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90-12 A " .' . {e },.'.: ~ RESOLUTION NO. 90-12A CITY OF Channassen WHEREAS, the City of Chanhassen is a party to a Joint Powers Agreement Establishing a Southwest Area Transit Commission (now Southwest Metro Transit Commission) dated July 21, 1986, by and between the Cities of Eden ~rairie, Chanhassen, and Chaska, and amended August 20, 1986, by First Amendment, amended November 20, 1986 by Second Amendment, and amended November 11, 1987 by Third Amendment; and, WHEREAS, the Joint Powers Agreement created and established the Southwest Area Transit Commission (now Southwest Metro Transit Commission); and, WHEREAS, it is desirable to amend Subparagraphs S.a) and S.b) of the Joint Powers Agreement Establishing a Southwest Area Transit Commission (now Southwest Metro Transit Commission) as follows: S.a) The governing body of the Commission shall be its Board which will consist of seven commissioners. Each party shall appoint two commissioners ("original commissioners") and a seventh commissioner will be appointed by the parties on a rotating basis as described below. All commissioners must reside in the City theyare appointed to represent. b) There shall be four classes of commissioners. The term of each commissioner in Class 1 shall expire on December 31, 1987, and every three years thereafter. The term of each commissioner in Class 2 shall expire on December 31, 1988, and every three years therafter. The term of each commissioner in Class 3 shall expire on December 31, 1989, and every three years thereafter. The six original commissioners .shall be appointed to Classes 1 through 3 by draw, provided that no two commissioners appointed by a party shall be members of the same class. Two commissioners shall be assigned to Class 1, two commissioners shall be assigned to Class 2, and two commissioners shall be assigned to Class 3. A seventh commissioner shall be assigned to Class 4 beginning January ~, 1988. The term of the Class 4 commissioner shall expire on December 31, 1989, and every two years thereafter. The Class 4 commissioner shall 1 i" . . be appointed by the parties on a rotating basis, beginning January 1, 1988, with an appointment by th. City of Chaska, January 1, 1990, with the City of Chanhassen and January 1, 1992, with an. appointment by the City of Eden Prairie, and continuing in a like pattern thereafter. The successor of each of the commissioners shall be appointed to the same class as the successor's predecessor. One. commissioner appointed by each party must include a City Council member, inclusive of the Mayor, currently serving in office. A commissioner who is a council member of a party shall cease to be a commissioner, even if the term for which the commissioner was appointed has not expired, if (a) the commissioner ceases to .be a member of the Council of the appointing party, and (b) no other council member of the appointing party is then a Class 1, 2 or 3 commissioner. In such event, a council member of the appointing party shall be appointed by the appointing party to serve the remainder of the term created by the vacancy. NOW THEREFORE, BE IT RESOLVED, the execution of the "Fourth Amendment To Joint Powers Agreement Establishing a Southwest Area Transit Commission (now Southwest Metro Transit Commission)" is approved. Chanhassen , 19 90 . City Council on the 12th ADOPTED by the day of February ATTEST: ill City Clerk ()tuiJ?K.;1 Mayor . -" ~ 2 ) I.