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01-11-2021 Council Work Session Packet
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01-11-2021 Council Work Session Packet
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DRAFT Comprehensive Fire Service Study MEDINA, MINNESOTA <br /> <br />Matrix Consulting Group Page 71 <br /> 7 Joint Powers Agreement <br /> <br />This chapter presents the projects team’s analysis of creating a joint powers agreement <br />to provide fire protection services to the City of Medina. <br /> <br />1 Joint Powers Agreement Overview <br /> <br />Many communities provide fire protection services through joint and other cooperative <br />efforts. These include regional organizations, cooperatives for management and <br />purchasing, and joint operations. The intent with these types of cooperative efforts is to <br />reduce costs, create an effective fire protection system and eliminate any duplication of <br />resources. <br /> <br />Minnesota Statutes, Chapter 471, Section 471.59, provide a mechanism to allow units of <br />government to enter into written agreements with other units of government to provide <br />service or the performance of a function. Functions include joint construction or leasing <br />of facilities or equipment and the provision of administrative officers and functions. <br /> <br />For purposes of this section the term governmental unit “includes every city, county, town, <br />school district, service cooperative under section 123A.21, independent nonprofit <br />firefighting corporation, other political subdivision of this or another state, another state, <br />federally recognized Indian tribe, the University of Minnesota, the Minnesota Historical <br />Society, nonprofit hospitals licensed under sections 144.50 to 144.56, rehabilitation <br />facilities and extended employment providers that are certified by the commissioner of <br />employment and economic development, data and supported employment services <br />licensed under chapter 245D, and any agency of the state of Minnesota or the United <br />States and includes any instrumentality of a governmental unit.” <br /> <br />Agreements between units of government must specify the functions or activities to be <br />performed and the means they will be performed. Financial considerations may be <br />addressed in these agreements to identify responsibilities of each organization in <br />providing funds to support the agreement. In addition, to identify any revenue that may <br />be derived from the function of the agreement. Transferring personnel and property <br />needs to be addressed in the agreement as well as the preservation of employment <br />benefits. The duration of the agreement can have a set term or may be perpetual. <br /> <br />In essence, a joint powers agreement can establish a fire district, but it cannot transfer <br />taxing authority to that district. The only manner in which taxing authority can be <br />transferred to or assigned to the fire district is through legislative action. This means the
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