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2j. Joint Powers , Southwest Metro , i -" CITY of CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM __�� fpk TO: Don Ashworth, City Manager FROM: Jo Ann Olsen, Assistant City Planner b-a DATE: January 6 , 1988 1 SUBJ: Amendment to the Joint Powers Agreement For the Southwest Metro Transit Commission 1 On December 17, 1987, the Southwest Metro Transit Commission voted to approve the third amendment to the Joint Powers Agreement establishing a seventh commissioner. The reason for the seventh commissioner was to make it easier to reach a quorum 1 and to prevent a tie vote situation which could occur with the six members. 1 RECOMMENDATION Staff recommends the City Council approve the third amendment to 1 the Joint Powers Agreement for the Southwest Metro Transit Commission as detailed in Attachment #1 . 1 1 1 1 1 1 1 i 1 I THIRD AMENDMENT TO JOINT POWERS AGREEMENT ESTABLISHING A SOUTHWEST AREA TRANSIT COMMISSION 1 (Now Southwest Metro Transit Commission) This Third Amendment to the Joint Powers Agreement 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 . 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 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 I commissioners" ) and a seventh commissioner will be ' appointed by the parties on a rotating basis as described below. ' i I Page -2- ' 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 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. 1 (- Page -3- 1 CITY OF EDEN PRAIRIE By Its By Its Approved by the City Council of Eden Prairie this day of , 1987 . 1 CITY OF CHANHASSEN By 1 Its By Its Approved by the City Council of Chanhassen this day of , 1987 . 1 CITY OF CHASKA By 1 Its By Its Approved by the City Council of Chaska this day of , 1987 . 1 1DPM/9021-4 12-7-87 1 1