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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) / • 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. � (D) "REGIONAL TRANSIT BOARD (RTB)" is the regional transit board as established by Minnesota Statutes �473.373. � �. „ , {.�}-� "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 -2-JOINT POWERS AGREEMENT, MVTA � 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. �'A�E`-8�t1,�^. t,.tt�,�.,;..�. ,�.,.,�,.,,,.�. �� .� �± A,,}L„.,.:at,�� 1..,,-i�.,�-. a ; -3-JOINT POWERS AGREEMENT, MVTA (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. -4-JOiNT POWERS AGREEMENT, MVTA f. (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. -S-JOINT POWERS AGREEMENT, MVTA r 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 -6-JOINT POWERS AGREEMENT, MVTA � ., . 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 -7-JOINT POWERS AGREEMENT, MVTA � * 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 -8-JOtNT POWERS AGREEMENT, MVTA . ATTEST: BY�-------------------- ------------------ Its Notary Public Adopted this day of , 1993. CITY OF ROSEMOUNT ----------------------- BY • ------------------- ---------- ------ Its: Notary Public ATTEST: BY�------- ----------- ------------------ Its: Notary Public -9-JOINT POWERS AGREEMENT, MVTA i Adopted this day of , 1993. CITY OF SAVAGE BY • -------------------- ------------------ Its: Notary Public ATTEST: BY�-------------------- ------------------ Its: Notary Public -10-JOINT POWERS AGREEMENT, MVTA