12. SW Metro Transit Commission Appts r . f �.
CITY OF
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1 ._,:, CHANHASSEN
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690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
I 1:;1 ?---\:"7-.. '' ' (612) 937-1900
MEMORAN ' M
TO Don Ashworth, City Manager _.- :r, ::.______ ____
FROM: Jo Ann Olsen, Asst. City Planner e2:0 :,.. ,v, ,, , 3 ,,,.,,;,:3s;en
I DATE: November 23 , 1988 — -
et.) •a,r -::..1 4c Ccunci!
SUBJ: Southwest Metro Transit Commission Appointments «" a ��
1 The Southwest Metro Transit Commission is made up of representatives
from the Cities of Eden Prairie, Chaska and Chanhassen. The
1 Southwest Metro Transit Commission is responsible for administering
the Southwest Metro Transit bus service provided by the Cities of
Eden Prairie, Chaska and Chanhassen. The two members representing
I the City of Chanhassen are Councilmembers Dale Geving and Jay
Johnson. Jay Johnson was appointed in December, 1987, to replace
Mayor Tom Hamilton's position. Jay Johnson's position is up at the
end of December, 1988 . Therefore, the City Council must either
I reappoint Councilman Jay Johnson or appoint another person to the
position. Councilman Johnson has expressed interest in remaining on
the Commission. The term is for three years .
1 The by-laws for the Southwest Metro Transit Commission do not state
that the Commissioner representing the City has to be a Council
member. Last year one of the commissioner' s representing the City
I of Chanhassen stated that they felt that it was important to have
the Southwest Metro Transit Commissioner also be a City Council
member. The City Council should decide whether Council policy is to
1 have only council members represent Chanhassen or if the position
should be open to any resident of Chanhassen. Dale Geving' s posi-
tion runs until December of 1989 . Each city has a period where they
1 have three commissioners instead of two. In 1990 , Chanhassen will
have a third position to fill for the commission.
RECOMMENDATION
1 The City Council should state whether they feel the Southwest Metro
Commissioner should be a council member or any resident of
I Chanhassen and establish a policy for future appointments . The City
Council should then either appoint a council member or direct staff
to advertise for the position.
1 ATTACHMENTS
1 . Southwest Metro Transit By-Laws .
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SOUTHWEST METRO COMMISSION MEETING ATTENDANCE RECORD 1
Year 1988
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Commissioner Name Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
II
George Bentley ✓ v ✓ ✓ v- ' - v.. II
Class I A
Robert Roepke
Class I ✓ ✓ `� ✓ ✓
Jay Johnson, �'5
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lass II
Gary Peterson ,i r,-- t--- v / I
Class II
Dale Gevin
Class III " %/ V _ ✓ ✓ ✓ fk `' "" A.
II
Gayle Kincannon
y Class III ✓ A f J v `' ✓ A v 11
II
JoAnn Halberg t/ v v/ ✓
Class IV '� '� 1,/,
II
Class I - Expiration December 31 , 1990 - every three years thereafter
Class II - Expiration December 31, 1988 - II
Class III - Expiration December 31, 1989 - " is Is is u
Class IV - Expiration December 31, 1989 - every two years thereafter
Rotation for Class IV - January, 1988 - Chaska I
January, 1990 - Chanhassen
January, 1992 - Eden Prairie I
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BYLAWS
I OF
SOUTHWEST METRO TRANSIT COMMISSION
ARTICLE I
' NAME
The name of this organization is Southwest Metro Transit
Commission.
' ARTICLE II
PURPOSE
' The purpose of this Commission is to provide alternative
methods of providing public transit service for the cities of
' C. Eden Prairie, Chanhassen, and Chaska pursuant to Minnesota
Statutes SS174.265, 473.384, and/or 473.388 and 471 .59.
' ARTICLE III
BOARD OF COMMISSIONERS
' Section 1 . The governing body of the Commission is its
Board, which consists of six (6) Commissioners. Commissioners
' are divided into three (3) classes--Class 1, the terms of which
expire on December 31, 1987, and every three years thereafter;
' Class 2, the terms of which expire on December 31 , 1988, and
' every three years thereafter; and Class 3, the terms of which
expire on December 31, 1989, and every three years thereafter.
