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HomeMy WebLinkAboutResolution 97-28RESOLUTION NO. 97-28 BEING A RESOLUTION EXTENDING THE TERM OF THE SOUTHERN ANOKA COUNTY COMMITNITY CONSORTIUM JOINT POWERS AGREEMENT WHEREAS, in June of 1995, a Joint Powers Agreement established the Southern Anoka County Community Consortium consisting of Anoka County, the Cities of Columbia Heights, Fridley and Hilltop and Independent School Districts #13 and #14; and, WHEREAS, the general purpose of this Joint Powers Agreement is to allow each party to jointly and cooperatively coordinate the delivery of services, maximize the use of resources, avoid redundancy, encourage public, private community partnership and to develop and fund programs to promote the general community health and safety in the territory of the cities herein; and, WHEREAS, a very successful example of this joint, cooperative effort is the establishment of the community values program known as Values First which has been recognized throughout the country as a model for promoting core values consistently across all sectors of the community so that youth and adults have a common, inclusive foundation upon which to operate: NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Columbia Heights supports the efforts of the Southern Anoka County Community Consortium Joint Powers Agreement until December 31, 1998, unless earlier terminated or extended under the terms thereof. Passed this 24th day of March, 1997. Offered by: Ruettimann Seconded by: dones Roll call: A11 ayes -Ahne Student, o~nci /~yor /ob'eph Stu~lervant' 1 Secretary ARTICLE ltl. BOARD OF DIRECTORS Sect. ion 1. The governing and policy-making responsibilities of SACCC shall be vested in its Board of Directors, which shall control its property, be responsible for its finances, and direct its atf'airs. Each parry shall be entitled to two directors who shall have one vote each. Section 2. Each party shall also be entitled to one alternate director who shall be entitled to attend meetings of the Boa.rd and may vote in the absence of the party's director. Section 3. Directors and alternate directors shall be appointed by the governing body of each parry. Directors and alternates shall serve without compensation from SACCC, but may be paid expenses for attendance at meetings of, or on behalf of, the Board. A party. may provide compensation for its director or alternate director if such compensation is authorized by such govemmenm.1 unit and by law. Section 4. There shall be no voting by proxy, but all votes must be cast in person at Boa.rd meetings by the director or alternate director. Section 5. Directors and alternate directors shall be appointed to serve until their successors are appointed and qualified. Section 6. When the governing body of a party appoints a director or alternate director, it shall give notice of such appointment to the SACCC in writing. Section. 7. Any director or alternate director shall serve at the pleasure'of the governing body of the appointing party. Section 8. A majority of the votes attributable to the parties shall constitute a quorum of the Board. -2- Section 9. The Board by majority vote may designate ex-officio members who shall be entitled to attend and participate in Board meetings, but shaJl not be entitled to vote. Such ex-officio members shall serve for a term of two years, and may be re-appointed. ARTICLE IV. 1~~ AND DI~'TI~ OF THE BOA.RD Section 1. The powers and duties of the Board shall include, the powers set forth in this Article. Section 2. It may employ a person to act as Executive Director of the Board and may employ such other persons as it deems necessary to accomplish the purposes of this Agreement, to carry out its responsibilities, or to effectuate its powers. Any such persons may be employed on a full-time, part-time, or consulting basis, as the Board may determine. Section 3. It may make such contracts as the Board deems necessary and advisable to make effective any power to be exercised by the Boa.rd pursuant to the provisions of this Agreement. Section 4. It may provide for any of its employees to be members of the Public Employees Retirement Association and may make any required employer contribution to that organization and any other employer contributions which municipalities are authorized or required by law to make. Section 5. It shall establish an annual budget. It may invest or reinvest funds not needed for current operating expenses, if any, in the manner applicable by law to cities. It shall not at any time incur obligations in excess of funds then available to it. Organization funds may be expended by the Board in accordance with procedure established by laws for the expenditure of funds by the members hereto. The Board, annually, shall appoint a fiscal agent from zmong its members to sign orders, checks and drafts. Other legal instruments shall be executed on behalf of the Boazd by the chair and vice-chair. · .Section 6. It shall maintain a s~ct accounting of all funds and report of all receipts and disbursements. It shall make a financial accounting and repor~ to the parties at least once each year and i~s books and records shall be audited annually and be available for and open to exa.mination by the parties at all reasonable times. Section 7. It may accept gifts, apply for and use grants of money or other property from the State of Minnesota or any other governmental or private organization and may enter into agreements required in connect, ion therewith and may hold, use, and dispose of such monies or property in accordance with the terms of the gift, grant, loan or agreement relating thereto. Section $. It may contract or lease for space, materials, services, and supplies with a member party or elsewhere. Contracts let and purchases made shall be in conformance with the requirements applicable to Anok.