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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
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(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.
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(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.
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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.
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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 ��
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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 $URNSVILLE
By: By;
Its: Mayor Its: Mayor
ATmEST: . ATTEST:
By: By:
Its: Ci�.y Clerk Its s Ca.ty Clerk
Adopted this day of Adopted this day of
, 1990. . 1990.
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CYTY OF EAGAN CITY OF PRT�R LAKE
8y: g��;
Its: Mayar Itss Mayor
ATTEST: ATTE$'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
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