HomeMy WebLinkAboutResolution - 90-11 - Authorizing Executive of 4th Amendment of 4th Amendment to Joint Powers Agreement for Southwest Metro Transit Commission - 01/16/1990 J�
RESOLUTION NO. 90-11
CITY OF Eden Prairie
WHEREAS, the City of Eden Prairie 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 Eden Prairie City Council on the 16th
day of January 1990
Mayo
ATTEST: ,
City C P lrt�l
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