96-48 RESOLUTION NO. 96-48
CITY OF CHANHASSEN
RESOLUTION DECLARING INTENT TO
EXERCISE LOCAL TRANSIT TAX LEVY OPTION FOR TAXES
TO JOINT POWERS AGREEMENT
WHEREAS, Laws of Minnesota for 1996, Chapter 455, Section 4 (the "Local
Levy Option Act"), allows the Cities of Eden Prairie, Chanhassen and Chaska to make a
local transit tax levy in lieu of receiving assistance from the Metropolitan Council under
Minnesota Statutes, Section 473.388, subdivision 4; and
WHEREAS, said local transit tax levy will replace a similar transit tax levy which
would otherwise be made by the Metropolitan Council; and
WHEREAS, in order to effectively exercise the local transit tax levy option, it is
necessary that each of the Cities of Eden Prairie, Chanhassen, and Chaska (a) notify the
State Commissioner of Revenue of its intent to levy the taxes before July 1 of each levy
year and to include in the notification the amount of the City's proposed transit tax for the
levy year, and (b) agree to amend the Joint Powers Agreement (the "Joint Powers
Agreement") pursuant to which the Southwest Metro Transit Commission was established
to provide for payment to the Commission of the transit tax revenues derived from the levy
as is currently provided for the payment of all other assistance received by each City
pursuant to Minnesota Statutes, Sections 473.384 and 473.388; and
WHEREAS, staff of the Commission has caused to be prepared a proposed
amendment to the Joint Powers Agreement in the form of a Second Restated Joint Powers
Agreement (the "Joint Powers Agreement Amendment'') to be executed on behalf of each of
the Cities of Eden Prairie, Chanhassen and Chaska, respectively; and
WHEREAS, it is in the best interest of the City of Chanhassen that it declare its
intent to exercise the local transit tax levy option for taxes payable in 1997 and enter into the
Joint Powers Agreement Amendment.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Chanhassen as follows:
1. The City hereby declares its intent to exercise the local transit tax levy option
for taxes payable in 1997 in the maximum amount permitted by Local Levy Option Act and
as certified by the State Commissioner of Revenue in accordance therewith.
2. The City Manager is authorized and directed to give the State Commissioner
of Revenue and the Metropolitan Council notice of the City's intent to exercise the local
transit tax option for taxes payable in 1997 in accordance with the notice attached hereto as
Exhibit A and incorporated herein by reference.
3. The Joint Powers Agreement Amendment is hereby approved in
substantially the form on file in the offices of the City, and the Mayor and City Manager
are hereby authorized and directed to execute on behalf of the City the Joint Powers
Agreement Amendment, together with such additional details therein as may be necessary
and appropriate and such modifications thereof, deletions therefrom and additions thereto
as may be necessary or appropriate and approved by the City Attorney prior to the
execution thereof. In the event of the absence or disability of the Mayor or the City
Manager, such officers of the City as, in the opinion of the City Attorney, may act on his or
her behalf, shall, without further act or authorization of the City Council, execute the Joint
Powers Agreement Amendment in place of such absent or disabled officer. The execution
of the Joint Powers Agreement Amendment shall be conclusive evidence of the approval of
such agreement in accordance with the terms hereof.
Adopted:
June 10, 1996
ATYEST: ~~
City Manager
EXHIBIT A
NOTICE OF INTENT TO EXERCISE
LOCAL TRANSIT TAX LEVY OPTION FOR
TAXES PAYABLE IN 1997
The State Commissioner of Revenue and the Metropolitan Council is hereby notified that
the City of Chanhassen, Minnesota, intends to exercise the local transit tax levy option for
taxes levied in 1996 and payable in 1997 pursuant to Laws of Minnesota for 1996, Chapter
455, section 4. The proposed amount of the City's transit tax for the 1996 levy year is
$549,473 i.e. the maximum amount certified by the State Commissioner of Revenue in
accordance with Laws of Minnesota for 1996, Chapter 455, Section 4, for taxes levied by
the City in 1996 and payable in 1997.
By order of the City Council of the City of Chanhassen.
RECEIVED
JUN 1 7 1996
CITY OF CHASHASSEN