1g SouthWest Metro Transit Joint Powers Agmt
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
Public Works
1591 Park Road
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Web Site
www.ci.chanhassen.mn.us
1-3
TO:
Todd Gerhardt, City Manager
Laurie Hokkanen, Assistant City Manager J}.tt
60/
March 7, 2007
FROM:
DATE:
SUBJECT:
SouthWest Metro Transit Joint Powers Agreement
BACKGROUND
Attached please find the second amendment to the third restated joint powers
agreement for the SouthWest Metro Transit Commission. The amendment
makes name changes to the organization (to Southwest Transit, deleting
"Metro" and "Commission") and the managing staff.
It also amends the language regarding liability. The intent of the amendment
is to provide additional protection to the City. The language prevents
liabilities of Southwest Transit from being carried back to the City through the
J oint Powers Agreement.
RECCOMENDA TION
Staff recommends that the City Council vote to approve the amendment to the
Agreement.
The City of Chanhassen · A growing community with clean lakes, quality schools, a channing downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play
SECOND AMENDMENT TO
THIRD RESTATED JOINT POWERS AGREEMENT
This Second Amendment to Third Restated Joint Powers Agreement is made and
entered into as of the _ day of , 2006, by and between the Cities
of Chanhassen, Chaska and Eden Prairie, all being municipal corporations organized
under the laws of the State of Minnesota, pursuant to authority conferred upon the parties
by Minnesota Statutes SS 174.265, 473.384, 473.388, and/or 471.59 (the "Member
Cities").
In consideration of the mutual covenants and agreements contained herein its is
hereby agreed by and between the Cities of Chanhassen, Chaska and Eden Prairie
through their respective City Councils that the Third Restated Joint Powers Agreement as
amended by the First Amendment to the Third Restated Joint Powers Agreement
(hereinafter collectively referred to as the "Agreement") is further amended as follows:
1. Section 1 of the Agreement shall read:
"1. NAME:
The Parties hereto hereby create and establish SouthWest Transit."
2. All references to "Southwest Metro Transit Commission" in the Agreement shall
be changed to SouthWest Transit.
3. Section 6. e) and t). All references to Executive Director shall be changed to
Chief Executive Officer/General Manager.
4. Section 7.e. is amended in its entirety as follows:
e. Indemnification Limitation.
The liability of each party for the acts or omission of another party is
governed by Minnesota Statutes Section 471.59 Subd. 1a. Pursuant to
Minnesota Statutes Section 471.59 Subd. 1a. no party to this Agreement is
liable for the acts or omissions of another party, unless a party has agreed
in writing to be responsible for the acts or omissions of another party.
This Agreement does not constitute an agreement to be responsible for the
acts or omission of another party.
IN WITNESS WHEREOF, the undersigned Governmental Units, by action of
their governing bodies, have caused this Second Amendment to Third Restated Joint
Approved by the City Council of
Chanhassen this \'d-*' day of
~RJh ,2001
SECOND AMENDMENT TO
THIRD RESTATED JOINT POWERS
AGREEMENT
CITY OF CHANHASSEN
By
Its
By
Its
Approved by the City Council of
Chanhassen this day of
,2006.
SECOND AMENDMENT TO
THIRD RESTATED JOINT POWERS
AGREEMENT
CITY OF CHANHASSEN
By
Its
By
Its