HomeMy WebLinkAbout6.i. Approve Joint Powers Agreement - Minnesota Valley Transit AuthorityAGENDA ITEM: Approve Joint Powers Agreement
Minnesota Valley Transit Authority
AGENDA SECTION:
CONSENT
PREPARED BY: Jamie Verbrugge, City Administrator
AGEN t a
ATTACHMENTS: Amended Joint Powers Agreement
(redlined version showing amendments)
APPROVED BY:
RECOMMENDED ACTION: Motion to approve the amended and restated VTA Joint
Powers Agreement
ACTION:
City Council Meeting Date: June 7, 2005
CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
BACKGROUND
The City of Rosemount is a patticipatmg entity in the Joint Powers Agreement for the Minnesota
Valley Transit Authority (MVTA).
ISSUE
The MVTA Board recently passed a resolution approving an amendment to the Joint Powers
Agreement to delete the term hinit of four years for the At Large Commissioner and At Large
Alternate The Board instructed its counsel, Best Flanagan, to draft the amended agreement and
send it to the cities for consideration and approval Accordingly, the redlined version of the Amended
and Restated MVTA Joint Powers Agreement has been provided for City Council approval and
execution.
City Attorney Lefevere has reviewed the amended language and found it to be in acceptable form. The
clean copy and signatory page will be executed by the Mayor following Council approval.
SUMMARY
Mayor Droste represents the City of Rosemount on the MVTA Board and currently serves as Chair
Mayor Droste can provide additional background if requested by Council.
AMENDED AND RESTATED
MVTA JOINT POWERS AGREEMENT
ESTABLISHING THE MINNESOTA VALLEY TRANSIT AUTHORITY
THIS AMENDED AND RESTATED MVTA JOINT POWERS AGREEMENT
"Agreement is by and among the Cities of Apple Valley, Burnsville, Eagan, Rosemount, and
Savage from hence forth to be known as the "Cities," municipal corporations organized under
the laws of the State of Minnesota. This Agreement amends and replaces the MVTA Joint
Powers Agreement adopted in March 1993 and amended in April 1994 by the Cities of Apple
Valley, Burnsville, Eagan, Prior Lake, Rosemount and Savage. The Agreement is made pursuant
to the authority conferred upon the parties by Minnesota Statute 473.384, 473.388, and
471.59.
WHEREAS, the Cities have completed a Project Study under the Metropolitan Transit
Demonstration Program;
NOW, THEREFORE, BE IT RESOLVED, in consideration of the mutual covenants
contained herein, it is hereby agreed by and among the Cities:
1. Name. The Cities hereby create and establish the Minnesota Valley Transit
Authority.
2. Purpose. The purpose of this Agreement is to provide public transit service for
the Cities pursuant to Minnesota Statutes 473.388.
3. Definitions.
(A) "AUTHORITY" means the organization created by this Agreement.
(B) "BOARD" means the Board of Commissioners of the Minnesota Valley
Transit Authority.
(C) "COUNCIL" means the governing body of a party to this Agreement.
(D) "METROPOLITAN COUNCIL" is the metropolitan council as
established by Minnesota Statutes 473.123.
(E) "PARTY" means any city which has entered into this Agreement.
(F) "TECHNICAL WORK GROUP" is a committee consisting of one staff
member of each party and each county which shall act as technical advisors to the Board.
4. Parties. The municipalities which are the parties to this Agreement are Apple
Valley, Burnsville, Eagan, Rosemount, and Savage (the City of Prior Lake has withdrawn).
Additional Parties may be added by the concurrence of all the existing parties. No change in
governmental boundaries, structure, organizational status or character shall affect the eligibility
of any party listed above to be represented on the Authority so long as such party continues to
exist as a separate political subdivision.
5. Board of Commissioners.
(A) The governing body of the Authority shall be its Board which will consist
of eight (8) voting commissioners. Each party shall appoint one commissioner, one
alternate commissioner, and a staff member to serve on the Technical Work Group. The
alternate commissioner and the Technical Work Group member may be the same person.