Section 2. The classes of the Commissioners representing
' each of the parties are as follows:
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Party Classes
CChanhassen 2 - and - 3
Chaska 1 - and - 3 '
Eden Prairie 1 - and - 2
ARTICLE IV
MEETINGS, QUORUM, VOTE REQUIRED FOR ACTION OF THE BOARD
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Section 1 . Regular meetings of the Board shall be held on
the third Thursday of each month at 7:30 p.m. at the Chanhassen '
City Hall or on such other date, and at such other time and place
as shall be determined from time to time by the Board.
Section 2. All members are expected to attend regular
Cmeetings of the Commission. Members shall contact the Transit '
Administrator prior to the meeting if they are unable to attend.
Three consecutive absences or six absences in a twelve (12) month
period shall result in written notification from the Transit '
Commission to the represented party requesting a replacement be
made. The party shall then appoint a successor to fill the 1
remaining term of office.
Section 3. Special meetings of the Board may be called by '
the Chairperson or the Administrator by written or telephone
notice to each member of the Board at least two (2) days in '
advance of the meeting date and upon posting notice thereof in
the City Hall of the City of Chanhassen at least two (2) days in
advance of such meeting date. '
Section 4. A majority of the Commissioners of the Board
shall constitute a quorum, which shall be necessary for
Iconducting the business of the Board and exercising its powers.
Section 5. Except as otherwise provided herein, action of
' the Board shall require the affirmative vote of a majority of a
quorum or such larger number of the Commissioners constituting
the Board as may be voting upon a matter.
' Section 6. Meetings shall be conducted in accordance with
' the provisions of Revised Robert's Rules of Order, Second
Edition.
ARTICLE V
COMMITTEES
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The Board may provide for such standing and temporary
committees from time to time as it may determine.
' ARTICLE VI
' OFFICERS
Section 1 . Officers of the Commission shall consist of a
Chairperson, a Vice-Chairperson, a Secretary, and a Treasurer,
and such other officers as the Board deems necessary to conduct
its business and affairs. Officers shall be elected in January
of each year for a term of one (1 ) year and until their
successors have been elected and qualified.
Section 2. Chairperson--The Chairperson shall preside at all
meetings of the Board. The Chairperson shall also appoint the
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members of each standing or temporary committee from among the II
members of the Board and may designate a Chairperson of each such
committee. The Chairperson shall sign and execute all contracts,
agreements, deeds, and other documents and instruments made by or '
on behalf of the Commission.
Section 3. Vice-Chairperson--In the absence of the '
Chairperson, the Vice-Chairperson may exercise all the duties and
powers of the Chairperson. ,
Section 4. Secretary--The Secretary of the Commission shall '
maintain a record of all of the proceedings of the Board,
provided, however, the taking and preparation of minutes may be
performed by a recording secretary. The Secretary may attest to '
the signature or signatures of such officer or officers of the
Commission who may sign or execute any document or instrument on '
behalf of the Commmission.
Section 5. Treasurer--The Administrator shall be the
official custodian of all of the financial records of the
Commission, under the guidance or direction of the Treasurer. '
ARTICLE VII
ADMINISTRATOR
The Commission may employ an Administrator who shall have
general supervisory authority over administration of all of the
business and affairs of the Commission, including, but not
'
limited to, administration of the transit system or systems
provided by the Commission, contracts for transportation service, '
Imarketing and promotion of such services, as well as
I recommendations for changes or additions to the transportation
services provided. The Administratior shall have the care and
' custody of all funds of the Commission and shall deposit the same
in the name of the Commission in such bank or banks as the Board
may select. The Administrator shall perform such other duties
and functions as may be required from time to time by the Board.
' Compensation of the Administrator shall be established by the
Board.
ARTICLE VIII
DISBURSEMENT OF FUNDS
1
' Section 1. Disbursement of funds by the Commission shall be
in accordance, as far as practicable, with the method provided by
iit law for the disbursement of funds by the parties to the Joint
Powers Agreement establishing the Commission.
Section 2. Disbursement of funds shall be by an order drawn
by the Chairperson and the Administrator upon the Treasurer.
Except when issued for the payment of judgments, salaries, and
wages previously fixed by the Board or by statute, principal and
interest on obligations, rent, and other fixed charges, the exact
amount of which has been previously determined by contract
' authorized by the Board, and except as provided hereafter, no
order shall be issued until the claim to which it relates has
been audited and allowed by the Board. Upon allowance by the
' Board, a claim may be paid. Each order shall be drawn so that
when signed by the Treasurer in an appropriate space, it becomes
a check on the Commission's depository.
