and
WHEREAS, the City shall be responsible for compliance with all requirements and regulations of the U.S. Department of Transportation (hereinafter “USDOT”), Federal Transit Administration (hereinafter “FTA”), Georgia Department of Transportation (“GDOT”), and other applicable agencies; and
WHEREAS, as an FTA Grantee, the City may apply for additional future funding for the construction, operation and maintenance of its public transportation systems; and
WHEREAS, the City desires to administer its public transit services in a manner that establishes an effective and safe public transportation system, and provides the public and businesses access, mobility and enjoyment.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ATLANTA, GEORGIA, as follows:
SECTION 1: That the Atlanta Code of Ordinances, Part II, Chapter 2 (Administration), Article V (Administrative Organization of the Executive Branch), Section 2-261 (Offices in the Department of Public Works), which lists the functional areas of the Offices in the Department of Public Works, shall be amended by adding a number (4) that states the "Office of Transit and FTA administration." Section 2-261 shall read as follows:
The department of public works shall be composed of the following offices:
(1) Office of transportation;
(2) Office of solid waste services;
(3) Office of fleet services; and
(4) Office of transit and FTA administration
SECTION 2: That the Atlanta Code of Ordinances, Part II, Chapter 2 (Administration), Article V (Administrative Organization of the Executive Branch), shall be amended by renumbering Chapter 2 Article V in order to add a new Section 2-266 that shall read as follows:
Sec. 2-266 Functions and Duties of the Office of Transit and FTA Administration
The Office of Transit and FTA Administration shall be responsible for administering the function and duties of the streetcar system, as it may be amended from time to time, including (without limitation):
(1) Planning, developing, designing, constructing, maintaining, operating and managing the City’s streetcar system, or as permitted by contract or agreement.
(2) Applying for and administering federal, state and local funds for the City’s public transit projects.
(3) Monitoring and ensuring compliance with FTA, Georgia Department of Transportation, USDOT and other applicable laws, rules, regulations and grant program requirements.
(4) Promulgating rules and regulations for the use of City owned streetcar systems in accordance with standards established by law.
(5) Collaborating, coordinating, and supporting the planning, design, and construction of transit routes and lines associated with the adopted Connect Atlanta Plan; and
(6) Collaborating, coordinating, and supporting regional transit service planning and operations activities with other regional transit providers.
SECTION 3: That all code sections, ordinances, and parts of code sections and ordinances in conflict herewith are hereby waived for the sole purpose of this ordinance only and shall otherwise remain in full force and effect.
SECTION 4: That this ordinance shall become effective upon the Mayor's signature or as otherwise provided by operation of law.