5.4. SR 01-11-1999
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Item #5.4.
River
MEMORANDUM
TO:
Mayor & City Council
FROM:
Phil Hals, Street/Park Superintendent
DATE:
January 11, 1998
SUBJECT: Joint Powers Agreement to Own and
Operate a Brush Grinder
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Street superintendents from Becker, Big Lake, and Zimmerman,
Environmental Code Enforcement Officer Laurie Mezera-Kerr from the city
of Elk River, and I have been working with the Sherburne County Solid
Waste Committee to address the mutual problem of dealing with increasing
volumes of brush and compost produced by local residents. The Sherburne
County Solid Waste Committee has recommended funding a four year ''lease
to own" purchase of a large capacity brush grinder and a skid steer loader
with a tine grapple bucket to feed it.
The Sherburne County Board has approved the funding and the four city
councils are being asked to approve the attached joint powers agreement
which will establish a joint powers board and the rules for the equipment
usage.
By co-oping the purchase we are able to get one large grinding machine plus
the feed loader instead of four smaller hand fed chippers.
Action Reauested
City Council approval of the joint powers agreement and the appointment of
Street Superintendent Phil Hals to be the city representative on the joint
powers board.
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13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420. Fax: (612) 441-7425
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JOINT POWERS AGREEMENT ESTABLISHING THE
SHERBURNE COUNTY MUNICIPAL RECYCLING BOARD
TO DIRECT AND CONTROL THE ACQUISITION AND USE
OF SHARED MUNICIPAL EQUIPMENT & TOOLS
The parties to this agreement are governmental units of the State of
Minnesota. This agreement is made pursuant to the authority conferred upon
the parties by Minnesota Statute 471.59.
1. General Purpose.
The purpose of this Joint Powers Agreement is to establish a Board of
Directors, to direct and control the acquisition and use of shared municipal
equipment and tools.
2. Definitions.
2.1 "Additional Member." A signatory of this Joint Powers Agreement who is not
an initial member.
2.2 "Board." The Board of Directors established by this agreement.
2.3 "Director." A member of the Board of Directors.
2.4 "Initial Member." An original signatory of this Joint Powers Agreement as
identified in Section 3.1.
3. Membership.
3.1 The initial members shall be the Cities of Becker, Big Lake, Elk River and
Zimmerman, Minnesota.
3.2 No change in governmental boundaries, structure, organizational status or
character shall affect the eligibility of any member listed above to be
represented on the Board as long as such member continues to exist as a
separate political subdivision.
4. Board of Directors.
4.1 The Board of Directors shall consist of a mayor of each member City listed in
Section 3.1. Each member may designate an alternate for its appointed
Director.
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4.2 Directors shall serve without compensation from the Board. This shall not
prevent a member from providing compensation to a Director for serving on
the Board.
5. QuorumIV otine:.
5.1 A majority of all of the Directors shall constitute a quorum. A simple majority
vote of the Directors present at a meeting with a valid quorum shall be
required for the Board to take action, unless otherwise provided in this
agreement of by law.
5.2 There shall be no voting by proxy. Except as otherwise authorized in this
agreement, all votes must be cast by the Director or designated alternate at a
Board meeting. Each Director shall have one vote.
6. Officers.
6.1 The officers of the Board shall be a Chair, vice Chair, and Secretary/Treasurer.
6.2 At its first meeting, the Board shall elect a Chair, a Vice Chair, and a
Secretary/Treasurer who shall serve out the following initial terms of office:
. Chair to serve through December 31st of the year when first elected and until
his/her successor is elected.
. Vice Chair is to serve through December 31st of the year following election
until his/her successor is elected.
. Secretary/Treasurer is to serve through December 31st of the year two years
after election and until his/her successor is elected.
At the meeting prior to completion of the initial term(s) and at the completion
of every term thereafter a Director shall be elected to each respective office for
a three year term. Provided, that if a Director is replaced by a new succeeding
Mayor for the member he or she represents that said newly elected Mayor
shall take and fill any remaining term for the Director he or she replaces.