Section 3. When payment of a claim based upon contract can
not be deferred until the next Board meeting without loss to the '
Commission through forfeiture of discount privileges, or
otherwise, it may be made immediately if the itemized claim is
endorsed for payment by at least a majority of all members of the '
Board. The claim shall be acted upon formally at the next Board
meeting in the same manner as if it had not been paid. '
Section 4. Any officer or other agent or employee of the
Commission who is authorized, singly or in conjunction with '
another or others, to sign checks, drafts, warrants, warrant
checks, vouchers, or other orders on public funds on deposit in a
depository bank may authorize the bank to honor any such
instrument bearing a facsimile of that person's signature and to
charge the same to the account upon which drawn as fully as
though it bore his manually written signature. Any one
Y 9 y e or more
or all of the signatures upon any such instrument may be '
facsimile as herein provided.
ARTICLE IX
AMENDMENTS
These Bylaws may be amended at any regular or special meeting
of the Board with the approval of a majority of the then existing '
Commissioners of the Board, provided a copy of the proposed
amendment has been furnished to each Commissioner of the Board at
least ten (10) days prior to the meeting, and provided the
proposed amendment is not inconsistent with the Joint Powers
agreement establishing the Southwest Metro Transit Commission. '
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LANG, PAULY& GREGERSON, LTD.
' ATTORNEYS AT LAW
4108 IDS CENTER
80 SOUTH EIGHTH STREET
MINNEAPOLIS,MINNESOTA 55402
TELEPHONE:(612)338-0755
ROBERT I.LANG EDEN PRAIRIE OFFICE
ROGER A.PAULY 230 SUBURBAN NATIONAL BANK
DAVID H.GREGERSON 300 PRAIRIE CENTER DRIVE
RICHARD F ROSOW EDEN PRAIRIE,MINNESOTA 55344
MARK J.JOHNSON (612)829-7355
JOSEPH A.NILAN
JOHN W LANG REPLY TO MINNEAPOLIS OFFICE:
DIANA P MASSIE
LEA M.DE SOUZA
December 8, 1987
Beverly Miller
Southwest Metro Transit Commission
7600 Executive Drive
' Eden Prairie, MN 55344
Dear Beverly:
Enclosed please find a proposed Amendment to the Joint
Powers Agreement and the proposed Amendment to the Southwest
Metro Transit Commission' s Bylaws . These Amendments are drafted
pursuant to your request, so that a seventh commissioner may
I 11: be appointed by the parties to the Joint Powers Agreement on
a rotating basis.
To become effective the Amendment to the Joint Powers
' Agreement must be dated and signed by each of the cities. The
Bylaws may be amended by the approval of a majority of the exist-
ing Commissioners of the Board, simply by noting the approval
in the Minutes of the Meeting; no signature is necessary. -I
do notice that the present Article 9 of the Bylaws requires
that a copy of the proposed Amendment be furnished to each
Commissioner of the Board at least 10 days prior to the meeting.
1 Because this provision exists I suggest that you send out copies
to each commissioner as soon as possible and at the meeting,
make sure that they waive their right to receive the 10 - day
advance notice.
In addition, could you please fill in the Amendment No.
for the Bylaws. As far as I know this is the first amendment,
' however, I was not involved in drafting the Bylaws and I am
not certain of this.
' Very truly yours,
LANG, PAULY & GREGERSON, LTD.
By Citt3.1b • e
Diana P.' Massie
DPM/ds
Enclosures
m-700
A-c6pte-e,
AMENDMENT NO. 1 TO BYLAWS OF
SOUTHWEST METRO TRANSIT COMMISSION
Article III of the Bylaws of Southwest Metro Transit 1
Commission is amended to read as follows :
Section 1 . The governing body of the Commission is its
Board which consists of seven (7 ) commissioners . Commissioners 1
are divided into four (4) classes. Class 1, the terms of which
expire on December 31, 1987 , and every three years thereafter;
Class 2, the terms of which expire on December 31, 1988, and
every three years thereafter; and Class 3 , the terms of which ,
expire on December 31, 1989 , and every three years thereafter.
One commissioner will be assigned to Class 4 beginning g ginnin January 1,
C1988 . The term of the Class 4 commissioner shall expire on
r'1`t
December 31 , 1990, and every two years thereafter.
Section 2. The classes of commissioners representing each 1
of the parties are as follows:
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Party Classes
Chanhassen 2 - and - 3 ,
Chaska 1 - and - 3 '
Eden Prairie 1 - and - 2
In addition, the Class 4 commissioner shall be appointed by
the parties on a rotating basis, beginning January 1 , 1988, with I
an appointment by the City of Chaska, January 1 , 1990, with an
appointment by the City of Chanhassen and January 1 , 1992, with
an appointment by the City of Eden Prairie, and continuing in a
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like pattern thereafter.
