Agenda - Council - 04/27/2010 - Laserfiche WebLink

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March 23, 2010 Page 2 of 3 SUMMARY OF AMENDII~IENT N0.2 Attached is the proposed Amendment No. 2 to the JPA. Proposed new language is underlicied; deleted language is stricken. These changes are summarized below: Article I is amended to clarity that, under current law, the NCDA will need a delegation of authority from the Metropolitan Council (the owner and operator of Phase I) in order to develop the next phase of Northstar. 2. Article IV, Paragraph I-I, makes a similar change. Article V, Section 2, Paragraph B is amended to update the statutory reference. The more substantive change proposes to authorize the Executive Committee to approve contracts up to amounts approved in the annual budget. ~. Article V, Section 2, Paragraph G is another update to include a reference to the Metropolitan Council. Article VI, Sections 2 and 3 are amended to provide that the Chair of the NCDA must be a county commissioner representing a county regional raih•oad authority and shall act as Chair of the Executive Committee. Section 3 clarifies the Committee structure, membership and responsibility. Specifically, the proposed changes eliminate the Capital Budget Committee, change the Executive Committee membership to include only the funding partners, and expand the duties of the Executive Committee to include the approval of contracts, the approval of the annual administrative budget, and the former responsibilities of the Capital Budget Committee. 6. Article VI, Section 6 is amended to require at least two meetings of the NCDA in each calendar year. VJliile it is anticipated that the minimum will be exceeded, this amendment was suggested to ensure on-going participation of the NCDA. 7. Article VII, Section 2 clarifies the timing and process for the approval of the budget and requires a 2/3 majority vote of the NCDA members present to approve the budget. This change addresses past diff culty in achieving a quorum when the annual budget needs to be approved. It further allocates administrative expenses arising out of claims for damages. 8. Article IX, Section 2 is simpl}' an updated statutory reference. J. Article IX, Section 6 is a substantive clarification to address liability. 'fhe original JPA allocated liability/damages iu proportion to the entities' funding contribution. (See Article VII, Section 2.) "I'he new Article IX, Section 6 establishes that the NCDA is a separate public entity, each party is responsible for its own acts, and reaffirms the tort liability limits. The proposed change is more reflective of the approach in current intergovernmental agreements and provides greater protection to the members.