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Home My WebLink About5.c. Transit Joint Powers Agreement � r P O. BOX 510 �� 2875-?�STH ST \N � OeQ��1�� ROSEP.^OUNT MINNESOTA �SGfS JG V[ 612-423-4411 Agenda ltem 5c. T0� MAYOR, CITY COUNCIL, CITY ADMINISTRATOR FROM: DEAN JOHNSON, DIRECTOR OF COMMUNI�Y DEVELOPMENT DATE: FEBRUARY 1, 1990 SUBJ: TRANSIT JOINT POWERS AGREEMENT Attached is a copy of the transit "opt out° joint powers agreement by an� between the cities of Apple Valley� Burnsville, Eagan, Prior Lake, Rosemount and Savage. This agreement formally establishes the Minnesota Valley Transit Authority in the continuing process of crcating local control for local transit service. The agreement is th� result of several months of input from the six cities and consensus among the six city managers/administrators. The cities of Apple Valley and Savage have adopted the agreement already. Prior Lake and Burnsville are expected to take action on February 5, 1990. Eagan and Rosemount have scheduled action on February 6th. If you have questions� Steve or I would be happy to address them. We recommend approval of the joint powers agreement at this time. CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 1990- A RESOLUTION ADOPTING A SIX-CITY JOINT POWERS AGREEMENT ESTABLISHING A SIX-CITY TRANSIT AUTHORITY WHEREAS, the cities of Apple Valley, Burnsville, Eagan, Prior Lake, Rosemount and Savage have entered into previous joint powers agreements to evaluate transit opportunities in the six cities; and WHEREAS, the six cities have authorized the establishment of a six-city transit authority. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Rosemount hereby approves the Joint Powers Agreement, attached hereto as Exhibit A, establishing the Minnesota Valley Transit Authority and authorizes the necessary signatures thereto. ADOPTED this 6th day of February, 1990. Vernon J. Napper, Mayor ATTEST: Susan M. Johnson, City Clerk Motion by: Seconded by: Voted in favor• - Voted against• Exhibit A JOINT POWERS AGREEMENT ESTABLISSING THE MINNE80TA VALLEY TRANSIT AUTHORITY JOINT POWERS AGREEMENT by and among the Cities of Apple Valley, Burnsville, Eagan, Prior Lake, Rosemount, and Savage ("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, 473.388, and 471.59. WHEREAS, the Cities have completed a Project Study under the Metropolitan Transit Service Demonstration Frogram; 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 Va11ey 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. Defiaitions. (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. (E) "ADVISORY COMMITTEE" is a committee consisting of the City Manager or Chief Administrator of each party, or his or her designee, which shall act as an advisory body to the Board. (F) "PARTY" means any City which has entered into this Agreement. � (G) "TECHNICAL WORK GROUP" is a committee consisting of one staff inember of each party, which shall act as technical advisors to the Advisory Committee and the Board. 4. Parties. The municipalities which are the original parties to this Agreement are Apple Va11ey, 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 seven (7) voting commissioners. Each party shall appoint one commissioner and one alternate commissioner. The cities of Burnsville, Eagan and Apple Valley shall additionally collectively appoint one commissioner and one alternate. Representatives from the Regional Transit Board may serve as ex officio members of the Board of Commissioners. (B) Commissioners shall be a member of the Council of each party or its designee. Alternate commissioners shall each be a member of the staff of a party. The terms of office of commissioners shall be determined by each party. (C) A commissioner may be removed by the party appointing the commissioner with or without cause. (D) Commissioners shall serve without compensation from the Authority. -2- (E) At least five (5) of the members of the Board 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 five (5) of the commissioners. (F) At the organization meeting or as soon thereafter as it may be reasonably done, the Board may adopt rules and regulations governing its meetings. (G) At the organization meeting of the Board, and in January of each year thereafter, the Board shall elect a chairperson, a vice chairperson, a secretary, a treasurer, and such other officers as it deems necessary to canduct its business and affairs. 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 diseharge 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. (F) The Authority may enter into a contract for management services. (G) The Authority may sue or be sued. -3- (H) The Authority shall cause to be made an annual audit af 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) 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. Operatinq Costs, Budqet, and Financial Liability. (A) The Authority shall have a fiscal year beginning January 1 and ending December 31. On or before July 1 of each year the Advisory Board shall prepare an ,estimated budget for the next fiscal year including an estimate of capital 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 the 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. 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. 9. Duration of Aqreemeat This Agreement shall continue in force until January 1, 1991, and thereafter from year to year, subject to withdrawal by a party or termination by all parties. -4- Withdrawal by any party shall be effected by serving written notice upon the other parties no later than January lOth 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. 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 remain 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 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 pa�ty to the Authority. _5_ 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. All Members need not sign the same copy. The signed Agreement shall be filed with the City Administrator of the City of Rosemount, who shall notify a11 Members in writing of its effective date and set a date and place for the Board's first meeting. Prior to the effective date of this Agreement, any signatory may rescind its approval. IN WITNESS WHEREOF, the undersigned government units, by action of their governing bodies, have caused �his Agreement to be executed in accordance with the authority of Minnesota Statutes §471.59. Adopted this day of Adopted this day of , 1990. . 1990. CITY OF APPLE VALLEY CITY OF BURNSVILLE By: Byc Its: Mayor Its: Mayor ATTEST: ATTEST: By: By: Itsc City Clerk Its: City Clerk Adopted this day of Adopted this day of , 1990. . 1990. -6- CITY OF EAGAN CITY OF PRIOR LAKE By: BY� . Its: Mayor Its: Mayor ATTEST: ATTEST: gys By: Its: City Clerk Its: City Clerk Adopted this day of Adopted this day of , 1990. . 1990. CITY OF ROSEMOUNT CITY OF SA�IAGE By: By: Its: Mayor Its: Mayor ATTEST: ATTEST: Byz By: Its: City Clerk Its: City Clerk -7-