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Home My WebLink AboutResolution 5260 _ � ,_.r �, .:� • � � O� O O • � z CITY of ORONO � :, ; � , ti ti RESOLUTION OF THE CITY COUNCIL ' ��kESI3�4�G NO. � � G � A RESOLUTION APPROVING EXTENSION OF . JOINT POWERS AGREEMENT OF THE WEST HENNEPIN RECYCLING COMMISSION #� WHEREAS, the cities of Greenfield, Independence, Long Lake, Loretto, Maple I Plain, Medina, and Orono entered into a Joint Powers Agreement under the authority of iMinnesota Statute 471.59 in order to create the West Hennepin Recycling Commission for the � purpose of establishing, administering, and operating a curbside recycling program in each of the i member cities; and ' WHEREAS,the West Hennepin Recycling Commission has recommended extension of the Joint Powers Agreement through December 31, 2007 to coincide with the date ' of the curbside recycling contract with E-Z Recycling. • i � NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Orono, Minnesota that the Joint Powers Agreement of the West Hennepin Recycling Commission be approved and extended through December 31, 2007. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 22nd day of November, 2004. Barbara A. Peterson,Mayor ATTEST: �� ,� �/.�- . Linda S. Vee, City Clerk • , Page 1 of 1 • � - � - I� . • JOINT PO�E1�.S AGI2EEMENT � 2005- 20Q7 Extension � THIS ACrREEMENT made by and among the Cities of Greenfield, Independence, Long Lake, Loretto, Maple Plain, Medina and Orono (hereinafter referred to collectively as the "Participants") is effective on the day � � and year provided herein. � . 1. PURPOSE AND AUTHORITY. This A�eement is entered into under the authority of Minnesota Statutes section 471.59. The Participants have determined that it is to their mutual advantage to form a single joint powers entity tha.t shall establish and operate within the present and future boundaries of the Participants a program for recycling acceptable materials. � Cities will offer curbside recycling to residents. 2. COMIVIISSION. There is hereby created the West Hennepin Recycling Commission (the "Commission") consisting of seven commissioners. a. Appointment and Term. The governing body of each Participant shall, by a majority vote, appoint a person, who may or may not be an elected official of the Participant's, to serve as a commissioner. Appointments shall.be for a two-year period unless the respective governing body makes the appointment for. a lesser period.�. �ommissioners shall serve until their successors are appointed and qualified. Vacancies shall be filled for tlle :� � une�cpired term by the appropriate governing body. A vacancy occurs upon the death or resignation of-a � , commissioner. � � � � b. Compensation. Commissioners shall serve without compensation by the Commission. Reimbursement of expenses for each cornmissioner shall be governed by state statutes and the charter, ordinances, and policies of the Participant that commissioner represents. c. O�cers. The Commission shall choose one of its members as a cha.irperson. The chairperson shall be appointed by commission action at the first meeting of the year. The coordinator sha11 act as a secretary-treasurer. The chairperson shall preside at all meetings of the CommissiocL The secretary-treasurer shall keep a complete record of ea.ch meeting and of all proceedings and business of the Commission, keep it's Commissioners regularly � � informed of the activities of the Commission by distribution of written minutes to each Commissioner following ea.ch meeting, and shall keep an accurate accounting of all receipts and disbursements of the Commission. The chairperson and secretary treasurer sha11 sign all�contracts authorized by and in the name of the Commission. � d. Meetin�s. The Commission shall meet at such times and places as it sha11 deem appropriate but at least once � every twelve mon�hs.-All meetings shall be open to the public. � - - I . e. Votin� Requirements. All actions of the Commission shall require a simple majority of the commissioners . present and voting. A majority of the commissioners shall constitute a quorum. � . � . . 1 . ; f. Financial Accountabilitv. The Commission sha11 establish a separate checking account for West Hennep� � Recycling Commission (VV�IRC) authorizing Commission representatives to si�n checks. Two authorized signatures will be required at all times on ea.ch check. The Commission will include costs of maintaining checking account in its annual budget. The fiscal year for the Commission shall be the calendar year. Participants shall be : � permitted to inspect the financial records of the Commission at all reasonable times. � .