HomeMy WebLinkAbout4h Jt Powers Agreement MN trans
The City of Prior Lake along with the cities of Apple Valley, Burnsville,
Eagan, Rosemount and Savage formed The Minnesota Valley Transit
Authority (MVTA) under a Joint Powers agreement. The purpose of the
MVTA is to provide public transit service to the MVTA area cities. The
Board of Commissioners consists of seven voting commissioners, one
from each of the six participating communities and one at large appointed
by the cities of Burnsville, Apple Valley and Eagan.
The MVTA Board recognizes that Dakota and Scott County also offer or
have authority to offer transportation programs. Many of the programs
are delivered through Human Services programs, such as DARTS and
senior citizen shuttles. In some cases these services may overlap or
even compete with MVTA routes and services, therefore the MVTA
desires to improve cooperation and service delivery coordination between
the MVTA and Dakota and Scott County. The MVTA Board recommends
that the MVTA Board of Commissioners be expanded from seven
members to nine members to allow for one Commissioner from each
County Board of Scott and Dakota County to serve on the MVTA Board.
The following alternatives are available to the City Council:
1) Approve the revised Joint Powers Agreement for MVTA.
2) Deny the revised Joint Powers Agreement for MVTA.
RECOMMENDATION: Staff recommends the MVTA Joint Powers Revisions be approved.
CONSENT AGENDA .:
PREPARED BY:
SUBJECT:
DATE:
BACKGROUND:
DISCUSSION:
ALTERNATIVES:
ACTION REQUIRED:
JOINT.CC
STAFF AGENDA REPORT
4(h)
BONNIE CARLSON
CONSIDER APPROVAL OF AMENDMENT TO JOINT POWERS
AGREEMENT BETWEEN THE PARTICIPATING CITY IN THE
MINNESOTA VALLEY TRANSIT AUTHORITY
JUNE 6, 1994
-1-
4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
'T r T"
Date:
To:
From:
Re:
May 12, 1994
MVTA TWG Members
Audrey Swartz
Joint Powers Agreement
Enclosed are the copies of the MVTA revised bylaws and joint powers agreement.
We are asking that you bring the joint powers agreement to your city council for
approval. Once the changes are approved, a clean copy will be sent out for
signatures.
The bylaws do not need to be approved by each city council.
If you have any questions or need further assistance, please give me a call.
Thank you.
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MVTAJOINT POWERS AGREEMENT
EST ABUSHING THE MINNESOTA VALLEY TRANSIT AUTHORITY
Amended March 1993, March 1994
TInS 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 99473.384, 473.388, 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 9473.388.
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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HINN VALLEY TRAN --- CITY PRIOR LAKE
@001 ____
MVrAJOINT POWERS AGREe.ffiNT
EST ABLISIUNG lHE MINNESOTA VALLEY TRANSIT AUlHORITY
Amended Much 1993, Apll1994
lHIS 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 99473.384, 473.388, 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 S473.388.
3. Definitions.
(A) "AUTHORITY" means the organization created by this
Agreemen t.
(8) "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 9473.373.
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HINN VALLEY TRAN --- (ITY PkIOR LAKE
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~ !!.ADVISORY COMMI1:rEE" is a eommittcc consisting of -the City
Manager or -Ghief Administrator of each party, aT his or hcr-designcc whieh-
shall act as all advisory oody to thc~
(B-...lli2. "PARTY" means any city which has entered into this
Agreement.
{Q ..ill ''TECHNICAL WORK GROUP" is a committee consisting of
one staff member of each party which shall act as technical advisors to the
MvisefY Committee and the Board and shall also serve as the party's
alternate commissioner.
4. Parties The mW1icipalities which are the original parti~s 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 bOW1daries, 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.
S. Board of Commissioners.
(A) The governing body of the Authority shall be its Board which
will consist of scv.cn (7) 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 a.ppoint
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.The
Dakota County Board of Commissioners and the Scott Coun ty Board of
Commissioners shall each appoint one commissioner and one alternate
commissioner.
