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HomeMy WebLinkAbout3.a. Opt Out Update _�r-n a i c ��_� 1�:.,1 1"IH'� '�fj^n_ F'�l.i � t ��j � � . ' 5..-"�.-' \ � JU�NT POIPERB At3R�LMENT ESTAHLI�HING THE MINNEBC?TA VALLEY TRAN�IT AUTAORITY JOINT pOWERS AGREEMENT by and among �he Citie� of Apple Va11�y, Hurnsville, Eagan, PrYor Lake, Ros�mount, and �avage ("Cities��) , munici.pal coarporations organized unde:r the laws of the State of Mirin�sc,ta. This Agreement is made pursuan� to the authority conferr�d upon the parties by Minnesota ��atu�,es §§473. 384, 473.388, anc� 471.59. WHEREAS, t�he Citie� have compl�ted a Pra�ect S�udy under the M�tropalitan T�ransit 5ervic� ��mon�t�r�tion Program; N�W, THEREFdRE, BE IT � RESQLV�p, in consideration of th� mutua�. coven�nts contained herein, it is hereby agr�ed by and among the Cities: �• N��►�e. Th� Citie� h�sr.eby cree��e and estr�bli�h th� Minn�so�a Vall�y Tr�nsxt Authority. 2. Purpo��. The purpase of this Agreemen� is to provic�� public transit service for the Cities pursu�nt ta Minn�sota Statutes §473. 388. � 3. Definitie���. (A� "AUTHOR�TY" means the organizat.ion ereated 1ay this Agr�ern�nt. (B) "�30ARD" means the Board of Commissioners of th� Minn�sata Vall.ey Transit Authority. (C) "COUNCIL" means the governing body af a party to this Agreement. (Uj '�REGIONAL T.RANSIT BOARb�� (RTB) is th� regian�l. transit board a� establish�d by Minnesota Statutes §473. 373 . JHh! 1� ''�41 1�,:i� (�'� a�,� F'l_iq � • (E) "A17VIS�RY COMMITTEE" �.s a commi�t�e cansis�inc� of the City Manager c�r Chief Administrator of each party, or his ar h�r designee, which shall act as an advi�sory body to the Board. (F) "PARTY" me�ns any City which has �ntered into �hig Agreement. (G) "TECHNICAL Wa�tK GROt1P" is a committee consisting of c�n� s��,�f m�mber c�� �ach par�y, which shall, act a� techn�.c�l advis4rs to �he Advisory Cammittee and th� Board. 4. partiea. The muniaipalities which are the original pa�'tie� to �his Agreement are Apple Valley, Burnsvill.�, Eaqan, Prior ,Lakp, ltc��,c*.jur.�unt, and Sav�g�. ndcl i t i.on�l �:.�r.fi i Ps may h� ac��ec� hy thr� ' concur•x•et�c;e a� all �he exi,sting pari:le�. N� chang� in gov�rnmenta� bound�ri�s, structure, c�rgani�ati.onal stat�i� or characte.r shal�. aff�c� the eYigibility af any party listed above to be represer►ted on the . Authority so long as such party cantir,ue� ta �xist as a separate political subdivision. a. Board of Commiestioflex�. (A) The governing boc�y vf the Authority shall be its Board which will consist of seven (7) votinq commis�iQner�s. ��ch party shall appait�t an� commis�.ioner and one alt�rnat� commissioner. The citie� of Hurnsvi�lle, Eagan and Apple Va7.l�y shall additionally aol].ectively appaint one commis�ioner and one a�:texnat+�. Reg�r�s�ntative�s from the Regianal Transit Baaxd m�y sexve as �x of�ici.o members of th� Board of Commission�rs. (B) Commissioners shall be a m�mb�r of the �ouncil of each party or its des3.gnee. Alternate commissioners shall each be a member of �he staff of a party. '�he terms of office of commiss�t�n�rs shall be determin�d by each party. (�) A cammissioner may be xemoved by the p�xty appainting the commi.ssioner with or without cause. (D) Commiss3.an�rs shal.l serve without compensata.on �ram the Authority. r�M � T�f! 12 ''�G_t 15:�2 h1A� 45� F'G_15 (E) At least five (5) of the memb�rs af th� Board sha11 con�titut� a quorum c�f th� 8oard. Attendance