HomeMy WebLinkAbout5 - Joint Powers Agreement - MVTA
AGENDA NUMBER:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
BACKGROUND:
DISCUSSION:
CENSUS '90
.
5
KAY SCHMUDLACH, ASSISTANT CITY MANAGER
CONSIDER ADOPTION OF JOINT POWERS AGREEMENT
PROVIDING FOR MINNESOTA VALLEY TRANSIT
AUTHORITY
FEBRUARY 5, 1990
Prior Lake approved the Joint Powers A9reement
establishing a Six City Transit Author~ty for
the cities of Apple Valley, Burnsville, Eagan,
Prior Lake, Rosemount, and Savage in June of
1989. The approved Agreement was prepared to
be submitted in conjunction with the Transit
Service Plan as required by the Regional
Transit Board (RTB). The purpose of the
approved Authoritr was broadly defined as the
independent admin~stration of a transit system
that will service the six cities using self
generated property tax dollars earmarked for
transportation.
.This agenda item will present for City Council
approval a Joint Powers Agreement establishing
the Minnesota Valley Transit Authority an
Authority whose responsibility is defined in
much greater detail. City Council should also
consider appointing a representative and
his/her alternate to the Authority at this
time. Enclosed please find the draft
Agreement prepared by the city staffs.
The approval of the Joint Powers Agreement in
June of 1989 was forwarded on June 27 to the
Regional Transit Board alon9 with the Six
Cities Needs Assessment Trans~t Study and the
Transit Service Plan. Ed Kouneski, the
Programs Manager of the Regional Transit Board
presented the information to the RTB along
with a staff memo recommending approval. The
cities proposal was considered and approved by
the Regional Transit Board on September 27,
1989.
The Technical Work Group has been meeting
since the approval of the transit proposal to
prepare a Joint Powers Agreement establiShing
the Minnesota Valley Transit Authority.
The Technical Work Group (TWG) prepared a
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
draft of the Joint Powers Agreement to guide
the Minnesota Valley Transit Authority. The
TWG met on two occasions to review the
Agreement with the City Managers of each City.
Following minor amendments to the Agreement,
the final draft of the Joint Powers Agreement
was prepared.
The Joint Powers Agreement has been attached
for City Council review. Each Councilmember
was introduced to the Agreement informally
last week and only minor questions were noted.
A clarification and change was made in Section
6(K) as a result of Councilmember White and
several other non Prior Lake City
Councilmembers questions.
With the approval of this Agreement by all six
cities, the cities will be takin9 the final
step toward establishing a Trans~t Authority
that will assume the responsibility of
plannin9 and governing transit in our
respect~ve ~urisdictions. Councilmembers will
note that w~th a one year notification, any
city may leave the authority to establish an
independent transit system. This was a
concern of yours that has been maintained in
the Agreement.
The TWG has been working with the consultants
to prepare the Request for Proposal. The RFP
should be completed in 3-4 weeks. The RFP
will provide for the Authority's replacement
of the MTC service in October of 1990. The
service provided in October will be a minimum
of three trips per bus run. The three trip
minimum will mean one extra bus in the. morning
and in the evening for Prior Lake, giving
Prior Lake residents more flexibility in
commuting to work.
The tentative plans for 1991 and 1992 are to
provide the same service plus 10% growth each
year on service routes for express service to
the Twin Cities. However, the Authority will
retain the flexibility to prepare an alternate
RFP that would call for the conversion to a
trunk and feeder system as discussed in the
NATS report as early as 1993.
Transit options such as a dial-a-ride service
will be provided for independently of the RFP
for express transit service. This action will
RECOMMENDATION:
ALTERNATIVES:
be taken up br the Authority as soon as it can
be ready to d1SCUSS providing this service.
City staff believes that the City Council
should a~prove the Joint Powers Agreement
establish1ng the Minnesota Valley Transit
Authority. City staff encourages the City
Council to a~point the Minnesota Valley
Transit Author1ty representative from Prior
Lake at this Council meeting. staff
recommends that the representative be the
Mayor or a City Councilmember and the
alternate be a designated staff person.
The Prior Lake City Council can take the
following action:
1. Adopt the Joint Powers Agreement
establishing the Minnesota Valley Transit
Authority and appoint the City's
representative and alternate
representative.
2. Adopt the Joint Powers Agreement
establishing the Minnesota Valley Transit
Authoritr and continue the discussion of
the appo~ntment until a later date to
further discuss the potential candidates.
3. Table this proposal for a later date to
gather additional data.
