HomeMy WebLinkAboutPO 6812: GRANT FROM THE FEDERAL TRANSIT ADMINISTRATION P.O. 6812
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT ARTHUR,TEXAS,
AUTHORIZING THE LOCAL MATCH FOR A SECTION 5339(c) GRANT FROM THE
FEDERAL TRANSIT ADMINISTRATION AWARDED TO PORT ARTHUR TRANSIT
TO PURCHASE FOUR(4) BATTERY ELECTRIC FIXED ROUTE BUSES, CHARGING
EQUIPMENT, AND OPERATOR AND MAINTENANCE TRAINING; AND
AUTHORIZING THE ESTABLISHMENT OF A SINKING FUND FOR THE FUNDING
OF SAID LOCAL MATCH.
WHEREAS, Port Arthur Transit (PAT) has been authorized to receive funding in the
amount of$2,225,000.00 from the Federal Transit Administration (FTA) from the Low- or No-
Emission Competitive Program; and
WHEREAS,PAT was authorized to purchase four(4) battery electric fixed route buses,
charging equipment and accompanying infrastructure; and
WHEREAS, pursuant to Resolution No. 18-415,the City Council authorized the City
Manager to accept the grant; and
WHEREAS, PAT will purchase the four(4) battery electric fixed route buses to replace
vehicles that will have exceeded their useful life prior to the procurement's completion; and
WHEREAS,all eligible expenses under the Low- or No-Emission Competitive Program
require a 15 percent match for vehicle purchase and 10 percent match to acquire low- or no-
emission bus equipment and facilities. The match can be obtained through local funds, state
grants and/or PAT's 5307 federal allotment; and
WHEREAS, PAT is requesting the City Council approve a local match commitment of
$314,068 that will extend beyond the current fiscal year, and
WHEREAS,the City Manager and the City Council acknowledge that pursuant to the
provisions contained in Article XI, Sections 5 and 7 of the Texas Constitution,the City may not
enter into unfunded debt, i.e., debt beyond the current fiscal year, for any purpose without
creating a sinking fund of at least two percent(2%) of the amount of such debt for the payment
of said debt.
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR:
Section 1. THAT, all the above premises are hereby found to be true and correct and are
hereby approved and incorporated into the body of this Ordinance as if copied in their entirety.
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Section 2. THAT, the City Council hereby authorizes the local match for the Section
5339(c) grant award from the FTA.
Section 3. THAT, the City's Chief Financial Officer is hereby directed to create and
maintain,through September 30, 2022, a Sinking Fund for the payment of the local match created
by this Ordinance. The Sinking Fund shall consist of(two percent)2%of the local match amount
of$314,068.00 through September 30, 2022.
Section 4. THAT, the proceeds placed into the Sinking Fund, for the current fiscal year
(2019-2020)and succeeding fiscal years shall be from the City's ad valorem tax and there shall be
annually assessed and collected in due time, form and manner,a direct and continuing ad valorem
tax on all taxable property within the corporate limits of the City at a rate from year to year, within
the limitations prescribed by law, on each one hundred dollars' valuation of taxable property as
will be sufficient to provide funds to satisfy any obligations for the Federal Transit Administration
(FTA) Low-or No-Emission Competitive Program during any budget year.
Section 5. THAT, the City's Chief Financial Officer shall keep and maintain all records
relating to the Sinking Fund and all such other related documentation and accounts, and is hereby
authorized and instructed to maintain all funds necessary in the Sinking Fund to prevent the
creation, at any time, of an unconstitutional debt in the terms, conditions, or administration of the
Federal Transit Administration(FTA) Low- or No-Emission Competitive Program
Section 6. THAT, all ordinances, orders or resolutions heretofore passed and adopted by
the City Council of the City of Port Arthur, Texas, are hereby repealed to the extent that said
ordinances, orders or resolutions, or parts thereof, are in conflict herewith.
Section 7. THAT, if any section, article, paragraph, sentence, clause, phrase or word in
this Ordinance is held invalid or unconstitutional by a court of competent jurisdiction,such holding
shall not affect the validity of the remaining portions of this Ordinance; and the City Council
hereby declares it would have passed such remaining portions of this Ordinance despite such
invalidity, and further declares that such remaining portions shall remain in full force and effect.
Section 8. THAT, this Ordinance shall take effect and be in full force from and after
its passage, as provided by state statute and the Code of Ordinances of the City of Port Arthur,
Texas.
READ,ADOPTED AND APPROVED this day of February, 2020 at a Regular
Meeting of the City of Port Arthur,Texas by the following vote: AYES:
AYES: Mayor:
Councilmembers:
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NOES:
Thurman "Bill" Bartie, Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVED AS TO FORM:
/ V,( ,
al Tizeno,l y Attorney
APPROVED FOR ADMINISTRATION:
Ronald Burton Kandy Daniel
City Manager Interim Director of Finance
Ivan Mitchell
Transit Director