' Section 3 . The successor of each of the commissioners
shall be appointed to the same class as the successor' s
predecessor.
' 2DPM/9021-3 .1
' 12-7-87
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RESOLUTION NO. 86-309
CITY OF EDEN PRAIRIE
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WHEREAS, the City of Eden Prairie is a party to a Joint
Powers Agreement Establishing a Southwest Area 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; and,
WHEREAS, the Joint Powers Agreement created and established
the Southwest Area Transit Commission; and, 1
WHEREAS, it is desirable to change the name of the Southwest
Area Transit Commission to Southwest Metro Transit Commission.
NOW, THEREFORE, BE IT RESOLVED, the execution of the "Second
Amendment to Joint Powers Agreement Establishing a Southwest
Area Transit Commission" changing the name of the "Southwest Area
Transit Commission" to "Southwest Metro Transit Commission" is
approved.
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ADOPTED by the Eden Prairie City Council on the 16th day of
December, 1986 . 1
Gary D. Peterson, Mayor 1
ATTEST: 1
John D. Frane, City Clerk
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IJOINT POWERS AGREEMENT dr
IL ESTABLISHING A SOUTHWEST AREA TRANSIT COMMISSION
THIS JOINT POWERS AGREEMENT is made and entered into this
?jst day of 0-1Alyy , 1986, 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 authority conferred upon the parties by Minnesota
' Statutes §174.265, Minnesota Statutes §473.384, §473.388, and/or
Minnesota Statutes §471.59.
' WHEREAS, the Cities of Eden Prairie, Chaska, and Chanhassen
have completed a Project Study under the Metropolitan Transit
Service Demonstration Program, which was established in 1982 by
the Minnesota Legislature under Minnesota Statutes §174 .265;
' WHEREAS, the purpose of this study was to test the efficiency
and effectiveness of alternative methods of providing public
' transit service for communities that are within the metropolitan
transit taxing district, but that are not adequately served by
existing regular route transit; and
' WHEREAS, each of the parties hereto desires to enter into
this Joint Powers Agreement and has, through the actions of its
respective governing bodies, been duly authorized to enter into
I4: this Joint Powers Agreement for the purposes hereinafter stated.
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, Chaska, and
Chanhassen, through their respective City Councils, that:
1. NAME.
The parties hereto hereby create and establish the
SOUTHWEST AREA TRANSIT COMMISSION.
2 . PURPOSE.
' The purpose of this Agreement and the SOUTHWEST AREA
TRANSIT COMMISSION is to provide alternative methods of providing
public transit service for the Cities of Eden Prairie,
' Chanhassen, and Chaska pursuant to Minnesota Statutes §473 .384
and/or Minnesota Statutes §473 .388.
3 . DEFINITIONS.
a) "Commission" means the organization created by
this Agreement, the full name of which is the
"SOUTHWEST AREA TRANSIT COMMISSION. "
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b) "Board" means the Board of Commissioners of the
' SOUTHWEST AREA TRANSIT COMMISSION.
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c) "Council" means the governing body of a party to '
this Agreement.
d) "Regional Transit Board" (RTB) is the regional
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transit board as established by Minnesota Statutes
§473.373.
e) "Advisory Committee" is a committee consisting of I
the City Manager or Chief Administrator of each
party, or his or her designee, which shall act as
Ian advisory body to the Board.
f) "Party" means any municipality which has entered
into this Agreement. I
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"4 . PARTIES.- -
The municipalities which are original parties to this
IIAgreement are Eden Prairie, Chanhassen, and Chaska. No change in
governmental boundaries, structure, organizational status or
character shall affect the eligibility of any party listed above
to be represented on the Commission so long as such party con- '
tinues to exist as a separate political subdivision.
5. BOARD OF COMMISSIONERS. I
a) The governing body of the Commission shall be its
Board which will consist of six commissioners.
IEach party shall appoint two commissioners.
b) There shall be three 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
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every three years thereafter. The term of each
commissioner in Class 3 shall expire on
December 31, 1989 , and every three years
thereafter. The original commissioners shall be
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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 commis-
II
sioners shall be assigned to Class 1, two commis-
" sioners shall be assigned to Class 2 , and two
commissioners shall be assigned to Class 3 . The
I
successors of each of the original commissioners
shall be appointed to the same class as their
predecessor.
c) A commissioner may be removed by the party art II
appointing him/her with or without cause.
d) The commissioners shall serve without compensation II
C from the Commission, but this shall not prevent a
party from providing compensation for a commis-
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sioner serving on the Board.
