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9.5 Agree. SW Metro Transit 03/09/00 THtT 08:58 FAX 6123496718 FAX LC7000 1aI002 q.s- FIRST AMENDMENT TO THE SECOND RESTATED JOINT POWERS AGREEMENT ESTABLISHING A SOUTHWEST METRO TRANSIT COMMISSION (FORMERLY SOUTHWEST AREA TRANSIT COMMISSION) THIS FIRST AMENDMENT to the Second Restated Joint Powers Agreement Establishing a Southv'est Metro Transit Commission (Fonnerly Southwest Area Transit Commission) is made and entered into this_lay of . 2000, by and between the Cities of Eden Prairie, Chanhassen and Chaska, all being munk.pal corporations organized under the laws of the State of Minnesota, pursuantto the authority conferred upon the pardes by Minnesota Statutes § 473.384, § 473.388, and/or § 471.59. NOW THEREFORE, BE IT RESOLVED, in consideration of the mutual covenants and agreem"'nts contained herein, it is hereby agreed by and between the Cities of Eden Prairie, Chanhassen and Chaska, thro'¡gh their respective City Councils, that the Second Restated Joint power:s Agreement Establishing a Southwest M"tro Transit Commission (fonnerly Southwest Area Transit Commission) is amended as follows: 1. subparagraph 5 b) shall read: ~ 5 b) There shall be four classes of commissioners. The term of each cornmissionerinClass I shallexpireonDecember3l, 1987, and every three years thereafter. The term of the each commissioner in Class 2 shall expire on December 31, 1988, and every three years thereafter. 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 I through 3 by draw, provided that no two commissioner:s appointed by a party shall be members of the same class. At all times two commissioners shall be assigned to Class I, 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 I, 1988. As ofJantiary 1, 2000 the Class 4 commissioner shall be appointed by the Board of Commissioners. Thereafter the term of the Class 4 commissioner shall expire on December 31,2003, and every three years thereafter. No Class 4 commissioner shaH serve more than two consecutive terms. The successor of each of the commissioners shall be appointed to the same class as the successor's pædecessor. 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 ~ 03/09/00 THU 08:59 FAX 6123496718 FAX LC7000 I¡ o other council member of the appointing party is then a Class I, 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. 2. subparagraph 3 d), which is the definition of "Regional Transit Board" is deleted. 3. subparagraph 5 a) shall read: 5 a) The governing body of the Commission sha11 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. Class I, 2, and 3 commissioners must reside in the City they are appointed to represent. The Class 4 Commissioner shall reside or maintain a principal place of business in one of the Cities which is a Party to this Agreement. 4. subparagraph 6 i) sha11 read: 6 i) The Commission shall provide anypartywith data and information requested by the party in accordance with law. The Commission shall, in the development of the program and implementation thereof, prepare such reports, either financial or management, as required by the Metropolitan Councilor other governmental units. S. subparagraph 6 j) shall read: 6 j) The Commission shall cause to be made an annual audit of the books and accounts of the Commission and shall make and file the report to its Members at least once each year, which report shall contain such information as good accounting practices require and such further information as required by the the Metropolitan Councilor other governmental units. IN WITNESS WHEREOF, the undersigned Governmental Units, byactìonoftheir governing bodies, have caused this First Arnendment Second Restated Joint Powers Agreement Establishing a Southwest Metro Transit Commission (Formerly Southwest Area Transit Commission) to be executed in accordance with the authority of Minnesota Statutes § 471.59. 03/09/00 THU 08:59 FAX 6123496718 Approved by the Mayor and City Manager of the City of Eden Prairie this_day of ,2000 Approved by the Mayor and City Manager of the City of Cb"nh".sen this_day of . 