7. Meetine:s.
7.1 The Board shall meet at least annually on a schedule determined by the
Board.
7.2 Meetings of the Board may be called by the Chair or upon written request of a
majority of the Directors.
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8. Powers and Duties of the Board.
Powers and duties of the Board include, but are not limited to the following:
8.1 The Board shall from time to time consider what, if any, common equipment
should be acquired and shared by member communities.
8.2 The Board shall determine where the equipment shall be stored.
8.3 The Board shall determine when and where the equipment shall be
maintained.
8.4 The Board shall determine all matters relating to competitive bidding,
including calling for bids in the name of the joint powers board.
8.5 The Board may collect money, subject to the provisions of this agreement, from
its members and from any other source authorized by law.
8.6 The Board may make contracts, employ consultants, incur expenses and make
necessary expenditures incidental to the effectuation of its purposes and
powers, in conformance with the requirements applicable to contracts and
purchases of all of the members.
8.7 The Board shall cause to be made an annual audit of the books and accounts of
the Board and shall make and file a report to its members at least once a year.
Strict accountability of all funds and reports of all receipts and disbursements
shall be made.
8.8 The Board's books, reports and records shall be available for and open to
inspection by its members at all reasonable times. The Board's records shall
be available for inspection by the public pursuant to Minnesota Statutes,
Chapter 13.
8.9 The Board may appoint such committees as it deems necessary to exercise the
powers of the Board in accordance with Bylaws adopted by the Board and as
allowed by law.
8.10 The Board may exercise all other lawful powers necessary and incidental to
the implementation of the purposes and powers set forth herein, including,
without limitation, the adoption of Bylaws to govern the functioning of the
Board, provided that no Bylaw or action of the Board shall be contrary to the
terms of this agreement.
9. Financial Contribution.
. 9.1 An initial contribution will be established as determined by the Board.
9.2 The members shall contribute to the Joint Powers Board as required by the
Board based upon hourly equipment usage derived from internal hour meters.
10. Equipment.
The initial equipment to be purchased by the Board is a brush grinder\chipper
and skid steer loader with a grapple bucket.
11. Additional Members.
11.1 Other political subdivisions may become party to this agreement on approval
of a majority of the Board entitled to vote. The new member shall agree to be
bound by the terms and conditions of this agreement and any amendments to
this agreement as of the date the new member becomes a member.
11.2 Additional members shall not be entitled to appoint a Director to the Board,
but shall have all other rights and privileges of membership.
11.3 The Board may require additional members to pay a fee deemed appropriate
. by the Board. Said fee shall take into consideration the expenditures of the
Board to the date of admission of the new member together with such other
factors relating to the financial condition of the Joint Powers Board as the
Directors deem reasonable. The Board may allow this fee to be paid over one
or more years.
12. Duration.
Each member agrees to be bound by the terms of this agreement until
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13. Termination.
13.1 This agreement may be terminated prior to by the written
agreement of three-fourths of the members. Any member may petition the
Board to terminate this agreement. Upon 30 days notice in writing to the
Clerk of the governing body of each member, the Board shall hold a hearing
and upon three-fourths vote of all of the Directors eligible to vote, the Board
may, by resolution, recommend that this agreement be terminated. The
resolution shall be submitted to the governing body of each member and if
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ratified by three-fourths of the governing bodies of all members within 60 days
the Board shall terminate the agreement, allowing a reasonable time to
complete work in progress and to dispose of personal property owned by the
Board.
13.2 Upon dissolution, all property purchased or owned pursuant to this agreement
shall be sold and the proceeds thereof, together with monies on hand, shall be
distributed to the current members. Such distribution of assets shall be made
in proportion to the total contributions by the respective members over the
entire duration of this agreement. The Board shall continue to exist after
dissolution for such period, no longer than six months, as necessary to
complete its affairs, but for no other purpose.