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' e) A majority of the members of the Board shall
constitute a quorum of the Board. Attendance by
a quorum of the Board shall be necessary for con-
' ducting a meeting of the Board. The Board may
take action at a meeting upon an affirmative vote
of a majority of the quorum, unless hereinafter
Ispecified otherwise.
f) At the organizational meeting or as soon thereafter
I as it may be reasonably done, the Board may adopt
rules and regulations governing its meetings. Such
rules and regulations may be amended from time to
time at either a regular or special meeting of the
1 Board provided that at least ten (10) days prior
thereto, notice of the proposed amendment has been
furnished to each member of the Board. A majority
I vote of all eligible votes of the then existing
members of the Board shall be required to adopt any
proposed amendment to such rules and regulations.
IIg) At the organizational meeting of the Board, and in
January of each year thereafter, the Board shall
elect a chairperson, a vice chairperson, a secre-
' tary, a treasurer, and such other officers as it
deems necessary to conduct its business and
affairs. The duties of the officers shall be
li 4: designated in the rules and regulations established
by the Board.
6 . POWERS AND DUTIES OF THE COMMISSION.
Ia) General.
I The Commission has the powers and duties to
establish a program pursuant to Minnesota Statutes
§473.384 and/or Minnesota Statutes §473 .388 in
I . order to provide public transit service to serve
the geographic area of the parties. The Commis-
sion shall have all powers necessary to discharge
its duties .
Ib) The Commission may acquire, own, hold, use,
improve, operate, maintain, lease, exchange,
I transfer, sell, or otherwise dispose of equipment,
property, or property rights as deemed necessary to
carry out the purposes of the Commission.
Ic) The Commission may enter into such contracts with
such persons or corporations, public or private, to
carry out the purposes of the Commission. The
I Commission may, if deemed necessary, contract for
and purchase such services, equipment, and func-
tions as the Board deems necessary for the protec-
tion of the Commission and the parties and to
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implement the provisions of the plan and program. '
The Commission shall not enter into any contract or
incur any obligation 'in violation of the provisions
of Minnesota Statutes Chapter 475. '
d) The Commission may establish bank accounts, both
savings and checking, as the Board shall from time
to time determine.
e) The Commission may employ an administrator, whose
duty shall be to administer policies as established
by the Commission. The administrator shall be an
employee of the Commission. Compensation of the
administrator shall be established by the Board.
The Commission may enter into employment contracts
with other personnel and may provide for compen-
sation, insurance, and other terms and conditions
that it deems necessary.
f) The Commission may, in lieu of directly operating a
public transit system or any part thereof, enter
into a contract for management services. The
contract may provide for compensation, incentive
fees, the employment of personnel, and other terms
and conditions that the Commission deems proper.
g) The Commission may sue or be sued.
h) The Commission may accept any gifts,
loans of money or other property from then United
- States, the state, or any person or entity; may
enter into any agreement required in connection
therewith; may comply with any federal or state
laws or regulations applicable thereto; and may
hold, use, and dispose of the money or property in
accordance with the terms of the gift, grant, loan,
or agreement.
i ) The Commission shall rovide any
and information requested by the party inlaccord-
ance with law. The Commission shall, in the deve- '
lopment of the program and implementation thereof,
prepare such reports, either financial or manage-
ment, as required by the Regional Transit Board or
other governmental units.
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
L the Regional Transit Board or other governmental
units.
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I k) The Commission shall maintain books, reports, and
records of its business and affairs which shall be
available for and open to inspection by the parties
Iat all reasonable times.
1) The Commission may contract to purchase services
I from any one of the parties.
7. OPERATING COSTS, BUDGET, AND FINANCIAL LIABILITY.
Ia) Operating Costs .
Operating costs shall include all non-capital costs
I for the maintenance and operation of the transit
system, including, but not limited to, gasoline,
oil, lubricants, parts, repairs, labor, and service
for any vehicles employed in such operation; insur-
I ance premiums; salaries and other direct payments
for work or labor in performance of the services
furnished by the transit system; indirect costs
' incurred in the employment of persons for the per-
formance of such services, such as taxes, unemploy-
ment compensation, workers ' compensation, insurance
benefits paid to or accrued for such employees, and
' any other costs attributable to such employment;
and any expenses incurred in connection with con-
tracts for management services.
ib) Budget.
