1c. Joint Power SW Metro Transit e.
CITYOF ------�
CHANHASSEN
,
• 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
' (612) 937-1900 • FAX (612) 937-5739 fiction by City Administrator
Endorsed 123014
' MEMORANDUM Modified
Rejected__
TO: Don Ashworth, City Manager Dete .'....2'f
Date Submitted to Com7;se on
' FROM: Jo Ann Olsen, Senior Planner _
• Date Suto:tted to Council
DATE: February 8, 1990
SUBJ: Amendment to the Joint Powers Agreement and Resolution for
the Southwest Metro Transit
Attached please find amendments to the Joint Powers Agreement
and a resolution amending the Joint Powers Agreement for the
Southwest Metro Transit Commission. The amendments clarify the
status of commissioners on the Southwest Metro Transit Commission
as follows :
1 . All commissioners must reside in the City they have been
appointed to represent.
2 . One commissioner from each city must include a City Council
member, inclusive of the mayor currently serving in office.
Staff recommends the City Council approve the amendments to the
' Joint Powers Agreement and the resolution.
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SOUTHWEST METRO TRANSIT
7600 Executive Drive
Eden Prairie, MN 55344
(612)934-7928
January 17, 1990
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TO: Don Ashworth, Dave Pokorney, Carl Jullie
' FROM: Beverley Miller, Administrator
SUBJECT: Amendments to Joint Powers Agreement and Resolution
' The Southwest Metro Transit Commission, at its meeting on
November 30, 1989, amended the By-laws and Joint Powers
Agreement to include the following:
1 . All commissioners must reside in the city they the have been
appointed to represent.
2. One commissioner from each city must include a city council
' member, inclusive of the mayor, currently serving in office.
The amendments are effective upon execution by the city councils
' of Eden Prairie, Chanhassen, and Chaska. Therefore, please execute
the enclosed resolution in each of your respective cities and forward
the signed copy to me.
If you have any questions, please feel free to call me at 934-7928.
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cc: JoAnn Olsen
Kevin Maas
1 Craig Dawson
JAN 18 199U
art DE CHANHASSEbl
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RESOLUTION NO.
CITY OF
WHEREAS, the City of 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 Prairie, 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 5.a) and
5.b) of the Joint Powers Agreement Establishing a Southwest
Area Transit Commission (now Southwest Metro Transit Commission)
as follows:
5.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 they are
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 1, 1988. The term of the
• Class 4 commissioner shall expire on
December 31, 1989, and every two years
thereafter. The Class 4 commissioner shall
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be appointed by the parties on a rotating basis,
beginning January 1, 1988, with an appointment
by the 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.
ADOPTED by the City Council on the
day of , 19
' Mayor
ATTEST:
City Clerk
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FOURTH AMENDMENT TO JOINT POWERS AGREEMENT
ESTABLISHING A SOUTHWEST AREA TRANSIT COMMISSION
(Now Southwest Metro Transit Commission) '
This Fourth Amendment to the Joint Powers Agreement '
Establishing a Southwest Area Transit Commission (now Southwest
Metro Transit Commission) , is made and entered into this
day of , 19 , by and between the Cities of
Eden Prairie, Chanhassen, and Chaska, all being municipal cor-
porations organized under the laws of the State of Minnesota, '
pursuant to the authority conferred upon the parties by Minnesota
Statutes §174.265 , Minnesota Statutes §473 .384 , §473 .388 and/or
Minnesota Statutes §471.59.
NOW THEREFORE, BE IT RESOLVED, in consideration of the
mutual covenants and agreements contained herein, it is hereby
agreed by and between the Cities of Eden Prairie, Chanhassen, and '
Chaska, through their respective City Councils, that
Subparagraphs 5 .a) and 5.b) of the Joint Powers Agreement ,
Establishing a Southwest Area Transit Commission (now Southwest
Metro Transit Commission) are amended to read as follows:
5.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 1
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commissioner will be appointed by the parties
on a rotating basis as described below. All
commissioners must reside in the City they are
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
Icommissioner shall be assigned to Class 4
beginning January 1, 1988. The term of the
1 Class 4 commissioner shall expire on
December 31, 1989, and every two years
' thereafter. The Class 4 commissioner shall
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be appointed by the parties on a rotating basis ,
beginning January 1, 1988 , with an appointment
by the 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 1
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 1
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 . 1
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.
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IN WITNESS WHEREOF, the undersigned Governmenal Units , by
action of their governing bodies, have caused this Fourth 1
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11 Amendment to Joint Powers Agreement Establishing a Southwest Area
Transit Commission to be executed in accordance with the
authority of Minnesota Statutes §471.59.
CITY OF EDEN PRAIRIE
By:
' Its
By:
' Its
Approved by the City Council
of Eden Prairie this
day of , 1990.
CITY OF CHANHASSEN
1 By:
Its
1 By:
Its
' Approved by the City Council
of Chanhassen this day
of - , 1990 .
rCITY OF CHASKA
By:
Its
By:
Its
Approved by the City Council
of Chaska this day of
, 1990.
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