14. Default.
Upon failure of any member to contribute its financial obligation in a timely
manner, or to fulfill any of its other material obligations under this agreement,
the Board may expel a member upon a three-fourths vote. If an initial
member is expelled for any reason and later desires to rejoin, such member
will be considered an additional member and will not be entitled to appoint a
Director.
15. Effective Date.
This agreement shall be in full force and effect when all initial members
(identified in Section 3.1 of this agreement), sign this agreement. All members
need not sign the same copy. The signed agreement, along with a certified
copy of the resolution authorizing the agreement, shall be filed with the City
Clerk for the City of Elk River who shall notify all members in writing of its
effective date and set a date and place for the Board's first meeting. Prior to
the effective date of this' agreement, any signatory may rescind its approval.
16. Amendments. Any member may petition the Board or the Board on its own
initiative may recommend changes in this agreement to its members. An
amendment to this agreement shall become effective upon written agreement
of three-fourths of the members.
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IN WITNESS WHEREOF, the undersigned governmental units, by action of
. their governing bodies, have caused this agreement to be executed in accordance
with the authority of M.S. 471.59.
CITY OF BECKER
CITY OF BIG LAKE
BY
BY
Mayor
Mayor
BY
BY
City Clerk
City Clerk
CITY OF ELK RIVER CITY OF ZIMMERMAN
BY BY ~~.
Mayor Mayor
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BY BY
City Clerk City Clerk
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9. Financial Contribution.
9.1 An initial contribution will be established as determined by the Board.
9.2 The members shall contribute to the Joint Powers Board as required by the
Board based upon hourly equipment usage derived from internal hour meters.
10. Eauipment.
10.1 The initial equipment to be purchased by the Board is a brush grinder\chipper
and skid steer loader with a grapple bucket.
~~ny member City may opt not to participate with respect to a particular piece
of equipment and shall notify the Board, in writing, before a decision is made
by the Board to acquire the equipment, that it does not wish to participate
with respect to that equipment. In the event that a City exercises such option,
its representative shall not be permitted to vote with respect to that item and
it shall have no right to use that item of equipment. The City further shall
have no financial obligation with respect to that piece of equipment. If the
City, having opted not to participate with respect to a piece of equipment later
opts to participate, it may do so upon such terms as the Board deems
reasonable, both with respect to finances and otherwise.
11. Additional Members.
11.1 Other political subdivisions may become party to this agreement on approval
of a majority of the Board entitled to vote. The new member shall agree to be
bound by the terms and conditions of this agreement and any amendments to
this agreement as of the date the new member becomes a member.
11.2 Additional members shall not be entitled to appoint a Director to the Board,
but shall have all other rights and privileges of membership.
11.3 The Board may require additional members to pay a fee deemed appropriate
by the Board. Said fee shall take into consideration the expenditures of the
Board to the date of admission of the new member together with such other
factors relating to the financial condition of the Joint Powers Board as the
Directors deem reasonable. The Board may allow this fee to be paid over one
or more years.
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WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
RESOLUTION 99-
A RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION AUTHORIZING THE CREATION OF THE
SHERBURNE COUNTY MUNICIPAL RECYCLING BOARD
the City of Elk River wishes to take part in a joint powers
agreement with the Cities of Becker, Big Lake and Zimmerman,
Minnesota, to collectively purchase and maintain heavy equipment
for processing yard waste and recyclables
the joint powers board shall be known as the Sherburne County
Municipal Recycling Board; and
the primary emphasis of this board shall be to improve recycling
opportunities for residents; and
the Sherburne County Board approved SCORE Grant Funds for
the initial equipment purchase; and
Phil Hals, Street Superintendent shall be appointed to represent
the City of Elk River on this board; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk
River, Minnesota:
1. That the City of Elk River hereby authorizes signatures on the Joint Powers
Agreement and participation in the Sherburne County Municipal Recycling
Board.
2. Street Superintendent Phil Hals shall represent the City of Elk River of this
Board.
ATTEST:
Passed and adopted this 11 day of January, 1999.
Stephanie A. Klinzing, Mayor
Sandra A. Peine, City Clerk