RES 18-77CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO: 2018-77
WITHDRAWING FROM THE WRIGHT COUNTY AREA
TRANSPORTATION JOINT POWERS BOARD
WHEREAS, the Wright County Area Transportation Joint Powers Board (WCAT Board) was formed by
a Joint Powers Agreement between a number of Wright County cities in 2014. Wright County was added
to the WCAT Board in 2017 pursuant to a WCAT Joint Powers Agreement (2017 WCAT JPA) adopted
by the Wright County cities who were members of the WCAT Board and by Wright County. Otsego
adopted the 2017 WCAT JPA on December 11, 2017, with a copy of the 2017 WCAT JPA attached
thereto as Exhibit A; and
WHEREAS, the WCAT Board has pursued its stated general purpose of providing affordable public
transportation to the residents of its cities, primarily by taking part in Trailblazer Transit, a joint powers
organization with McLeod and Sibley Counties; and
WHEREAS, the members of WCAT Board now seek to dissolve the WCAT Board and to have Wright
County, through its Board of Commissioners, take the place of the WCAT Board as a partner in
Trailblazer Transit; and
WHEREAS, the members of the WCAT Board also wish to have any funds remaining after payment of
WCAT obligations transferred to Wright County to be used for public transit purposes.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO,
MINNESOTA:
That the City of Otsego, by action of its City Council, hereby withdraws from the WCAT Board,
effective December 31, 2018, but contingent upon the adoption of a substantially similar
Resolution by the other members of the WCAT Board whereby said other members also
withdraw from the WCAT Board effective December 31, 2018.
2. That all bills and obligations of WCAT shall be paid from any funds remaining with the WCAT
Board.
3. That notwithstanding section 9 of the 2017 WCAT JPA, all WCAT funds remaining after
payment of bills and obligations incurred through December 31, 2018 shall be transferred to the
Wright County Auditor -Treasurer, to be used for public transit purposes.
4. That by taking these actions, the City of Otsego City Council intends that upon adoption of a
substantially similar Resolution by the other members of the WCAT Board the WCAT Board will
be dissolved and further intends to effectively rescind any provision of the 2017 WCAT JPA that
may be in conflict with this Resolution.
ADOPTED by the Otsego City Council this 10th day of December, 2018.
CITY OF OTSEGO
og1WA&--h'*UAA
Jessica Stockamp, Mayor
ATTEST:
`1.
Tami LOW, City Clerlc
MOTION made by Council Member Heidner and SECONDED by Council Member
T -a n. n-er
INFAVOR: Stockamp, Heidner, Tanner, Warehime
OPPOSED: None
2
EXHIBIT A -1 OF 4
`WRIGHT COUNTY AREA TRANSPORTATION
JOINT POWERS AGREEMENT
The parties to this.Agreeraent are municipal corporations under the laves of the State of Minnesota and
located in Wright County, Minnesota the partles to this Agreement are hereafter referred to
Individually as a "City" or "Wright County" and collectively as the "Cities"• or as "governmental units",
RECITALS
WHEREAS, Minnesota Statute §471.S9 authorizes the joint and cooperative exercise. of powers common
to th:e governmental units; and
WHERFAS, the governmental units desire to provide for an agreement. between and among them to
establish a joint powers board for Transportation for the purpose of providing a coordinated service
delivery and funding.source for public transportation;: and
WHEREAS, each.governmental unit has adopted.a Resolution finding that it is in the best interests of the
citizens of each governmental unit to, enter into this Agreement:
NOW THERErORE, iT IS. MUTUALLYAGRFED AND UNDERSTOOD AS FOLLOWS:
1. General Purpose. Pursuant to the authority of the Joint Powers Act, the goverhmenta(units
desire and 'intend t9 provi.de affordable Public-Transpgrtation to their communities. The goal of the
governmental units is to provide people in their communities with mobility and access.to employment,
community resources, medical care and recreational opportunities, While reducing the impact of road
congestion; teavef times, air pollution, the cost of road maintenance and repair, and energy and oil
consumption for their communities.
2. Joinder of Wright County Political Subdivisions. The undersigned governmental units hereby
agree to join to for the purpose of coordinating the delivery of public transportation services and
establishing a jointfunding source for said services through establishment of a Wright County Area
Transportation Joint Powers Board ("WCAT Board' Any governmental unit seeitingto join the WCAT
Authority after January 1, 20 .8, shall do so only on an affirmative vote of a majority of the WCAT Board
members.. The WCAT Board shall determine voting authority and contribution requirements for any
governmental units joining after January 1, 2018.
3. WCAT Board Composition. Each governmental unit shalf appoint annually a representative to
the WCAT Board. Each governmental unit may appoint an. alternate representative who may act in the
place and stead of an absent representative from that governmental unit. Members to the board may
be appointed or removed atthe pleasure of the, governmental unit, with 'each member serving until
their successor is appointed and quallffed:as provided by each governmental unit. Each member shall
serve without compensation, health or medical benefits provided by the WCAT Board.
4. Funding. The WCAT Board is authorized to procure such State and Federal funding as is
available toward financing the costs of providing public transportation services for the governmental
units.
