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Copyright 1993: City of St. John's,
St. John's, Newfoundland, Canada
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BY-LAW NO. 1308
AMENDMENT NO. 1407 & 1463
TRANSPORTATION COMMISSION BY-LAW
PASSED BY COUNCIL ON May 17, 93


WHEREAS by Resolution made the 30th day of April, A.D., 1958, the St. John's Municipal Council (hereinafter referred to as the "Council") in pursuance of the powers vested in it under and by virtue of the City of St. John's Act, established and appointed the ST. JOHN'S TRANSPORTATION COMMISSION (hereinafter referred to as the "Commission") and charged the Commission with the sole responsibility of operating, managing and controlling a bus service in the City of St. John's and environs and transferred to the Commission the exclusive right to operate a bus service;

AND WHEREAS pursuant to its appointment, the Commission has, to date hereof, operated, managed and controlled a bus service in the City of St. John's and environs;

AND WHEREAS the Council has deemed it proper and appropriate that a bus service should continue to be operated, managed and controlled by the Commission but subject to certain changes being made in the structure, functions and policies of the Commission, as hereinafter more particularly set out, in order to provide for the more efficient operation of the bus service;

AND WHEREAS it is a policy of the Council to promote and encourage the use of public transportation in the City and to improve and expand a bus service in the City to provide a more efficient and better service to the travelling public;

NOW THEREFORE under the provisions of the City of St. John's Act, R.S.N. 1990, Chapter c-17, Section 213, the St. John's Municipal Council in public session convened this 17th day of May, A.D., 1993 hereby passes and enacts the following By-Law:

BY-LAW

Appointment 1. (1) The establishment and appointment of the ST. JOHN'S TRANSPORTATION COMMISSION by the City on the 30th day of April, A.D., 1958 and the vesting therein of the exclusive right to operate a bus service together with the sole responsibility, on behalf of the Council, to operate, manage and control a bus service in St. John's and environs is hereby continued under the terms of this By-Law.

Objects (2) For greater certainty, the object of the Commission shall be the carrying out of the power of the City under and by virtue of Section 213 of the City of St. John's Act, R.S.N. 1990, Chapter c-17, to operate, manage and control a bus service on behalf of the Council to serve the City.

Duties (3) In carrying out its objects, the Commission shall:

(a) attempt to provide the best and most efficient bus system at the lowest possible cost to the ratepayers of the City;

(b) review from time to time the operation of the bus service with a view to the improvement, development and expansion of the service in order to encourage the use of public transit in the City.
COMMISSION

Composition 2. (1) The Commission shall consist of seven members to be appointed by Council, one of whom shall be the Chairperson and six of whom shall be Commissioners.
          (2)At least two of the six Commissioners shall be members of Council and in addition the Chairperson may be a member of Council.

Term of office (3) (a) A member may be appointed for a term not exceeding two years and is eligible for re-appointment for a further term of two years.

(b) Notwithstanding the foregoing, upon the expiry of the second term of four commissioners on December 31, 2003 the term of two of them shall be extended for a further period of one year.

(c) Notwithstanding section 3(a), the Chairperson may be appointed for more than two terms.
        (4) Before being eligible to be appointed as Chairperson, a person must have served at least one two year term as a Commissioner.
        (5) (a) Where a Commissioner position becomes vacant Council shall appoint a person to serve for the remainder of that member’s term.

(b) A Commissioner appointed under subsection 5(a) shall complete the aforesaid term and be eligible for a second term.

    Vice-Chairperson (6) Members of the Commission shall appoint one of the Commissioners to be Vice-Chairperson to act in the absence of the Chairperson.

Quorum (7) Four members of the Commission shall constitute a quorum.

Remuneration (8) The members of the Commission shall be paid such annual remuneration payable in monthly instalments as shall be determined by the Council from time to time and the remuneration and expenses incurred by members shall be a charge against the operation of the bus service.

Indemnity (9) The Council hereby unconditionally indemnifies the members of the Commission individually and collectively against all actions, claims and demands which may be made against them in respect of any act, deed or other matter arising out of or incidental to the operation, management or control of the bus service, except in the case of any wilful default or dishonesty on the part of a member. (Section 2 amended 2004-01-05; #1463)

Fiscal Year 3. (1) The fiscal year of the Commission shall be the calendar year.

Budget (2) Not later than forty-five (45) days before the beginning of each fiscal year, the Commission shall submit to the Council a budget of the projected expenditures (including operating and capital expenditures) and projected revenues for the coming fiscal year and the Council shall review the expenditures and revenue projections submitted and not later than the beginning of the fiscal year shall notify the Commission of the extent to which the projected expenditures and revenues are given approval by the Council.

Financial Report (3) Not later than the 1st day of May in every year, the Commission shall submit to the Council audited financial statements for the preceding year including a statement of revenue and expenditure and a balance sheet showing the financial position of the Commission. The Commission shall forward to the Council monthly statements of revenue and expenditure.

Auditors (4) The Commission shall appoint auditors on an annual basis.

Bankers (5) The Commission shall maintain a bank account with a recognized banking institution in the City of St. John's.

Subsidy (6) The Council shall be liable for and shall pay to the Commission the amount by which the actual total expenditures made by the Commission in respect of the total projected expenditures approved by the Council exceed the actual total revenues of the Commission in each fiscal year and the Council shall pay to the Commission from time to time throughout the fiscal year such amounts in respect of the projected excess of expenditures over revenues as may be necessary to maintain the Commission in a liquid financial condition.
OPERATIONS

Powers 4. (1) The Commission is empowered to do all acts and things incidental to or consequential upon the exercise of the duties of the Commission to operate, manage and control the bus service or conducive to the attainment of any of the objects of the Commission with respect to the promotion and extension of the use of public transit in the City, and in particular, but not so as to restrict the generality of the foregoing, the Commission shall have the sole power:

(a) to establish and regulate in consultation with the Council, the fares to be charged to patrons;

(b) to issue and cancel passes to individual patrons or classes of patrons;

(c) to establish bus routes and to modify, extend or cancel same from time to time as ridership demands or the economics of operation of any route warrants or as road or other driving conditions permit;

(d) to engage and fix wages and salaries for all employees necessary for the operation of the bus service and to lay off, discharge for cause, or retire any employee as the Commission sees fit;

(e) to accept charters for the transport of passengers to and from points within the limits of the City and to points outside the limits of the City and to set the rates to be charged from time to time for such charters.

(2) The Commission may apply to the Council to extend the operations of the bus service to areas and places outside the limits as they exist from time to time in accordance with the provisions of Section 213 of The City of St. John's Act.

Insurance (3) The Commission shall at all times insure the real property and assets of the bus service and shall at all times carry public liability and indemnity insurance in connection with all phases of the operation.

Property (4) The Council agrees that, upon a determination by the Commission, additional space and facilities for a bus terminal, maintenance depot or administrative offices are required for the proper and efficient operation, management and control of the bus service, the Council will use its best efforts to acquire and make available to the Commission an additional site or sites (the location of which is to be agreed upon between the Council and the Commission) suitable for the expansion of the facilities of the Commission, and in anticipation thereof, the Council agrees to have regard to the projected site requirements of the Commission when setting planning and development priorities for the City.
RELATIONS WITH COUNCIL

5. When the Council approves of the development of a new residential subdivision in the City, which may require an extension of the bus service to service that development properly, the Council shall consult immediately with the Commission to enable the Commission to determine the nature, extent and cost of any additional service that may be needed and the manner and time of its implementation.




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