�. � 3. POWERS. The Commission shall establish and oversee the operation of the Program. The Commission shall � have the authority to: _ (a) enter into contracts in accordance with Minnesota statutes section 471345, subd. 5, as may be necessary to .� accomplish its purpose; ' (b) hire, on an independent contractor basis, such persons as are necessary to operate the Pro�ram,.including, but . not limited to a Program Coordinator; � (c) lease a site for a central collection facility; and � (d) apply for and administer grant monies as necessary to fund the Program. � � .. In no event shall the Commission incur obligations in excess of its funding as provided in the following paragraph. :. � � � Fundin . . . .. Funding for the operation of the Program shall come from grant monies available from the Hennepin Courity.�.�.. Municipal Recycling Grant, special grant pro�ams, and funds from any curbside recycling contractor incentive . � from the sale of recyclable materials. The Participants agree to support the annual budget of the Commission and� � that the distribution of Hennepin County Municipal Recycling Grant funds will be based on each city's percentage t of the total household count among the Participants. - , � In addition, the Participants may, but are not obligated to contribute funds aciditional to the budget to the Commission for the operation of the Program. . . ' � Each Participant shall provide funds for any curbside program for that city in excess of the money available from � Hennepin County. � � .� � 5. PUBLIC EDUCATION. The Participants agree to assist in the distribution of recycling-related information. � : The distribution of such information shall be distributed via municipal newsletters, water bill enclosures, general � � .. media news releases, and other mutually agreeable communication methods. � . 6. EFFECTNE DATE. The effective date of this Agreement sha11 be the date upon which the last of the seven . Participants has caused this Agreement to be executed pursuant to an authorizing resolution of its governing body. �� 2 • , � ; . , . . TERM. This Agreement shall continue in effect until I�ecember 31, 2007, unless extended, renewed, or terminated by the Participants pursuant to the provisions of para�aph 8 below. 8. MODIFICATTON. This Agreement may be e�ended, renewed, ternunated or amended by agreement of all Participants as authorized by resolution of each Participant's governing body. 9. VVIT�IDRAWAL. A Participant may withdraw prior to the expiration of the ferm of this Agreement or any subsequent extensions thereof by giving 90 days' notice in the form of a resolution of its governing body, served by certified mail on the secretary-treasurer o£the Commission. Service shall be deemed to have been made on the date � of mailin�..� Any grant monies or other funds received by the withdrawing Participant or the Commission, either prior to or after the effective date of withdrawal,that are attributable to the Participant's participation in the Program prior to its withdrawal, sha11 be paid to and remain the property of the Commission. 10. DISTRIBUTION UPON TERMINATION. Upon expiration of or termination of this A�reement, any assets remaining after the payment of outstanding obligations shall be distributed to the Participants in proportion to their monetary contributions calculated over the life of the Agreement. . ° 11. ADDITIONAL PARTICII'ANTS. The number of Participants may be increased during the term of this Agreement by amendment, pursuant to the provisions of paragraph 8 above;provided that any new Participant shall also cause the Agreement as amended to be executed, pursuant to authorizing resolution of its governing body. � � 12. EXECUTIVE COMNIITTEE_ The Commission is empowered to appoint an Executive Committee consisting � �f three Commissioners. The Coordinator will be an ex-officio member of the Executive Committee. i h� � • Executive Committee will meet when directed to and for the express gurpose designated by the full Commission. : .�. Membership on the Executive Committee will rotate among the representatives of the participating communities on ' an annual basis,with at least one new Executive Committee member annually. : � - IN WITNESS WHEREOF the Cities of Greenf'ield, Independence, Long Lake, Loretto, Maple Plain, Medina and Orono have, pursuant to authorizing resolution hereto attached, caused this A�eement to be duly executed. . Extended this .< M1 `�' day of i�'� '%•'�'� !� =�� , 2004 . , r�•. R , . � � � . � . • � CTTY �..! �t L�,�%c'� � . .__._._.___.. .. . _ . By: �� . : . � Its Mayor � . . � gy; ,�'��,.��x% '.1. �/U,1_.� • . . Its City Clerk • 3 � . ; �