The commissioners from the cities of Burnsville, Eagan, and Apple Valley shall
additionally collectively appoint one commissioner and one alternate. This commissioner
and its alternate shall be appointed by the three commissioners aforementioned and shall
henceforth be known as the "at large commissioner" and the "at large alternate"
respectively, and will be appointed annually at the January meeting and will he limited to
serving four consccutive one year term.;. Metropolitan Council members who represent
the same cities as the MVTA, may serve as non voting ex officio members of the Board
of Commissioners. The Dakota County Board of Commissioners and the Scott County
Board of Commissioners shall each appoint one commissioner and one alternate
commissioner.
(B) Commissioners shall be a member of the Council of each party or its
designee, or for commissioners appointed by Dakota and Scott Counties, be a member of
the Board of Commissioners of the county making the appointment. The at large
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commissioner and alternate may or may not be an elected official as to be determined by
the commissioners from Apple Valley, Burnsville and Eagan and reviewed by the
aforementioned commissioners on an annual basis. Altemate commissioners may or may
not be an elected official as to be determined by each party, or for county commissioners,
their alternates shall be a commissioner of the county making the appointment. The
terms of office of commissioners shall be determined by the party or the county making
the appointment.
(C) A commissioner may be removed by the party or county appointing the
commissioner with or without cause.
(D) Commissioners shall serve without compensation from the Authority.
(E) Five commissioners, which must include at least three (3) of the
commissioners appointed by the parties', shall constitute a quorum of the Board.
Attendance by a quorum of the Board shall be necessary for conducting a meeting of the
Board. The Board may take action at a meeting upon the affirmative vote of a majority
of the commissioners present at a meeting, which majority must include at least three (3)
of the commissioners appointed by the parties or such a commissioner's alternate in his
or her absence.
(F) The Board may adopt rules and regulations governing its meetings.
(G) As the first order of business at the January meeting of each year, the
Board shall elect a chair, a vice chair, a secretary, a treasurer, and such other officers as it
deems necessary to conduct its business and affairs. The current chair shall facilitate
these elections. In the event that the current chair is no longer his/her city's
representative to the MVTA, the Vice Chair shall facilitate the election process. In the
event that both the Vice Chair and Chair are no longer its city's representative to the
MVTA, the board shall decide on another officer or commissioner to preside over the
elections. The newly elected chair shall then preside over the remainder of the meeting,
and all meetings henceforth until a new chair is elected.
6. Powers and Duties of the Authority.
(A) General The Authority has the powers and duties to establish a program
pursuant to Minnesota Statutes 473.384 and 473.388 to provide public transit service
to serve the geographic area of the parties with funding as provided in Minnesota Statutes
473.384, 473.388. 16A.88, and other applicable statutes, if any. The Authority shall
have all powers necessary to discharge its duties.
(13) The Authority may acquire, own, hold, use, improve, operate, maintain,
lease, exchange, transfer, sell, or otherwise dispose of equipment, property, or property
rights as deemed necessary to carry out the purposes of the Authority.
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(C) The Authority may enter into such contracts to carry out the purposes of
the Authority.
(D) The Authority may establish bank accounts as the Board shall from time to
time determine.
(E) The Authority may employ an executive director whose duties shall be to
administer policies as established by the Authority. The Executive Director shall be an
employee of the Authority. The Authority shall hire and terminate personnel and provide
for compensation, insurance, and other terms and conditions that it deems necessary.
(F) The Authority may enter into a contract for management services.
(G) The Authority may sue or be sued.
(H) The Authority shall cause to be made an annual audit of the books and
accounts of the Authority and shall make and file the report to its Members at least once
each year.
(I) The Authority shall maintain books, reports, and records of its business
and affairs which shall be available for and open to inspection by the parties at all
reasonable times.
(J)
parties.