by a quorum af th� sc�ar� �hall be neces�ary for ccanducting a m��eting af the� Board. Th� Board may tak� action at a mee�ing upan �n affirmative vote of fiv� (5) of �he commissfoners. (F) At the organization meetiz�c� or as so�n thereafter as it may be reasonably dane, the Board may adopt rules and regulations gc�verning i�� meetings. (G) At the arganiz�ta.on meeting of �he Baard, and �n January of each y�ar thereafter, the Board shall �lect a chairperson, a vice chairperson, a s�cretary, � treasurer� and such other of�icers as i� deems necessary ta canduc�. its business �nd affairs. � G. powers and Duti�� af �he Autharitp. (A) General. The Authority has the pawers �nd dutieg to establish a pra�ram puxsuant to Minn�sata Statutes s§473. 384 and 473 . 388 to provid� pubia.c transit s�rvic� to ser�e the geographic area of the �arti�s. The Authority �Maii hav� all powers necessary to discharqe its duties. (B) The Authority may a�c�uir�, own, hold, use, improve, operat�, maintain, l�as�, exchange, transfer, sell, or �atherwisP dispose of equi.pment, property, or propezty right� �s cl��m�cl npcess�ry tc� c�r.ry out thp pur.pas�s c�f thP Au�h�rity. (C) The Authoxity may enter inta such contr�cts ta carry out the purposes Qf th� Authority. (�) Th� Authori�y may est�blish bank accounts as the Hoard shall from �ime to time determi.ne. (E) The Authority may �mploy an executive director, whose duty shall be to administer policies �s �stablished by the Authority. The executive director shall be an employee of' the Authority. The Authvrity may enter irtta �mplayment contracts with other persannel and m�y provide far compensation, insuran�e, and othe� terms anc� canditi.ons �hat it deems n�ce�sary. (F) The Authority may enter into a contract for management service�. (�) The Authori�y may sue or be sued. �3.. ._...- _ _ _ _ ____ _ _ � JAN 1� "�t7 15:33 MAS �5� F'4�E (H) The Autharity sha11 caus�± ta be mad�? an annual <�uclit o�f the b4aks and ac�ounts of t.hp Author.f�y �nd �hal.I m�k� and file the repc�rt to its M�mbers at least once e��h year. , (I) The Authority shall m�int�in bonks, report�, and records af its business and affai.rs which shall be available for and op�n to inspection by the par�ies �t all reasonable times. {J) The Autho�ity may contract to purchase services from �ny one ot '�h+� parties. {K) Without the p�rior wri.tten a�iprov�l of the councils o� all parties �o this Agreement, the Authori�y shall not purchase buses, motor v�hicles, buildings, real �state or lease th� same for a period in �xc�ss af five (5) years. 7, ogerati�ng Costa, Budget, ancl Financii�l Li�ba.lity. (Aj The Au�hority shall have a £iscal year beginnirig �arniary 1 and ending D��ember 31. On or before Ju].y 1 of each year the Advisary Board shall prepare a� �stimated budget for the n�xt fiscs�l year 3.ncluding an estfmate af capitrJ. �xp�nditur��, operatinq co��a, and r+�venue�. Capital expend3.ture� and opera�ing cost� shall be limited ta revenues received pursuant to Minnesota Sta�utes §�473 .384 �nd 473 . 388, and estimated revenues to be receiv�d from th� operati.r�n af the tr�n�si.t system. The Board shall review and approve or disapprove the budget. The budget may be adjusted from time ta tirne an th� basis of actual costs incurred ar ctianges in estimated r�v�nue. In the ev�nt of an ad�us�ment of tl�e budget, thexe shall be f�zrnished to ea�h party a computatian of the adjustment. (B) The annual fi.nancial contribution to the Authority of each par�y sha�l be the tc�tal amotmt of assx�tance which each pdrty receiv�s pur�uan� to MinnesQta Statutes §g473 .384 and 473 .388. 