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Old 04-07-2009, 09:32 AM
 
Location: Searching n Atlanta
840 posts, read 2,086,159 times
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I dont know alot about law or the court system

but I would think that maybe a company has the right to sue the governemnt when the government has a law forcing the company to pretty much go into bankruptcy or operate in the red when the company clearly has funds available to operate in the red and the state is using its power over the company pretty much to bully the company into shutting down or not operate efficiently.

What is the Capex V. Opex split?

I know what this is Capital Expensenses versus Operational Expenseses is, but this law is kinda goes against itself because if MARTA is not able to operate efficiently than there should be no capital projects implemented. Thats just business etiquette I've learned in school if you are not good now than you don't start something new to be bad at that too.

Last edited by Mgyeldell; 04-07-2009 at 09:41 AM..
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Old 04-07-2009, 09:43 AM
 
Location: Marietta, GA
7,887 posts, read 17,189,759 times
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Quote:
Originally Posted by Mgyeldell View Post
I dont know alot about law or the court system

but I would think that maybe a company has the right to sue the governemnt when the government has a law forcing the company to pretty much go into bankruptcy or operate in the red when the company clearly has funds available to operate in the red and the state is using its power over the company pretty much to bully the company into shutting down or not operate efficiently.

What is the Capex V. Opex split?
Capital Expenses and Operating Expenses. Current law dictates that they must split the sales tax revenue 50/50 between the two. Capital expenses are expenses to purchase new equipment or build new lines. Anything that can be put on the balance sheet and depreciated as an asset would be a capital expense. Operating expenses are those expenses that are incurred in the operation of the service. Paying worker salaries or buying fuel and electricity would be examples of operating expenses.

They can't sue to change the law, but they could ask the court to overturn the law if they can make the case that it viloates the state Constitution in some way, which I doubt is the case or it would have been challenged a long time ago.
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Old 04-07-2009, 09:49 AM
 
Location: Searching n Atlanta
840 posts, read 2,086,159 times
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Originally Posted by neil0311 View Post
They can't sue to change the law,
but isn't that how some laws are changed.
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Old 04-07-2009, 10:24 AM
 
1,817 posts, read 4,925,856 times
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Originally Posted by wxjay View Post
^Perhaps they could come up with a way of declaring the law unconstitutional or something. Hey, it's possible.
No...no they cant.

There is nothing in the Constitution preventing the state from giving money to MARTA.
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Old 04-07-2009, 10:51 AM
 
Location: Norman, OK
3,478 posts, read 7,254,112 times
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Originally Posted by skipcromer View Post
No...no they cant.

There is nothing in the Constitution preventing the state from giving money to MARTA.
Huh? The issue is not the state giving money to MARTA, it's the fact that they DON'T and have passed a law telling it how it must spend their money.

That to me sounds very strange. It's like the state government telling McDonald's they have to spend 50% of their revenue on building McCafes.
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Old 04-07-2009, 11:39 AM
 
1,817 posts, read 4,925,856 times
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Originally Posted by wxjay View Post
Huh? The issue is not the state giving money to MARTA, it's the fact that they DON'T and have passed a law telling it how it must spend their money.

That to me sounds very strange. It's like the state government telling McDonald's they have to spend 50% of their revenue on building McCafes.
Geez, same principle, i'll rephrase.

There is nothing in the constitution that says the state must give money to transit.

Happy?
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Old 04-07-2009, 11:42 AM
 
Location: Marietta, GA
7,887 posts, read 17,189,759 times
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Quote:
Originally Posted by Mgyeldell View Post
but isn't that how some laws are changed.
Without getting deep into it...yes, but not in this case. The courts can review laws for their constitutionality but there have to be grounds and standing for that challenge to take place. This situation doesn't fit.

The whole issue is whether or not MARTA should be allowed to use more than 50% of it's sales tax revenue to fund operating costs. Today they are capped at 50% and have capital funds in reserve, even though they are runnng an operating deficit.