EXHIBIT A - 2 OF 4
a. Wright County shall provide the funding necessgryfor the WCAT Board share of the
Trailblazer Transit operating capital balance, For calendar year 2018, this amount is
$0001000. Said amourit shall be held in a reserve account. by Trailblazer Transit and shall be
released from the reserve account only in accordance with the voting and other
requirements of the Trailblazer Joint Powers Agreement.
b, Wight County shall pay 50% of the WCAT Board's unfunded' local share (operating expenses
and capital expenditures) in 2018. For 2019, Wright County.shall pay 60% of the WCAT
Board's .unfunded local share (operating.expenses anal capital expenditures), For 2020,
Wright County shall pay 70% of'the WCAT Board's unfunded local share (operating expenses
and capital expenditures). For 2021, Wright County shall pay 80% of the WCAT Board's
'unfunded local share (operating :expenses and capital expenditures). For 2022)Wright.
County shall pay.9.0/ of the WCAT Board's unfunded local share (operating expenses and
capital expenditures), For each yea reach City agrees to pay,8 proportionate share (the
"Pro Rata Share") of.the WCAT Board's remaining unfunded.op'erating expenses and capital
expenditures;, with a cap of $100,000 for the cities' contribution towards operating expenses
and a .cap of $100,Oo0.for the cities' contribution towards capital expenditures for each
year. The pro rata share for each City shall be based upon the .number.of rides originating
in.the City during the prior year as compared to the total number of rides originating 10 all
of the Cities during the prior year (the "Ride Share").
S. Meetings, The WCAT Board shall meet at least ann.ualiy on a schedule determined bythe WCAT
Board. All rrieetings of the WCAT Board shall be, Conducted in a manner consistent with the Minnesota
Open Meeting Law, Minn. Stat, §13D.01, et. seq., as amended. Special meetings may be.called bythe
WCAT Board Chair or upon written request of three (3) or more hlerfTbers of the WCAT Board. Written
notice of any special meetings shall be sent to afl WCAT Board members and to the City Clerk or County
Coordinator of each governmental unit to comply with posting requirements.
G. Powers and pubes. The powers and duties of the WCAT Board include, but are not limited to,
expending funds for the purpose of establishing, funding, coordinating, administering. and operating a
public transportation service'iriclgding:
a. Apply for, receive and expend State and Federalfunds available for said purpose, as well
as funds from other.lawful sources, including fares, donations or gifts for the purpose of providing public
transportation services and such supplemental services deemed advisable by the WCAT Board.
b. Approve an annual budget.
c. Adopt and implement a managementpfan to carry out the WCAT Board's purpose.
d. Enter Into contracts with public or private entities as the WCAT Board deems necessary
to.accompiish the purpose for which the WCAT Board is organized, ineludirig,. but not limited to,, the
hiring of any consultants.
e. obtain such insurance as the Board deems necessary forthe, protection of the WCAT
Board, members of the WCAT Board, member cities, and its property;
EXHIBIT A - 3 OF 4
f.: Exercise all other lawful powers necessary and incidental to the implementation of
public transportation services and the.putposes and powers set forth herein,
h. The WCAT Board has no authority to obtain or operate an independent transit service
without the express approval of a majority of the Parties.
I. The WCAT Board has no authority to levy taxes or issue debt for operating capital or
debt service purposes uniess approved in writing by the governing body of all governmental units.
The WCAT Board has no authorityto issue debt that exceeds the term of this
Agreement,
7. Voting. Wright County shall be entitled to 50% of the weighted voting power for the WCAT
Board. The remaining 50% of the weighted voting power forthe WCAT Board shall be apportioned
among the Citles as follows; Each City shall be entitled to one vote plus .one additional vote per each
8,000 rides originating in that City during the previous. year. Prior to the first Meeting In March the.
Secretary of the WCAT Board shall determine the number of votes for each Party In accordance with this
section :and certify the results to the Chair: A quorum shall consist of a simple majority (51%.) of
representatives from the governmental units. A simple majority vote, on a weighted basis, of the WCAT
Board members present at the meeting with avalid quorum shall be required by the WCAT Board to
take action unless otherwise provided in this Agreement or by law.
WCAT currently has two seats on the Trailblazer Transit Board, One of these seats shall be filled
by a representative appointed by Wright County.
8, officers. There shall. be a chair, a vice chair., and a secretary elected, from the members of the
WCAT Board at the initial meeting of each year: The officers shall be elected from different member
governmental units. The WCAT Board may elect or appoint such other officers as it deems necessary to
conduct its meetings and affairs,
9, Effective Date%Termination. This Agreement shall become effective as of January 1, 2018 and
:shall continue in effect through December 31, 2022.: This Agreement shall remain in effect for each
respective governmental unit until that governmental unit hereto gives notice to the WCAT Board of its
intention to withdraw. Notice of withdrawal must be given by April � of a given year. If notice of
Withdrawal is given afterApril l of a given yearthe withdrawal shall be effective on December 31 of the
following year. A withdrawing governmental unit shall be responsible for its respective share of any
debts or liabilities oufistariding as of the effective date of withdrawal.. Termination will be effective at the
conclusion of the fiscal year. This AgrebMent shall remain in effect as to the remaining members
provided that there: are three or more members who desire to continue operating the. WCAT Board. The
withdrawing member shall. not be entitled to compensation or distribution of any.assets of the WCAT
Board. In the event of dissolution of the WCAT Board, °any property owned or held by the WCAT Board
shall be sold for fair market value.. All rerriaihing funds after satisfaction of all WCAT Board debt,
payments. and other financial obligations shall be returned to the governmental units in the same
manner in which the governmental units contributed funding.to the WCAT Board in the last full calendar
year prior to dissolution.
