HomeMy WebLinkAbout4.o. Minnesota Valley Transit Authority Joint Powers Agreement 1 `
L City of Rosemount
Executive Summary for Action
City Couacil Meetiag Date: Jvae 7 1994
Ageada Item: Minnesota Valley Transit Ageada Sectioa:
Authority (NNTA) Joint Powers CONSENT AGENDA
Agreement
Prepared By: Richard Pearson Agenda Nos
Assistant Planner �TEM # �+ �
Attachmeats: MVTA Joint Powers Agreement Approved By:
(Draft)
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The Board of the Minnesota Valley Transit Authority is requesting
that the City Council approve the attached Joint Powers Agreement
which establishes the NNTA. The proposed additions to the
Agreement are indicated by underlining. The proposed deletions are
lined out.
The most substantial change to the Agreement is the addition of two
voting commissioners representing Dakota and Scott Counties. The
idea is to improve coordination of the transit services and try to
eliminate the possibility of redundant services.
Recommeaded Actioa: MOTION to approve and authorize the
execution of the MVTA Joint Powers :4greement establishing the
Minnesota Valley Transit Authority (MVTA) .
City Council Action:
6-07-94.003
MVTA JOINT POWERS AGREEMIIVT
ESTABLISHING THE NIINNESOTA VALLEY TRANSTT AUTHORITY
Amended Mazch 1993,March 1994
THIS JOINT POWERS AGREEMENT is by and among the Cities of Apple
Valley, Burnsville, Eagan, Prior Lake, 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 is made pursuant to the authority conferred
upon the parties by Minnesota Statutes §§473.384, 473.3$8, 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.
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(D) "REGIONAL TRANSIT BOARD (RTB)" is the regional transit
board as established by Minnesota Statutes �473.373.
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{.�}-� "PARTY" means any city which has entered into this
Agreement.
�� "TECHNICAL WORK GROUP" is a committee consisting of
one staff inember of each party which shall act as technical advisors to the
��se�-Ee�Tee-��-the Board and shall also serve as the party's
alternate comrnissioner.
4. Parties. The municipalities which are the original parties to this
Agreement are Apple Valley, Burnsville, Eagan, Prior Lake, Rosemount, and
Savage. 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 s�,"� nine 9 voting commissioners> Each party shall
appoint one commissioner, and one alternate commissioner who shall also
serve on the Technical Work Group. 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 be limited to serving four consecutive one year terms, Reg.ional
Transit Board member who represents the same cines as the MVTA, may
serve as non-voting ex officio members of the Board of Commissioners. The
Dakota Countv Board of Commissioners and the Scott County Board of
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Commissioners shall each a�point one commissioner and one alternate
commissioner.
(B) Commissioners shall be a member of the Council of each party
or its designee, or for commissioners a�p, ointed by Dakota and Scott
Counties, be a member of the Board of Commissioners of the county making
the ap�ointment. The at large 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. Alternate commissioners, with the
exception of the at large alternate, shall each be a member of the staff of a
party and shall serve on the Technical Work Group, or for countv
commissioners, their alternates shall be staff of the countv making the
a�pointment. The terms of office of commissioners shall be determined by
ea�� the party or the coun , makin� the a�pointment.
(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) At least#-�e-4� four 4 of the Board members �� }'�� R^�ra
a�pointed by the �arties 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 an affirmative vote of
#�e-{� four 4 of the commissioners a�poirnted by the arties or such a
commissioner's alternate in his or her absence.
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(F)
, The Board may adopt rules and regulations goveming
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 citv's re�resentative to the MVTA, the Vice Chair
shall facilitate the election �rocess. 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�reside over the remainder of ineeting 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. The
Authority shall have all powers necessary to discharge its duties.
(B) 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.
(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 duty
shall be to administer policies as established by the Authority. The executive
director shall be an employee of the Authority. The Authority may enter into
employment contracts with other personnel and may provide for
compensation, insurance, and other terms and conditions that it deems
necessary.
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(F� The Authoriry may enter into a contract for management
services.
(G) The Authority may sue or be sued.
(� 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.
(1� 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) The Authority may contract to purchase services from any one
of the parties.
(K) Without the unanimous approval of the Board, the Authority
shall not purchase buses, motor vehicles, buildings, real estate or lease the
same for a period in excess of five (5) years.
7. Operating Costs, Budget, and Financial Liabilify.
(A) The Authority shall have a fiscal year beginning January 1 and
ending December 31. On or before October 1 of each year�the Executive
Director shall prepare an estimated budget for the next fiscal year including an
estimate of expenditures, operating costs, and revenues. Capital expenditures
and operating costs shall be limited to revenues received pursuant to
Minnesota Statutes ��473.384 and 473.388, and estimated revenues to be
received from operation of the transit system. The Board shall review and
approve or disapprove the budget. 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 which each party receives pursuant to
Minnesota Statutes �§473.384 and 473.388.
8. Insurance. The Authority shall purchase insurance in such amounts
and on such terms as the Authority shall determine.
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9. Duration of Agreement. This Agreement shall continue in force
commencing on January 1, 1991 and as amended in March 1993�March 1994, 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 January IOth of the year at the end of which such
withdrawal is to be effective. Withdrawal from the Agreement by any party af 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.
10. Distribution of Assets. In the event of withdrawal of any party from
this Agreement, the withdrawing party shall not be reimbursed. In the event of
termination of this Agreement by all parties, all of the assets which xemain after
payment of debts and obligations shall be distributed among the municipalities who
are parties to this Agreement immediately prior to its termination 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 Authority during the previous five (5) years by the
total amount contributed to the Authority over the previous five (5) years by all the
municipalities who are parties to this Agreement immediately prior to its
termination. 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.
11. Effective Date. This Agreement shall be in full force and effect when
all six (6) initial Members, delineated in paragraph 4 of this Agreement, sign this
agreement as amended "��r^'� '��� March 1994. All Members need not sign the
same copy. The signed Agreement shall be filed with the Executive Director� who
shall notify all Members at the earliest Board meeting of its effective date. Until this
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Agreement, as amended, is signed by all Members, the preceding Agreement shall
stay in tact and in effect.
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.
NOTARY OF EACH
Adopted this day of , 1993. SIGNATURE BELOW
CITY OF APPLE VALLEY
By •
Its: Notary Public
ATTEST:
BY�-------------------- ------- ------
Its: Notary Public
Adopted this day of , 1993.
CITY OF BURNSVILLE �
� BY � -------------------- ------ ----------
Its: Notary Public
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ATTEST:
BY�-------------------- ----- -----------
Its: Notary Public
Adopted this day of , 1993.
CITY OF EAGAN
By �
• -------------------- ------------------
Its: Notary Public
ATTEST:
By•
Its: Notary Public
Adopted this day of , , 1993. .
CITY OF PRIOR LAKE
BY • ------------------ ------------ ----
Its: Notary Public
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ATTEST:
BY�-------------------- ------------------
Its Notary Public
Adopted this day of , 1993.
CITY OF ROSEMOUNT
-----------------------
BY • ------------------- ---------- ------
Its: Notary Public
ATTEST:
BY�------- ----------- ------------------
Its: Notary Public
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Adopted this day of , 1993.
CITY OF SAVAGE
BY • -------------------- ------------------
Its: Notary Public
ATTEST:
BY�-------------------- ------------------
Its: Notary Public
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