32-9-19. Transportation services contracts.

Notwithstanding the provisions of the MARTA Act, any county, municipality, special tax or community improvement district, political subdivision of this state within the metropolitan area, or any combination thereof may execute a transportation services contract with the authority to provide public transportation services, facilities, or both, for, to, or within such county, municipality, district, subdivision, or combination thereof. A transportation services contract executed pursuant to this subsection:#

1. (1)

   Shall not be a rapid transit contract subject to the conditions established therefor in Code Sections 32-9-20 and 32-9-22 or Section 24 of the MARTA Act;#

2. (2)

   May not utilize a method of financing those public transportation services or facilities provided under the contract which involves:#

   1. (A)

      The issuance of bonds under subsection (c) of Section 24 of the MARTA Act;#

   2. (B)

      The levy of the special retail sales and use tax described and authorized in Section 25 of the MARTA Act; or#

   3. (C)

      Both methods described in subparagraphs (A) and (B) of this paragraph;#

3. (3)

   Shall require that the costs of any transportation services and facilities contracted for, as determined by the board on the basis of reasonable estimates, allocations of costs and capital, and projections, shall be borne by one or more of the following:#

   1. (A)

      Fares;#

   2. (B)

      Other revenues generated by such services or facilities;#

   3. (C)

      Any subsidy provided, directly or indirectly, by or on behalf of the public entity with which the authority contracted for the services and facilities; or#

   4. (D)

      A special retail sales and use tax described and authorized in Article 5B of Chapter 8 of Title 48; and#

4. (4)

   Shall be for services on the regional transit plan and approved by the Atlanta-regional Transit Link ‘‘ATL’’ Authority.#

Notwithstanding the provisions of the MARTA Act, any county, municipality, special tax or community improvement district, political subdivision of this state outside the metropolitan area, or any combination thereof may execute a transportation services contract with the authority to provide public transportation services, facilities, or both, for, to, or within such county, municipality, district, subdivision, or combination thereof. Under a transportation services contract executed pursuant to this subsection:#

1. (1)

   The services and facilities shall be provided pursuant to a transportation services contract meeting the requirements therefor under subsection (a) of this Code section; and#

2. (2)

   The contract shall not authorize the construction of any extension of or addition to the authority’s existing rapid rail system.#