The Authority may contract to purchase services from any one of the
7. Operating and Capital Costs, Budgets, and Financial Liability.
(A) The Authority shall have a fiscal year beginning January 1 and ending
December 31. On or before June 1 of each year, the Executive Director shall prepare an
estimated budget for the next fiscal year including an estimate of expenditures, operating
costs, capital costs and revenues and submit it to the Board for preliminary approval. The
Executive Director shall also submit the preliminary budget to the parties for approval
within thirty (30) days of the date of submittal. The budget shall be deemed approved by
a party unless the party disapproves the preliminary budget within said thirty (30) days.
The Board shall review and approve or disapprove the budget. The approved budget shall
be submitted to the Metropolitan Council, or its successor, for approval. The budget may
be adjusted from time to time on the basis of actual costs incurred or changes in estimated
revenue or expenditures. In the event of an adjustment of the budget, there shall be
furnished to each party a computation of the adjustment.
(B) The annual financial contribution to the Authority of each party shall be
the total amount of assistance appropriated to each party plus the total amount, if any,
each party levies, pursuant to Minnesota Statutes 16A.88, 473.384 and 473.388. A
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party shall obtain approval of the Authority before it levies funds to contribute to the
Authority.
8. Insurance. The Authority shall purchase liability insurance coverage to cover the
activities of the Authority. The Authority shall provide all parties with copies of the
liability insurance coverage documents. The liability insurance coverage shall provide all
parties with sixty (60) days notice of cancellation, material change or termination of
coverage. In the event the liability insurance coverage is cancelled, or otherwise
becomes unavailable, the Authority shall procure similar liability insurance coverage
from another entity. The Authority shall purchase insurance in addition to liability
insurance in such amounts and on such terms as the Authority shall determine.
9. Duration of Agreement. This Agreement shall continue in force commencing on
January I, 1991 and as amended in April, 1994 and April. 2002, and amended and
restated herein and thereafter from year to year, subject to withdrawal by a party or
termination by all parties. Withdrawal by any party shall be effected by serving written
notice upon the other parties no later than February 15 of the year at the end of which
such withdrawal is to be effective. Withdrawal from the Agreement by any party at the
end of the calendar year shall not affect the obligation of any party to perform the
Agreement for or during the period that the Agreement is in effect. Withdrawal of any
party or termination of the Agreement by all parties shall not terminate or limit any
liability, contingent, asserted or unasserted, of any party arising out of that party's
participation in the Agreement.
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10. Distribution of Assets. In the event of withdrawal of any party from this
Agreement, the withdrawing party shall not be reimbursed, except that ownership of a
capital asset located within the city limits of the withdrawing party that was funded solely
with funds levied by the withdrawing party pursuant to Minn Stat. 473.388, Subd. 7
shall be transferred to said party by the Authority. In the event of termination of this
Agreement by all parties, all of the assets which remain after payment of debts and
obligations that are not (i) required by terms of state statutes, federal statutes, or contracts
with the Metropolitan Council or federal agencies to be available for regional use for
transit purposes or to be transferred to the Metropolitan Council or federal agencies or (ii)
a capital asset located within the city limits of a party that was funded solely with funds
levied by said party pursuant to Minn. Stat. 473.388, Subd. 7, shall be distributed
among the municipalities who are parties to this Agreement immediately prior to its
termination, subject to the terms and requirements of obligations issued by one or more
municipalities pursuant to Minn. Stat. Section 473.388, Subd. 7, in accordance with the
following formula: Each municipality shall receive that percentage of remaining assets
determined by dividing the total amount of which that municipality contributed to the
Authonty by all the municipalities who are parties to this Agreement immediately prior
to its termination. Ownership of a capital asset located in the city limits of a party that
was funded solely with funds levied by said party pursuant to Minn Stat. 473.388,
Subd. 7 shall be transferred to said party. The amount of the distribution to any party
pursuant to this Agreement shall be reduced by any amounts owed by the party to the
Authority.