~ County. Section 9. It shall have the power to enter into contracts with other agencies, companies, or individuals to provide se~'ices according to the terms of such contracts. Section 10. Subject to the limitations contained in Minnesota Statutes 466.07, it shall defend and indemnify directors, officers, and employees against claims for damages, costs and expense incurred by any of such persons in connection with any action, suit or proceeding in which such person may be involved by reason of such person's having been a director, officer, or employee. Such defense and indemnification need not be exclusive of other rights to which any such person would othero,'ise be entitled as a matter of law. -4- Section 11. It may establish annual monetary con:ributions, and ~y supplemen:s thereto, from the member governmental units in amounts to be determined by the Boa.rd from time to time. Any such proposed annual contributions shall be reported to the member governmental un.its at le.~.st two months prior to the end of SACCC's fiscal year and shall not become effective until the commencement of the ensuing fiscal year. Section 12. It may budget for and purchase insurance against risks which may arise out of the operation of this Agreement, including the actions of the Board of Directors, its officers, dh'ectors, employees, and member parties. Section 13. It may exercise any other power necessary and incidental to the implementation of its powers and duties under the provisions of this Agreement. ARTICLE V. IVIEETLNGS - ELECTION AJWD DUTIES OF OFFICERS Section 1. At the first meeting of the Board of Directors of SACCC and at the annual meeting of the Board each even-numbered year thereafter, the Board shall elect from its members a chair and vice-chair. New officers shall take office at the adjournment of the annual meeting of the Board at which they are elected. Section 2. A vacancy shall immediately occur in the office of any officer upon resignation, death, or otherwise upon such officer ceasing to be a representat/,ve of a government, al unit. Upon vacmncy occurring in any office, the Board shall fill such position at its next meeting. Section 3. At the organizational meeting or as soon thereafter as may reasonably be done, the Board shall determine its procedures, including the time, place, frequency and notice of its regular meetings and the manner of calling special meetings. -5- IH '~TTN'ESS WH'ER.EOF, the undersigned pa.rJes have caused this Agreement [o be executed on their behalf. ATTEST: COL~'TY OF ANOIC% -' John "Jay" McLinden County Administrator By: Dan Erhart, Chair Anoka Boa.rd of Commissioners Date: By: Title: ATTEST: CITY OF COLI. TS, fBIA HEIGHTS - ,./-/, / · _ CITY OF FRIDLEY By: Title: By: Date: ATTEST: CITY OF HILLTOP By: Title: By: Date: ATTEST: LN'DEPEN'DENT SCHOOL DISTRICT #13 By: Title: By: Date: -7- ARTICLE VI. WITHDRAWAL Section 1. Any member party may at any time give written notice of withdrawal from SACCC. A patty withdrawing from membership at a t/me when such withdrawal does not result in dissolution of the orgmizatJon shall forfeit it~ claim to any aase~ of the organization, ~cluding any contributions pursuant to Article IV, Section 11. ARTICLE V'II. DISSOLUTION Section 1. The organization shall be dissolved whenever (a) aggregate withdrawals of member parties representing more than one-half of the area population occurs, or Co) by a majority vote of all members of the Board. Section 2. Upon dissolution the remaining assets of the organization, aher payment of all obligations, shall be distributed among the then existing member par'des in proportion to their contributions, aa determined by the Bowel. If there have been no such contributions, the aasets of the orgw~ization shall be returned to Anoka County. ARTICLE VIII. TERM The term of this Agreement shall commence on January 1, 1997, and shall continue in full force and effect until December 31, 1998, unless earlier terminated by the parties pursuant to Article VII of this agreement. This Agreement may be renewed for additional terms of two years each by resolution of all of the governing bodies of the parties hereto, prior to the expiration date of this Agreement. ARTICLE IX. EFFECTIVE DATE This Agreement shall become effective upon its execution by the parties hereto. -6- IN WITNESS WHEKEOF, the undersigned parties have caused this Agreement to be executed on their behalf. ATTEST: COL~'TY OF John "Jay" McLinden County Administrator By: Dan Erhart, Chair Anoka Bom'd of Commissioners Date: ATTEST: Title: / ' / ATTEST: CITY OF COLUM~BIA HEIGHTS CITY OF FRIDLEY By: Tide: By: Date: ATTEST: CITY OF HILLTOP By: Title: By: Date: ATTEST: LNq3EPEN'DE.NT SCHOOL DISTRICT #13 By: Tide: By: Date: -7- ATTEST: LNDEPENDENT SCHOOL DISTRICT #1.1 By: Title: D~te: -8-