4. Deny this ~roposal and seek alternatives
for provid1ng transit in Prior Lake.
ACTION NECESSARY: Motion to adopt the Joint Powers Agreement
establishing the Minnesota Valley Transit
Authority. Council will also want to appoint
the City representative and alternate to the
Authority.
A PROFESSIONAL A8SOCIATION
ATTORNEYS AT LAW
LARRYS. SEVERSON.
.JAMES F. SHELDON
J. PATRICK WILCOX.
TERENCE P. DURKIN
MICHAEL G. DOUGHERTY
MICHAEL E. MOLENDA..
PAUL J. 8'nER
800 MIDWAY NATIONAL BANK BUILDING
7300 WEST UTI'H STREET
APPLE VALI..n MINNEsarA l5mo&
(612) 432-3JB8
TELEFAX NUMBER 432-3710
",'Ii<>,
'>. KENNETH R. HALL
-!'"8OO'I'T D. JOHNS'roN
.IOSEPH P. EARLEY
LOREN M. SOLFEST
<EU8TINE II. SClOTILLO
ANNETTE M. MARGAlUT
DANIEL M. SHERIDAN
.ALSO UCBNSED IN IOWA
"ALSO UCENSED IN WISCONSIN
."ALSO UCEN8ED IN NEBRASKA
January 26, 1990
Dave Unmacht
City of Prior Lake
4629 SE Dakota street
Prior Lake, MN 55372
RE: Joint Powers Agreement Establishing the Minnesota valleY-Transit
Authority
Our File No.: 66-4859
"A ;.<"",.>
.''': .>,
Dear Dave:
Per the meeting of Thursday, January 25,
paragraph 6.K. of the Joint Powers Agreement.
1990,
we have revIsed
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Very truly yours,
SEVERSON, WILCOX &
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Enclosure
JOINT POWERS AGREEMENT
ESTABLISHING THE MINNESOTA 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 SS473.384, 473.388, and
471.59.
WHEREAS, the Cities have completed a Project Study under the
Metropolitan Transit Service 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
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.
CD) "REGIONAL TRANSIT BOARD" (RTB) is the regional transit
board as established by Minnesota Statutes S473.373.
(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 member 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 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 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.
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(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 conduct 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 SS473.384
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)
operate,
otherwise
as deemed
Authority.
(C) The Authority may enter into such contracts to
carry out the purposes of the Authority.
The Authority may acquire, own, hold, use, improve,
maintain, lease, exchange, transfer, sell, or
dispose of equipment, property, or property rights
necessary to carry out the purposes of the
(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.
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(H)
audit of
make and
year.
The
the
file
Authority shall cause to be made an annual
books and accounts of the Authority and shall
the report to its Members at least once each
(I)
records
for and
times.
The Authority shall maintain books, reports, and
of its business and affairs which shall be available
open to inspection by the parties at all reasonable
(J) The Authority may contract to purchase services
from anyone of the parties.
(K) Without the
Authority shall not
buildings, real estate
excess of five (5) years.
unanimous
purchase
or lease
approval of the Board, the
buses, motor vehicles,
the same for a period in
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 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 SS473.384
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 SS473.384
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 until January 1, 1991, and thereafter from year to year,
subject to withdrawal by a party or termination by all parties.
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Withdrawal by any party shall be effected by serving written notice
the other parties no later than January lOth of the year at the
of which such withdrawal is to be effective. Withdrawal from the
upon
end
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 party
to the Authority.
-5-
11. Bffective 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 all 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 this Agreement to be executed
in accordance with the authority of Minnesota statutes S471.59.
Adopted this ____ day of
, 1990.
Adopted this ____ day of
. 1990.
CITY OF APPLE VALLEY
CITY OF BURNSVILLE
By:
Its: Mayor
By:
Its: Mayor
ATTEST:
ATTEST:
By:
Its: City Clerk
By:
Its: City Clerk
Adopted this ____ day of
, 1990.
Adopted this ____ day of
. 1990.
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CITY OF EAGAN
By:
Its: Mayor
ATTEST:
By:
Its: City Clerk
Adopted this ____ day of
, 1990.
CITY OF ROSEMOUNT
By:
Its: Mayor
ATTEST:
By:
Its: City Clerk
CITY OF PRIOR LAKE
By:
Its: Mayor
ATTEST:
By:
Its: City Clerk
Adopted this ____ day of
. 1990.
CITY OF SAVAGE
By:
Its: Mayor
ATTEST:
By:
Its: City Clerk
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