Box 21, Folder 5, Document 21

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Box 21, Folder 5, Document 21

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Summary of Remarks of w. Stell Huie at MARTA meeting,
Novembe r 7, 1967 - re Amendme nts to MARTA Legislation-1968
1.
Section 9{c) requiring judicial review of the Authority's
rate making powers should be eliminated. It is necessary
that the Authority have the power to commit to bond purchasers that it can establish r a t e s suffici e nt to cover the
operating cost of the system.
2.
Section 10:
(a)
(b)
(c)
(d)
(e)
eliminate the 6% interest limitation found
in 10 {d) •
eliminate the requi rement that the bonds be
sold by public competitive bidding found
in 10 (h) .
.
eliminate the requirement that t he bonds be
sold at par found in lO{h).
amend lO(g) to provide that all "obligations"
rather than just bonds will have the
qualit i es of negoti able instruments.
ame nd lO(p) to provi de that t he procedure o f
the reve nue bond l aw as it now e x ists or
may be hereafter amended will apply. ~
appears that the 1965 version which has since
been amended may be referred to in the Ac t .
3.
Section 13{b) must be cla rifi e d so as to eliminate any e x c e ss ive dra in of f unds b y r eason o f r elocation payme nts which may
not be included in estimate s o f e n g i nee r s . I n thi s r espect we
must check on the federal requirements as well as procedures
and policies established f or relocat ion payments under oth e r
laws .
4.
Section 1 5(c) mus t be amende d so a s t o provide that after a
va l idatio n p roc eeding n o c ontract may be declared v oid by reason
o f any c o n f lic t o f interest.
5.
Greate r fle x ib i lity t han is allowed by S e ction 17 nee ds to be
added f o r bud g e t ing p u rpos e s ; howe v er it would app ear t h at t h e
o nly must requiremen t here i n is that a def i cit budget should be
allowed during initial year ' s operati o ns.
6.
Sectio n 18 which pro vides f o r inspectio n every three years by
an outside engineer is u nreas onable and wou l d be too e xpe nsive.
It should be eliminated. The trust indenture securing the bonds
will provide for adequate inspection for t h e interest of the
bond holders.
7.
Section 24 must be amended so as t o e liminate the r e quire me nt
that the contracts with participating governments be approved
in a referendum by submitting "the e x tent of the dollar amount
or amounts involved."
�8.
Section 24 and Section 8(i) must be amended so as to authorize
the payment of participating governments of operating subsidies
if it should become necessary .
9.
Section 24(e) should be amended to eliminate the last sentence
which says that the authority is subject to and limited b y any
local act heretofore or hereafter enacted applicable to the
local governing body of any local g overnment. This language
is troublesome and we don't know e x actly what it means.
10.
Section 24(k) should be amended to eliminate the prohibition
of the use by the City of Atlanta of "its public funds" to
support rapid transit when taxes are being levied by Fulton
and DeKalb counties on subjects of tax ation within the city
limits. Such provision could prevent the city from g i ving us
the benefit of their l a nd office without cost and cedi rig to
us cert ain r i ghts-of -way a nd b e n efi t s in public s t reet~ , e tc.
11.
Section 24(1) should be amended to authorize contributions and
support from any municip ality in the five-county area rather
than limiting it to the defined term "local government" which
is limited to the City of Atlanta and the participa ting counties.
12.
S e c ti on 2 (j) should be ame nde d so a s to cle a r ly a u t hor i ze t h e
capitalizing of interest during construction as well as start-up
costs with r e spe ct to each section of the system as it is begun.
This section should also be amended so as to include the t otal
cos t o f th e s y s tem as de fin e d in 2 (g ).
13 .
S e c t ion 6 (i -2) should be ame nded t o e liminate the l ast sen tenc e
or t o make i t clear h ow a showing t h at t h e l easing or pu r chas ing
of a priva tely owned s y stem is essential to rapid transit.
14 .
Se c t ion 8 (e) s hould be amende d to el i minate th e payme nt o f
a ttorneys' fee s t o t ho se suing th e Author ity f o r trespas s.
15.
S e c tion 12 should be amen ded so as t o provide the Autho rity
wi th th e p ower o f e minent d oma in.
16.
Section 2 l (d) reg a r di n g t he exemp tion o f th e Au t hor i ty f r om
regu l ati on by p ub l ic s ervic e c ommissi on, etc . is a mbiguous and
should be clarifi e d .
17.
Section 22 should b e rewo rded so as t o allow the Au thority to
e s tab lish s elf- insura nce r es e r ves.
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  1. http://allenarchive.iac.gatech.edu/originals/ahc_CAR_015_021_005_021.pdf

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