I The Commission 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 fisca-1
I year including an estimate of capital expenditures,
operating costs, and revenues . Estimated capital
expenditures and operating costs shall be limited
Ito revenues received pursuant to Minnesota Statutes
§473 . 384 and Minnesota Statutes §473.388 , and
estimated revenues to be received from the opera-
tion tion of the transit system. The Board shall review
and approve or disapprove the budget. One-twelfth
( 1/12) of the estimated annual budget shall consti-
tute the estimated monthly budget. The estimated
I annual and monthly budgets may be adjusted from
time to time on the basis of actual costs incurred
or changes in estimated revenue. In the event
I of an adjustment of the budget, there shall be
furnished to each party a computation of said
adjustment.
III c ) Financial Liability.
`� The primary annual financial contribution to the
ICommission of each party shall be equal to the
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total amount of assistance which each party
receives pursuant to Minnesota Statutes §473.384
and Minnesota Statutes §473-. 388 . In addition, each
party shall be responsible for annual debts and
obligations of the Commission which exceed annual
revenues in accordance with the following formula.
Each party shall be liable for that percentage of
the total annual debts and obligations which exceed
total annual revenue which is directly proportional
to that party's primary annual financial contribu-
tion in comparison to the total primary annual
financial contribution by all parties to the
Commission during the year in question. The Board
shall submit a monthly bill to each party for its
proportionate share of actual expenses which exceed
actual revenues. At the end of each fiscal year,
each party shall be credited for any excess pay-
ments made by it during the year, or billed for its
proportionate share of actual expenses which exceed
- actual revenues for which it had not previously
been billed. Upon receiving a bill from the
Commission, each party shall remit payment of the
same within 30 days. To the extent that each party
is financially liable pursuant to the above for-
mula, each party hereby agrees to indemnify any
other party which for any reason assumes payment of
C its debts in connection with the operation of the
Commission. ,
d) Financial Liability Limited.
Notwithstanding anything to the contrary contained '
in paragraph 7(c) above, each party' s liability
under this contract shall be limited to the extent
that it shall not result in any indebtedness or the
incurrence of any pecuniary liability for which it
shall be necessary to levy in any year a rate of
taxes higher than the maximum prescribed by law or
to do any other thing in violation of Minnesota
Statutes §275.27 or any other law which shall cause
this Agreement to be null and void. Nothing con-
tained
in this Agreement shall preclude any party
from providing in any budget for, or making any
expenditure, or selling or issuing any bonds, or
creating any indebtedness, the payment of principal
• or interest of which shall require the levy of
taxes which levy may or may not be subject to any
maximum levy limitation or limitations prescribed
by law. Such party' s obligation to levy taxes for
payment of and to pay any amount to any other party
from any such tax levy shall be subordinate to, and
may occur only after provision is made for, the
( levy of taxes for and the payment of any such
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expenditure or indebtedness, the sale of issuance
of bonds and the payment of principal or interest
thereon.
8. INSURANCE.
The Commission shall provide or cause to be provided
motor vehicle liability (other than that applicable to public
transit vehicles) , general public liability, and public officials
liability insurance in amounts not less than $1,600 ,000, and
workers ' compensation insurance. The Commission shall also pro-
vide or cause to be provided insurance insuring against liability
arising out of the ownership and operation of public transit
' vehicles in such amounts and on such terms as the Commission
shall determine. The Commission may also provide insurance for
fire, theft, motor vehicle collision insurance, and other
' insurance relating to any of its property, rights, or revenue, or
any other risk or hazard arising from its activities. The
Commission may provide for the insuring of its officers or
employees against any other liability, risk, or hazard.
9. DURATION OF AGREEMENT.
' This Agreement shall continue in force until January 1,
1988, and thereafter from year to year, subject to withdrawal by
a party or termination by all parties. Withdrawal by any party
shall be effected by serving written notice thereof upon the
other parties no later than July 1 of the year at the end of
which such withdrawal is to be effective. Withdrawal from the
' 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 participa-
tion in the Agreement.
' 10 . DISTRIBUTION OF ASSETS.