EXHIBIT A - 4 OF 4
J.O. No Waiver. Nothing herein shall be construed to waive or limit any Immunity from, or limitation
on, liability available to any governmental unit, whether set forth in Minnesota Statutes, Chapter 466 or
otherwise,
11. Severability. If any section, subdivision or provision of this Agreement shall be held Invalid or
unenforceable for any reason, the invalidity or unenforceablllty of such section, subdivision or provision
shall not Invalidate or render unenforceable any of the remaining provisions.
12. Amendment, Any amendments to this Agreement must be in writing, signed by all of the
governmental units, following approval of their respective governing bodies.
18. Governing haw. This Agreement shall be interpreted In accordance with the laws of the State of
Minnesota.
14. Liability and Insurance. Each governmental unit shall be liable for its torts and the torts of its
employees, agents and consultants In undertaking Its respective individual responsibilities as described
in this Joint Powers Agreement. Notwithstanding any language to the contrary, the governmental units
agree that liability arising out of the activities of the WCAT Board and the governmental units shall be
subject to the requirements of Minnesota Statutes §471.59, Subdivision 1a. (b), as It may be amended.
The governmental units Intend that the WCAT Board shall obtain Insurance coverage for Its tort.liability
and general liability as a Joint Powers Board. Nothing herein shall be construed to waive or limit any.
Immunity from, or limitation on, liability available to any governmental unit, whether set forth In
Minnesota Statutes, Chapter 466 or otherwise,
15. Default. The failure by any governmental unit to observe ortimely perform any covenant,
condition, obligation or agreement herein shall constitute Default of the Agreement. Whenever a
Default occurs, the WCAT Board shall provide thirty (80) days written notice to the defaulting
governmental unit of the default which notice Includes the nature of the Default and the manner in
which the Default may be cured, If the Default Is not timely cured, the WCAT Board may take any action
available, including legal, equitable or administrative action, to enforce this Agreement.
16, Disputes, The governmental units agree that they will submit any disputes under this
Agreement to mediation prior to resorting to an action In Court.
By signing this Agreement, the governmental units certify that the same has been approved by their
respective governing bodies.
P
By
ATTEST:
County Coordinator tl
ATTEST:
City Administrator
aot
Ili
WRIM�9,11 _ �3114
. �.
ATTEST:
City Administrator
aot
WRIGHT COUNTY AREA TRANSPORATATION
ADVISORY COUNCIL BY-LAWS
I. NAME
The name of this organization shall be the Wright County Area
Transportation Advisory Council (WCAT).
II. PURPOSE
A. The purpose of WCAT shall be to provide affordable public transportation to the
communities of Wright County. The goal is to provide people in their
communities with bili and access to employment, community resources,
medical care an tional opportunities, while reducing the impact of road
congestion, tr time it pollution, the cost of road maintenance and repair,
and ener2v oil cons ption for their communities.
11-30PR l_ri-i
Wright County 13-31
matters. Its effectil
rather than through
III. MEMBERSHIP
only, making recommendations to the
xs (County Board) regarding public transit
is in the counsel and advice it provides
A. The membership of WCAT shall consiAbf 9
as follows:
1. Three representatives of the cities w' e la t rid ip during the year
preceding their appointment. These members s all be a nted by their
respective city councils.
2. Four at large representatives from Wright Coun rties other than those
represented under Section III. A. 1. These members shall be appointed by the
County Board.
3. Two representatives from Wright County townships. These members shall be
appointed by the County Board.
B. The term of these representatives shall be as follows:
1. Two calendar years, with the terms ending on December 31 of the year.
2. The initial appointments of the township representatives and two of the at
large city representatives shall be for one calendar year.
3. All initial appointments shall be extended so that they include the remaining
portion of 2018.
C. Appointed members may serve two successive terms.
D. Vacancies shall be by the appointing body, and such appointee shall serve for the
reminder of the existing term.
IV. ORGANIZATION
A. WCAT shall meet at least quarterly.
B. The meeting schedule will be determined at the first meeting of the year.
C. There shall be a ice chair and a secretary elected by the members at the
first meeting e ye These officers will serve a one year term, ending with
the calend ar.
D. A quorum sh of AT members.
E. Special meetings m c
Members must receive not
hours prior to the meeting.
F. WCAT is subject to the M
V. AMENDMENTS
Fe president or by four members of WCAT.
of a special meeting with agenda at least 72
These bylaws may be amended by a majority vote of the Xexmembership of
WCAT, after full notice has been given in writing to all member