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HomeMy WebLinkAbout6.j. Surburan Transit Association Joint and Cooperative Agreement � , CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COLINCIL MEETING DATE: February 4, 1997 AGENDA ITEM: Suburban Transit Association Joint and AGENDA SECTION: Cooperative Agreement Consent —�-�� d � PREPARED BY: Rick Pearson, Assistant Planner AGENDA NO. � � . �` ATTACHMENTS: Memorandum, Agreement APPROVED BY: Rosemount participates with the other member cities of the Minnesota Valley Transit Authority in the Suburban Transit Association(STA). The STA includes the other"Opt-out" transit providers - Southwest Metro, Plymouth Metrolink among others. STA is essentially a lobby association intended to protect and improve opt- out transit service at the legislature. The attached joint and cooperative agreement will be signed by all member cities to continue the legislative agenda of the STA for the next year. Rosemount has already paid the required dues which have or will be reimbursed by the MVTA. RECOMMENDED ACTION: Motion authorize the execution of the Suburban Transit Association Joint and Cooperative Agreement. r COUNCIL ACTION: 02/04/97 TUE 15:09 F�Y 6128827600 �N V�LLEY TRANSIT l�002 rh��Vl ;��c��,cnLl � �t: p� p h 1 (1 �1 '] , � 1tLtilL.l ��tYGUi iI. �I �jV ��.��J��T. I��.l1��IvV�. J�O�I IJ=1�-r» C % < - ' M ESSERLI & KRAM ER P. A. ��L�.�n+� F. MEssEqu ATTORNEY5 AT tAW R038 C. KplwMGl7 � J09EPM H. LpwvER TCn rocnc t�E/aGUE Oc M�NNE$OTA CrTIG.i BtI�LDiNa �. TSAwt .,,.«os� IiONAi,O a. �GTLR$OW GAt77�r, BECKE�i M�RK 5. U�q60N SUi�TE 45Q � nwn r1. $R.TNCB RQBEfiT Q,RENNCA,JR, JON�I F, qpfT2 � GtOttG6 R. 6Efi0AR I�S tlNIVEI�SiTY Av��yUE WEST '�fNCr7VT C. GLU 9ANpRp L. N6RGN LIND�a S.1EN9E�l . GMRISTOP�{�R B. HUNT ST. PqUL, MtNNESOTA�b6103-20ar1 ����'E G. ��rvrn � . JAMEa G.'�'1CRA m/IlL1AM B. @UTLER � �ANtE,�J, �301A8Cfi0 � � te12} 22Q''3757 . JEFFAEI'N_ ELLI$ JOfiGOH 1!, nfl!QPnpgRG . r'7aDi-7VLtKa�sin KI(.L(AM C. HICK$ FqCS�MILE ���?} 2�dB�97j7 MANTIN n_ MUENZM4IER . N�4�.�MlV 11. N/�Q(CMT L7MN I`1., HIGnOl3 � .ICFeN�.+. CpNO � .+L�Ciw Al. ORAKE p/�UL 7V.I�NQrQ�ON � �LTY0012Cp TO 04nCTlCC Lwv lN.»�Nwq;.orn,���COM„�v, sTEPMANt M� MINZE iLL1NOf�.�0��,AUTn OwKpT�.1'L71iiO��wi0 wti,�.��.GTGN,O C . Or=7VN�CL � `�Q�TEA�9 O�RECT qu�rvUnBE�i � OANIEL 5_ K�EINBERGER 1tJ.�i1�lOL1.L?1�1J Vl�l . DATE: �tovember 26, 1996 1`O: STA Members FROM: Bob Renner, Jr. STA Legislative Coneultant �= Amendmente to the Suburban Tra.nsit Association •loint s.n.d Cooper.ative Agreement Piease find attached � resolution which shouid be adopted by your city council_ This r.esolution executes an amended Joint and Caoper.ative AgreemeD t creating the Subur.ban Transit A.ssociation (STA)_ After its adoption, please me.il a sign,ed copy of the resoiution to my assistant, Jennifer Peterson, in the enclosed envelape_ The STA Bnard o�I?irectors approved several amendm�nts to the Joint and Cooperative �greemeat at it3 November 20, 1�96 meeting. I have attached a copy of the Agreement with de]eted Ianguage stricken and new Ianguage underlined. It is necessary for alI citiea that signed the original Agreement to ad�pt the attached resotution befare the proposed amendments are opezative. A brief explanation of the amen.dments follows. ARTICLE 8, SFCTION 8_1 This section is amended by deleting the requirement that an annual organizationai n�eeting be held each October_ The October date was awkvJard because members and officers of the STA elected in nctober may be defeated in city elections held 'zn No�ember. ��� If this amendment is adopted, the annu.ai organizaLion.aJ m:eeting will Ge held after the general election in Noveraber. 02/04/97 TUE 15:10 F�Y 6128827600 i1N V�LLEY TRANSIT C�003 � r�um 1V�LUJL:LLI � :1��.�,i1Ln . 3 . (WE�) i �, '�%� 9G I 0:iJ=li ST, 10:U%;'�G. .:;50�1 ! ����� F, ; ` . - � � � - ARTICLE 10 SFCTION Ia2 � The date when dues to the STA a.re due has l�een chsnged from October to January 15 of the subsequent year. 2his date cha.age ie neceesa.ry since the annouat of dues will not be set until the Boaz�d of Directars approved duea at the orga.nizational meetzng heid in Novea�ber or December. ARTICLE IO SECTION IQ.3 Thi.s amendment is substantive. The current Agreement states that the STA budget is d.eemed approved umleas a party tc� the Agreemen.t withdraws iz� writing by September 15. The anaeAdment propo9es that the Baar.d approoe the annuai budget at its orgau.i.zational meeti.ng in November or December. !