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IN WITNESS WHEREOF, the undersigned government units, by action of their
governing bodies, have caused this Agreement to be executed in accordance with the authority of
Minnesota Statutes 471.59.
Adopted this day of 200_
CITY OF APPLE VALLEY
By:
Its:
Al 'EST:
11. Effective Date. This Agreement shall be in full force and effect when all five
(5)parties, delineated in paragraph 4 of this Agreement, sign this agreement as amended
and restated herein. All parties need not sign the same copy. The signed Agreement
shall be filed with the Executive Director, who shall notify all parties at the earliest Board
meeting of its effective date Until this Agreement, as amended and restated, is signed by
all parties, the preceding Agreement shall stay intact and in effect.
By:
Its:
STATE OF MINNESOTA
)ss.
COUNTY OF DAKOTA
On this day of 200_, before me a Notary Public within and for said
County personally appeared and
to be personally known, who being each by me duly
sworn, each did say that they are respectively the Mayor and Clerk of the CITY OF APPLE
VALLEY, the municipality named in the foregoing instrument, and that the seal affixed to said
instrument was signed and sealed in behalf of said municipality by authority of its City Council,
and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said
municipality.
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(SEAL)
Adopted this day of 200
CITY OF BURNSVILLE
By:
Its:
ATTEST:
By:
Its:
STATE OF MINNESOTA
)ss.
COUNTY OF DAKOTA
On this day of 200 before me a Notary Public within and for said
County personally appeared and
to be personally known, who being each by me duly
sworn, each did say that they are respectively the Mayor and Clerk of the CITY OF
BURNSVILLE, the municipality named in the foregoing instrument, and that the seal affixed to
said instrument was signed and sealed in behalf of said municipality by authority of its City
Council, and said Mayor and Clerk acknowledged said instrument to be the free act and deed of
said municipality.
(SEAL)
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NOTARY PUBLIC
NOTARY PUBLIC
Adopted this day of 200
CITY OF EAGAN
By:
Its:
ATTEST:
By:
Its:
STAIN OF MINNESOTA
)ss.
COUNTY OF DAKOTA
On this day of 200, before me a Notary Public within and for said
County personally appeared and
to be personally known, who being each by me duly
sworn, each did say that they are respectively the Mayor and Clerk of the CITY OF EAGAN, the
municipality named in the foregoing instrument, and that the seal affixed to said instrument was
signed and sealed in behalf of said municipality by authority of its City Council, and said Mayor
and Clerk acknowledged said instrument to be the free act and deed of said municipality.
(SEAL)
9
NOTARY PUBLIC
Adopted this day of 200
CITY OF ROSEMOUNT
By:
Its:
ATTEST:
By:
Its:
STATE OF MINNESOTA
)ss.
COUNTY OF DAKOTA
On this day of 200 before me a Notary Public within and for said
County personally appeared and
to be personally known, who being each by me duly
sworn, each did say that they are respectively the Mayor and Clerk of the CITY OF
ROSEMOUNT, the municipality named in the foregoing instrument, and that the seal affixed to
said instrument was signed and sealed in behalf of said municipality by authority of its City
Council, and said Mayor and Clerk acknowledged said instrument to be the free act and deed of
said municipality.
(SEAL)
10
NOTARY PUBLIC
Adopted this day of 200
CITY OF SAVAGE
By:
Its:
ATTEST:
By:
Its:
STATE OF MINNESOTA
COUNTY OF SCOTT
(SEAL)
010252 95071211832845
)ss.
On this day of 200, before me a Notary Public within and for said
County personally appeared and
to be personally known, who being each by me duly
sworn, each did say that they are respectively the Mayor and Clerk of the CITY OF SAVAGE,
the municipality named in the foregoing instrument, and that the seal affixed to said instrument
was signed and sealed in behalf of said municipality by authority of its City Council, and said
Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality.
li
NOTARY PUBLIC
Stags Nrts
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