In the event of withdrawal of any party from this Agree-
ment, all of the capital assets, real estate, liquid assets,
prepaid expenses and cash utilized by the Commission or its
designated management services, which the withdrawing party may
' have contributed to in proportionate share, shall be forfeited
to the Commission. In the event of termination of this Agreement
by all parties, all of the capital assets, real estate, liquid
assets, prepaid expenses, and cash which remain after payment
of debts and obligations shall be distributed among the munici-
palities 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 Commission during the previous five years by
the total amount contributed to the Commission over the previous
•
five 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 Commission pur-
suant to paragraph 7(c) and shall be subject to the party' s
continuing liability pursuant to paragraph 9 .
11. ARBITRATION.
If the parties are unable to agree upon any matter to be
decided by the Commission, any party may submit such unresolved
dispute for arbitration in accordance with the rules of commer-
cial arbitration of the American Arbitration Association, with
the parties sharing the costs of such arbitration equally (other
than each parties ' own expenses incurred in presenting its posi-
tion during the arbitration proceedings) . In the event any
dispute is submitted to arbitration, the parties agree to be
bound by the results of the arbitration.
12. COOPERATIVE EFFORT. I
Each of the parties agrees that it will cooperate fully
and in a timely manner to take the actions necessary to facili-
tate and accomplish the foregoing provisions of this Agreement. I
13. EFFECTIVE DATE.
This Agreement shall be in full force and effect from _ '
and after the date of passage and adoption by the governing body
of each party.
IN WITNESS WHEREOF, the undersigned Governmental Units, by
action of their governing bodies, have caused this Agreement to
be executed in accordance with the authority of Minnesota
Statutes §471. 59 .
CITY OF EDEN PRAIRIE
BY: A
Its '
BY:
Its e-.0, f I
Approved by the City Council
of Eden Prairie this iyik
day of 1 , 1986 .
✓ , 1
•
1
-8-
•
' CITY OF - ANHASSEN
' BY:
I s "a‘--
BY: '42
Its -
Approved by the City Council
of Chanhassen this 0G4t
day of 9.0„1„(1,- , 1986 .
CITY OF CH'
' BY: Ara."
I s // / /i
1 BY: ,
Its Lt(S'' � r
I4: Approved by the City Council
of Ehatka this 21st
day of Chaska , 1986 .
1
1
IC
1
I —9—
FIRST AMENDMENT TO JOINT POWERS AGREEMENT
ESTABLISHING A SOUTHWEST AREA TRANSIT COMMISSION ,
C
THIS AMENDMENT to the Joint Powers Agreement Establishing
the Southwest Area Transit Commission, is made and entered into
this 20th day of August , 1986, by and between the Cities I
of Eden Prairie, Chanhassen, and Chaska, all being municipal corpo-
rations organized under the laws of the State of Minnesota, pursuant
to authority conferred upon the parties by Minnesota Statutes § I
174.265, Minnesota Statutes § 473.384, § 473. 388, and/or Minnesota
Statutes § 471.59. I
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, Chaska, and Chan- I
hassen, through their respective City Councils, that paragraph
6 of the Joint Powers Agreement Establishing the Southwest Area I
Transit Commission is amended by adding the following provision:
M. Without the rior written approval pproval of the Councils
of all parties to this Agreement, the Commission shall
not purchase buses, motor vehicles, buildings, real
estate or lease the same for a period in excess of
five years.
CITY OF EDEN PRAIRIE
BY: �� 7 /�/►l/J ece%
�-
Its AdIRSE77
:/
Its Ne --�!
BY: •
�•+i.. '`
Approved by the City Council
of Eden Prairie this gt-L,
da ./1_,Artra■..
of � Y , 1986.
I
r T,01- CHA-HASSEN
BY: \ e✓ I
I - '� m
_ t
1 -
0/-50BY:
Its Air
aj%.►
Approved by the City Council '
1 of Chanhassen this day
of G r fp , 1986.
1
CITY OF C
KAREN J. ENGELHARDT
BY: — / ` j /
1 ;sy NOTARY peie - MINNESOTA i
`':S CARVER COUNTY is L/i ,,
` , - My commission expires 1G1691 /
1 BY: / !�
1 Approved by the City Council
of Chaska this a2 day of
, 1986.
iC
1
1
1
1
1
1
1 _
• C.
1
1
II
SECOND AMENDMENT TO JOINT POWERS AGREEMENT
II
ESTABLISHING A SOUTHWEST AREA TRANSIT COMMISSION
THIS Second Amendment to Joint Powers Agreement Establishing I
a Southwest Area Transit Commission is made and entered into this
day of , 1986, by and between the Cities of
Eden Prairie, Chanhassen, and Chaska, all being municipal corpor- '
ations organized under the laws of the State of Minnesota, pursuant to
authority conferred upon the parties by Minnesota Statutes Sec. 174 . 265 ,
Minnesota Statutes Sec. 473. 384, Minnesota Statutes Sec. 473. 388 ,
II
and/or Minnesota Statutes Sec. 471.59 .