8. Insu�r�n�e. The Authara.�y shall pur�has� in�urance in such amount� ancl on such terms as the Authori_ty shal.7. d�t�rmine. 9. Duratia» ot l►qreement This Agr�emerit shall continue in forc�: until J'anuary 1, l�g�., and thereafter from y�ar to year, sub�eot to withdrawal by a party or termination by all parties. -4- r Withdrawal bY �ny party sha1.7, k�e effeeted b�� , s�rvxng written notic� up�n the other parties nv later than January lqth of th� year a� �nd of whiah sur,h wi�harawal is to be �ff�ctive. withdraw the Agre�ment by any part at �1 from the Y the end c�f the calendar ye�r shall not a�F��t the abligation of any party to perform the durin Agreement for crr g the p�riod th�t the Agr�em�nt i� iM egfec�. Withdrawai og �n party or �ermina�ion a� Y the Agreement by �I1 parties shall no� t�rm�nate ar �.imit any liabilitY, contingent, asser � � d or unasserted, of anY party arising out oF that party's par��,�ipat3on Aqreement. �n the �-4. Die��i�utio� o� Asset�. In the event af wr:tthdrawal of any party from this Agreementi th� � withdrawing par�y sh,�t� nQ� be r�imbursed. Tn the even� of . terminat�,on af thi:� Agreement by alI ��r����► a��' o� th�" ���ets which remain af�er pa,ment obligations sha1,1 be Y a� debta and di.�tx�ibuted �mong the municipali�kie� who are parties to this Agreement ' immediatelY prior to its termina�ion in accordanee W�th �h� foilowinq Formula. Eacn municipali.ty $h�11 r�ceiv� that percenta e � �� remaining assets d�termined by dividing �h� total amt�unt whicti that municipali.ty contribut dur.in �� to the Authority g the pr�vi.ous fiue (a) y�ars b Y �h� total amvunt can�ributed to the Auttlority 4�ver the previaus fiv� (5� munxcipalities who are , Year�s bY �iI �h� Aarti�s ta this Agreement immediately prior to its termination, Th� amaun� of th� distribution to an �o �his Y party pursuant �greement shall be reduced by any amounts owed by th� �r �o �he Authority. F �� -5- L TArI �� ��n 1�:34 r1As , ��s� Fk�R il. E£fective D�te. This Agre�ment sha11 be in full force and effect when �11 six (6) initial. Members, delineated in p�ragraph 4 of �h,i.s Aqreement, �ign this Aqre�m�nt. All Members need not �si�n the same copy� Th� signed Agreement shal], be fi].�d with th� City Administrator of the City of Rosemount, whv shall notify all Members in wri�inq of its �f�ective ciate and set a dat� and p1ac� for the noard�r fi.rst meetir�g. Prio� to the effpcti.ve c�afi.� a� tihis Agreement, any ��l��Ilcit.�'�T•y may r,escir�ci it�s ��R�E�r.�v�al.. IN wYTNE55 WHEREQF, the und�rsigned government units, by act�.on Qf their governing bc�dies, have �auseel this Agre�ment to be executed in accc�rd�nce wi�th the �u�hvrity o� Minnesot� S�atut�s §471. 59. Advpted this day of Adopted �his day of , 1990. . 1990. CITY OF AFPLE VALLEY CITY OF $URNSVILLE By: By; Its: Mayor Its: Mayor ATmEST: . ATTEST: By: By: Its: Ci�.y Clerk Its s Ca.ty Clerk Adopted this day of Adopted this day of , 1990. . 1990. -�- �� CYTY OF EAGAN CITY OF PRT�R LAKE 8y: g��; Its: Mayar Itss Mayor ATTEST: ATTE$'T 2 By: gy; It�: City Clerk Itg: City Clerk Adc�pted this day of Adopted �his day of , 1990. . 1990. C:LTY OF ROSEMOUNT CITY OF SAV'AGE By: g�_ Its: Mayor Its: Mayor ATTEST: ATTEST: By: gy. • Its: city Clerk �tss City Clerk -7-