�ftTICL� 11. SECTION 11 1 Thzs amen.dment changes the effective date fo� withdrawal of a member from October I to December 31_ The date by whsch a membez must natify the STA of its inte�.t to withdraw remains September lh_ This amendment was made because the dues paid by each mem6pr covexs membership from �Tanuary 1 to Decem�er 31_ i apprectate your cooperatioa i�, this amen:dment process. ff you have anY questions, please caIl me ox Lynn. Nichole at 228-9767_ . 1tL:R:tiy;97Mb_I�Y51r- � . �� 02/04/97 Tli� l�:ll I':1Y 6128827600 �iN E':�I.LEY TRA�SIT I�j004 i � November, 1995 JOINT AND COOPERATIVE AGftEEMENT PftELT11�IINARY STATEMENT The Parties to this Agreement are governmental units of the State of Minnesota. 1�Iinnesota Statute §471.59 permits two or more sub-units, by aaxeemPnt �f their governing bodies, to jointly and cooperatively exercise a.ny power common to each of the�n. Pursual�L i,u sta�ul.ory authorizatian, the Parties to this Agreement have chosen to execute a joint powers agreement providing, in essence, for the development of programs on matters of mutual concern and ', interests. ' ARTICLE l. ' GENER.AL PUR.P4SE ' The primary purpose of this Agreement is for the member muzucipalities and affiliate '' members, such as transit cammissions or assaciations previously created by a joint powers li agreement, to jointly and cooperatively develap programs on matters of mutual concern and ! interest, and identify, review, and to actively oppose proposals which may be in conflict with the interest�s of the members. T�ie or�anizatiuci forrtied pursuant tu t,lus Agreernent will be funded by member municipalities' contributions to be used for the retention of professional assistance, informatian preparation and dissemination, research, and other activities that may from time to time be authorized by the membership. ARTICLE 2. NAME The Paities hereto agree to establish an organization to be known as the Suburban Tra.nsit Association to carry out the objectives of this Ab eement. L------ -- l OZ/04/97 TUE 15:11 Fa% 6128827600 HN V�LLEY TR�NSIT (�005 i ' ARTICLE 3. DEFIrtITION OF TERMS For the purpose of this Agreement, the terrns defined in this Article shali have the me�nir.gs biven them hy this Article. 3.1) "Board" means the governing body of the Association. 3.`L) "Association" means the organization created pursuant to this Agreement. 3.3) "Authority" means the governing body of a Party. 3.4) "Board Members" means the persons appointed pursuant to this Agreement to serve as Members of the Board. 3.5) "Party" means a municipality which has entered into this Agreement. 3.6) "Aff'iliate Member" means an organization, commissian, associatian or municigality which has entered into this Agreement, but does not have the same voting rights and privileges as a Party. ARTICLE 4. ADDITI�NAL PARTIES ?iny other organization, commission, assoc:iai.iun or �n�.uiicipality uiay become a Party or Affiliate Member upon approval by a majority of the then Parties and upon full payment of the annual dues. ARTICLE 5. EFFECTIVE DATE A municipality shall enter into this Agreement by duly executing a copy of this Agreement and by filing such copy, together with a certified copy of the authorizing resolution, with the Association Chair. This Agreement shall become effective upon approvat by at lPast two (2) Parties, or on October 1, 1995, whichever is sooner. AR.TICLE 6. � POWERS AND DUTIES OF THE ASSOCIATION ' The powers and duties of the Association shall include the powers set forth in this article. ' 6.1) It may establish legislative programs embodying proposed legislation and positians on proposed legislation. 