In consideration of the mutual covenants and agreements contained
herein, it is hereby agreed by and between the Cities of _Eden il
Prairie, Chaska, and Chanhassen, through their respective City Councils ,
that the Joint Powers Agreement Establishing the Southwest Area
Transit Commission, as amended (the "Agreement") is further amended
II
as follows :
1. The title of the Agreement shall read "Joint Powers
I
Agreement Establishing a Southwest Metro Transit Commission. "
2. Section 1 of the Agreement shall read:
"1. Name II
"The parties hereby create and establish the I
SOUTHWEST METRO TRANSIT COMMISSION. "
3. All references to "Southwest Area Transit Commission" in II the Agreement shall be changed to Southwest Metro Transit Commission. "
IN WITNESS WHEREOF, the undersigned Governmental Units, by- action
of their governing bodies , have caused this Second Amendment to il
Joint Powers Agreement Establishing a Southwest Area Transit
Commission to be executed in accordance with the authority of
Minnesota Statutes §471. 59 . I
CITY OF EDEN PRAIRIE
BY' s;„?.1 1�' � � II
As
By: : .
II
,sue
Approved by the City Council
of Eden Prairie this day
II
of , 1986. .
CITY CH NHASSEN
By. , Z 1� II
I s
Approved by the City Council
of Chanhassen this day By: , �
o
II
f , 1986 . Its
I
CITY OF P -A" A •
By: L- �.�.a.i.•
tS mow.
By: AUL
Its ■,l"! .!
Approved by the City Council
' of C ash ka this g l day of
-`/�.� , 1986 .
1
1
1 - 2 -
1
I
C
1
THIRD AMENDMENT TO JOINT POWERS AGREEMENT '
ESTABLISHING A SOUTHWEST AREA TRANSIT COMMISSION
(Now Southwest Metro Transit Commission) 1
This Third Amendment to the Joint Powers Agreement 1
Establishing the Southwest Area Transit Commission (now Southwest
Metro Transit Commission) , is made and entered into this '
day of , 1987 , by and between the Cities of Eden
Prairie, Chanhassen, and Chaska, all being municipal corporations
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 .
4: NOW THEREFORE, BE IT RESOLVED, in consideration of the
mutual covenants and agreements contained herein, it is hereby 1
agreed by and between the Cities of Eden Prairie, Chanhassen, and
Chaska, through their respective City Councils , that Subparagraphs 1
5.a and 5 .b of the Joint Powers Agreement Establishing the
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 commissioner ( "original
commissioners" ) and a seventh commissioner will be ,
appointed by the parties on a rotating basis as
described below.
I
I
Page -2-
i
' 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
tshall be appointed to Classes 1 through 3 by draw,
provided that no two commissioners appointed by a
1 party shall be members of the same class. Two com-
missioners shall be assigned to Class 1, two commis-
sioners shall be assigned to Class 2, and two
' commissioners shall be assigned to Class 3 . A sev-
enth commissioner shall be assigned to Class 4 begin-
ning January 1 , 1988 . The term of the Class 4
commissioner shall expire on December 31 , 1990 , and
every two years thereafter. The Class 4 commissioner
shall be appointed by the parties on a rotating
basis, beginning January 1 , 1988, with an appoint-
.' ment 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 continu-
ing in a like pattern thereafter. The successor of
each of the commissioners shall be appointed to the
same class as the successor ' s predecessor.
a
(7 Page -3- I
CITY OF EDEN PRAIRIE
B3//" >,--> �/w;"I�
Its
By (,-._(' l 1 Pt I
Its f
Approved by the City Council
I
of Eden Prairie this
day of , 1987 .
1
CITY OF CHANHASSEN /
II
By ‘\./7 -',' t / 7171;- . /
Its Mayor' II
C By 4.0 / �•
Its City Manage"r. I
Approved by the City Council
of Chanhassen this day
Iof , 1987 .
II
CITY OF - , - A D .
..... / t / /j I
By A.-C
i s /ArI
. I
BY lilt 117' ,4,
A
I
pproved by the City Council
of Chaska this day of
1987 . I
1DPM/9021-4 II
12-7-87
I
II