I e-mailed my state Rep, my state Senator, the Gov., and the Lt. Gov. to urge them to address the MARTA and transportation option tax issues in a special session. I also made my displeasure known at how they've dragged their feet and abdicated their responsibility to lead. May I suggest that everyone does the same.
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Old 04-07-2009, 12:27 PM
 
Location: Searching n Atlanta
840 posts, read 2,086,159 times
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Quote:
Originally Posted by neil0311 View Post

I e-mailed my state Rep, my state Senator, the Gov., and the Lt. Gov. to urge them to address the MARTA and transportation option tax issues in a special session. I also made my displeasure known at how they've dragged their feet and abdicated their responsibility to lead. May I suggest that everyone does the same.
I've done the same to address the issue over MARTA and other transportation Issues Its really going to be devastating to people like my older brtoher who relies on the paratransit(MARTA mobility) almost everyday to get around. and it will hurt me going to school here at GSU. I really dont like driving in Atlanta to many people die everyday here for me to drive here I dont wont to be any of them people thats why I take Public transit and without MARTA its going to be harder for me to stay out of my car.


My State Senator is Vincent Ford and he is the committee chair for MARTOC and Email Him if you need to urging him to urge his fellow State Senators and Represenatives to do the special committee.

Last edited by Mgyeldell; 04-07-2009 at 12:47 PM..
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Old 04-07-2009, 01:43 PM
 
1,498 posts, read 3,107,254 times
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Originally Posted by wxjay View Post
We could make the same argument for building roads then. Why build roads to Perimeter Mall if it allows thugs and hoodlums to drive up, rob stores, and then get away?
Never said not to build MARTA to perimeter. I said using a zone fare system would probably mitigate the impact of the criminal element MARTA inevitably brings in.

Quote:
The zone fare system is NOT the answer and is not feasible for the size and scope of MARTA. Commuter rail systems that reach out far into the suburbs - absolutely. But a system that has three lines (I don't count the Bankhead extension) and reaches only 2 counties - no.
How do you know? No study has been conducted - you can assume what you want but until I see a feasibility study. Also, the BART, MARTA's "sister system" uses a zone fare system.

Quote:
I believe the problem there is not MARTA but it is having major retail. Whenever you increase the population in an area and open up retail stores, guess what - crime goes up. I am sure you are smart enough to know correlation does not mean causation.
Perimeter Mall was built in 1971. MARTA was built in 1996. Thats a 25 year gap - so you cant explain the increase in crime after 1996 as the opening of a major retail center. It had been open for 25 years.

I witnessed the "correlation" myself, and it was nothing of the sort. It doesnt take a rocket scientist to realize what would cause an area to change overnight like Perimeter did after MARTA came through.

Were you even living in Atlanta at the time? And if so, were you frequenting Perimeter?
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Old 04-07-2009, 01:47 PM
 
1,498 posts, read 3,107,254 times
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Quote:
Originally Posted by DeaconJ View Post
I have often seen MARTA police at stations and on the trains...each train has a uniformed officer on patrol at all times, and MARTA officers recieve the same training and certification as other law enforcement officers in Georgia. I have never witnessed MARTA officers neglecting their duty and socializing in groups, and I have searched for articles concerning the quality and competence of MARTA police, yet the search results have only been positive (with the exception of blog rants with nothing to back them up).



MARTA - Metropolitan Atlanta Rapid Transit Authority



Wikimania 2008/Bids/Atlanta - Meta



http://www.atlanta.net/pressroom/pre...%20Atlanta.PDF


One would think that with such an incompetent police force MARTA would be overrun with crime...MARTA Crime Statistics: MARTA - About MARTA - MARTA Police (http://www.itsmarta.com/police/crime_stats/comparison.htm - broken link)
If you were responding to me, thats completely irrelevant. Re-read the post. I was not talking about crime on MARTA property. I am talking about the sudden increase in crime a surrounding area experienced after a MARTA station opened up.

Another example: anyone frequent Perimeter Pointe movie theather? Ever notice the cop stationed there at night? When do you think that became necessary? I remember clearly - the spring of 2001... just a little while after the Sandy Springs station opened.
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