2 02/04/97 TliE 15:12 FaT 6128827600 )1N VdLLEI TR:INSIT I�]006 j � " 6.2? It may take such action as it deems necessary and appropriate to accomplish the �eneral purposes of this Association. �� 6.3) It may consult with persons knowledgeable in the legislat,ive prucess ! and persons having a special interest therein, such as tegislators, � research organizations, educational institutions, other poiitical Subd.ivisi0ns, municipal organizations, rPgi�iatory organizations technical experts, and auy other persons who can provide pertinent information concerning legislativii uf ici�erest to the Association. 6.4) It may provide far the prosecution, defense, or other participation in II actions or proceed.ings at law in which it may have an interest, and ', may employ counsel for that purpose. !� 6.5? It may conduct such research and investigation and take such action ' as it deems necessary, including participation and appearance in proceedings of any metropolitan, state, federal, regulatory, or legisiative or administrative bodies, on any proposed or existing law, biil, or recommendation related to or affecting any or all members. 6.6) It may enter into any contracts deemed necessaxy by the Board to carry out its powers and duties, subject to the provisions of this Agreement. 6.7) It may contract wii:h any �f the Parties or others to provide space, services, or materials on its behal£ Any contracts let or purchases made shall conform to l,lie requiresiients applicable to Minnesota statutory cities_ 6.8) It may accept d its, apply for grants, enter inta agreements required in connection therewith and hold, use and dispose of maney or property received as a gift or grant in accordance with the terms thereof. 6.9) It shall cause an annual audit of the books of the Association to be made by arn independent auditor, or an independent auditor of a member city, whichever the Board determines. It shall make an annual financial accounting and report in writing to the Yarties. Its books and records shall be avaiiahle for and open to the examination by the Parties at all reasonable times. It shall establish the annual budget far the Association as provicie�l in this Ag�-eemezit. 6.10) It may establish and delegate authority to a Committee(s) between Association meetings. Such delegation of authority shall be by resolution of the Board and may be recond.itioned in such manner as the Board may determine. 6.11) It may exercise any other power necessary and inciaentaJ. to the implementation of its powcrs and duties. �' 3 U2/04/97 TUE 15:13 FA.I' 6128827600 hiN V�LLEY TRANSIT I�U07 i I . � I� AR.TiCLE 7. ` �I BOAR.D OF MEMBERS �' 7.1) The governing body of the Association shall �e its Board of Members. �'', Each Party shall be entitled to one Board Member. Each Board j Member shall have one (1) vote. The Authority af cach Party shall ' appoint its one tI) Board Member, who shall be an active Council or ' Authority member. A preference should be made by the Authority to , appoint council members wh� also serve on a tra.nsit commission or ' association previously created hy a joint pawers agreement to serve on ', the Board of Members. Board Nlembers shall senre without ' compensation from the Association. ' ?.2) Proxy voting by a Board Member's designee shail he p�rmitted. 7.3) Each Board Member shall serve un.til that Board Mecnber's successor is appointed and assumes his or her responsibilities. Board Members shall serve at the pleasure of the Party appointing them. When a Party appoints a Board Member, it shall give notice of such appointment to the Association's Secretary/Treasurer. 5uch notice shall include the mailing address of the person so appointed. The names and addrPsses shown on such notices may be used as the official names and addresses for the purposes of giving notices of any meetings uf the Association. 7.4) A simple majority of the Board of Members shall constitute a quorum of the Board. 7.5) A vacancy on the Board shall be filled by the Authority of the Party whose position an the Board is vacant. ARTICLE 8 MEETLNGS 8.1) The Association shall meet at least semi-annually and shall hold an a.n.nual organizational meeting i�te�er- 82) The Boaxd shall adopt Bylaws governing its procedures, including the time, place, and frequency of its regular meetin.gs. Such Bylaws may be amended from time to time. , � ..�� � � � � � 4 ( � i , I ___.