2000 Approved by the Mayor and City Administrator of the City of Chaska this_day of .2000 SMTC\iolnIfJOW4iIrs\1 atAmcnd.Unøwked.03D300 FAX LC7000 CITY OF EDEN PRAIRIE By Its Mayor By Its City Manager CITY OF CHANHASSEN By Its Mayor By Its City Manager CITY OF CHASKA By Its Mayor By Its Administrator IaI004 03/09/00 TBU 08:59 FAX 6123496718 FAX LC7000 1aI005 FIRST AMENDMENT TO THE SECOND RESTATED JOINT POWERS AGREEMENT ESTABLISHING A SOurHWEST METRO TRANSIT COMMISSION (FORMERLY SOUTHWEST AREA TRANSIT COMMISSION) THIS FIRST AMENDMENT to the Second Restated Joint Powers Agreement Establishing a Southv'CSt Metro Transit Commission (Formerly Southwest Area Transit Commission) is made and entered into this_ lay of , 2000, by and between the Cities of Eden Prairie, Chanhassen and Chaska, all being mumc: Qal corporations organized under the laws of the State of Minnesota, pursuant to the authority conferred upon the par,ies by Minnesota Statutes § 473.384, § 473.388, and/or § 471.59. NOW THEREFORE, BE IT RESOLVED, in consideration of the mutual covenants and agrcemlnts contained herein, it is hereby agreed by and between the Cities of Eden Prairie, Chanhassen and Chaska, through tleir respective City Councils, that the Second Restated Joint Powers Agreement Establishing a Southwest Metro Transit Commission (fonnerly Southwest Area Transit Commission) is amended as follows: I. subparagraph 5 b) shall read: 5 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 the each commissioner in Class 2 shall expire on December 31, 1988, and every three years thereafter. The term of each commissioner in Class 3 shall expire on Dccember 31, 1989, and every three years thereafter. The six original commissioners shall bc appointed to Classes 1 through 3 by draw, provided that no two commissioners appointed by a party shall be members of the same class. At all times two commissioners shall be assigned to Class I, 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. AsofJanuarv 1. 2:0 the Cla.qs 4 commjssioner~hAIl bCaDoointed bvthe Board of Commission . Thereafter thc term of the Class 4 commissioner shall exoire on December 31. 2003. and every three Years thereafter. No Class 4 commissioner shall serve more than two consecutive terms. The successor of each of the commissioners shall be appointed to the same class as the successor's predecessor. One commissioner appointed by each partymust 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 03/09/00 THU 09:00 FAX 6123496718 FAX LC7000 1aI006 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. 2. subparagraph 3 d), which is the definition of "Regional Transit Board" is deleted. 3. subparagraph 5 a) shall read: 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. Class 1, 2, and 3 commissioners must reside in the City they are appointed to represent. Tm C1u.;7~<4 Cv~~.,..,iVU'l .,.'ilt!dJ. ..(;;Sid" 01 n1~&lu:u. u. t'&:u...:.I:'~ .1;'1_.... ufL__':"""'",,-=,,;J ili t],G Ci~ whiGhba.! P-t'.t'u:.u.b...d o;J"':'d CV~.\,;J~-onCl. The Cla.Qg 4 Commissioner shall reside ormaintain a nrincical clacc ofbusiness in one of the Cities which is a Party to this Aereement. £ 4. subparagraph 6 i) shall read: 6 i) The Commission shall provide any party with data and infonnation requested by the party in accordance with law. The Commission shall, in the development of the program and implementation thereof, prepare' such reports, either financial or management, as required by ti.~ R\.¡;;u...d T.~.~ll DvA.o.d, the Metropolitan Council or other governmental units. S. subparagraph 6 j) shall read: 6 j) The Commission shall cause to be made an annual audit of the books and accounts of the Commission and shall make and file the rcport to its Members at least once each year, which report shall contain such information as good accounting practices require and such further information as required by the R,,~v...d 'f.~;t Bv~d, the Metropolitan Council or other governmental units. IN WITNESS WHEREOF, the undersigned Governmental Units, by action of their governing bodies, have caused this First Amendment Second Restated Joint Powers Agreement Establishing a Southwest Metro Transit Commission (Fonnerly Southwest Area Transit Commission) to be executed in accordance with the authority of Minnesota Statutes § 471.59. .-' ._~ 03/09/00 THU 09:00 FAX 6123496718 Approved by the Mayor and City Manager of the City of Eden Prairie this_day of ,2000 Approved by the Mayor and City Manager of the City of Chanhassen this_day of .2000 Approved by the Mayor and City Administrator of the CityofChaska this day of , 2000 SM'J'CIiointpowCf$\lstAmcnd.OJOJOO,mazkcd cop)' FAX LC7000 1aI007 CITY OF EDEN PRAIRIE By Its Mayor By' Its City Manager CI1Y OF CHANHASSEN By' Its Mayor By Its City Manager CITY OF CHASKA By Its Mayor By Its Administrator