(B) Commissioners shall be a member of the Council of each party
or its designee, or for commissioners appointed by Dakota and Scott
Counties, be a member of the Board of Commissioners of the county making
.2.JOINT POWERS AGREEMENT, MVT A
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MINN VALLEY TRAN --- CITY_PRIOR LAKE
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~ appointment. The at large commissioner and alternate mayor may not
be an elected official as to be determined by the commissioners from Apple
Valley, Burnsville and Eagan and reviewed by the aforementioned
commisslOners 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 county
m.mmissioners, their alternates shall be staff of the county making the
appointment. The terms of office of commissioners shall be determined by
eaffi the party or the county making the appointment.
(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 -&Ve-{5} four (4) of the Board members ~
appointed by the parties 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) four (41 of the commissioners appointed by the parties or such a
commissioner's alternate in his or her absence.
(F)i\.t thc Januar1'" meeting or as..-soon thereafter as it may be
ff'ase~done, the The Board may adopt rules and regulations governing
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 city's representative to the MVTA, the Vice Chair
shall facilitate the election process. In the event that both the Vice Chair and
Chair are no longer its city's representative Lo the MVf A, the board shaH
decide on another officer or commissioner to preside over the elections. The
newly elected chair shall then preside over the remainder of meeting and all
meetin~s henceforth until a new chair is elected.
-3-JOINT POWERS AGREEMENT, MVT A
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HINN VALLEY TRAN 444 CITY PRIOR LAKE
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6. Powers and Duties of the Authority.
(A) General. The Authority has the powers and duties to establish a
program pursuant to Minnesota Statutes 99473.384 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_
CD) 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.
(H) 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.
(n The Authority may contract to purchase services from anyone
of the parties.
-4-JOINT POWERS AGREEMENT, MVT A
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HINN VALLEY TRA~ ... CITY PRIOR LAKE
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(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 Liability.
(A) The Authority shall have a fiscal year beginning January 1 and
ending December 31. On or before October 1 of each yearL 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
~1innesota Statutes 99473.384 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
~1innesota Statutes g!9473.384 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 Agreement. This Agreement shall continue in force
commencing on January 1, 1991 and as amended in March 1993L April 1994. and
thereafter from year to year, subject to withdrawal by a party or termination by all
parties. Withdrawal by any parly shall be effected by serving written notice upon the
other parties no later than January 10th of the year at the end of which such
withdrawal is to be effective. Withdrawal from the Agre~ment 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.
-5-JOINT POWERS AGREEMENT, MVTA
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MINN VALLEY TRAN --- CITY PRIOR LAKE
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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 munidpalities 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 eitect when
all six (6) initial Members, delineated in paragraph 4 of this Agreement, sign this
agreement as amended MafC-h---l-99a April 1994. All Members need not sign the same
copy. Th~ signed Agreement shall be filed with the Executive DirectorL who shall
notify all Members at the earliest Board meeting of its effective date. Until this
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 S471.S9.
-6-JOINT POWERS AGREEMENT. MVTA
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MI~N VALLEY TRA~ ~~~ CITY PRIOR LAKE
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Adopted this__ day of
CITY OF APPLE V ALLEY
---J 1994.
NOTARY OF EACH
SIGNA TIJRE BELOW
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By
Its:
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Notary Public
ATTEST:
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By'
.--------------------
Its:
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Notary Public
Adopted this _ day of
CITY OF BURNSVILLE
I 1994.
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By
Its:
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Notary Public
ATTEST:
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By-
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Its:
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Notary Pu blic
.7.JOINT POW~RS AGRFEMENT MVTtI
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06/03/94 IS'13
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MINN VALLEY TRAN 444 CITY PRIOR LAKE
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Adopted this _ day of
CITY OF EAGAN
, 1994.
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By
Its:
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Notary Public
ATTEST:
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By'
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Its:
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Notary Public
Adopted this _ day of _
CIlY OF PRIOR LAKE
, 1994.
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By
ItS:
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Notary Public
ATTEST:
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By:
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Its:
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Notary Public
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MINN VALLEY TRAN ~~~ CiTY PkiO~ LA~E
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Adopted this _ day of
CITY OF ROSEMOUNT
, 1994.
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By
Its:
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Notary Public
ATTEST:
By'
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Its:
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Notary Public
Adopted this _ day of
CITY OF SAVAGE
, 1994.
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By
Its:
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Notary Public
ATTEST:
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By-
.--------------------
Its:
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Notary Public
-9-JOINT POWERS AGREEMENT, MVT A
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