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Home My WebLink AboutResolution 3638 : ' _r. . � � O� � O � O �b - . CITY of ORONO � ti . '�' RESOLUTION OF THE CITY COUNCIL ��kEsII�4�� . . NO. «`� F) � � RESOLUTION TO EXTEND TERIVI OF JOINT POWERS AGREEMENT OF WEST HENNEPIN RECYCLING COMMISSION � WHEREAS, the Cities of Greenfield,,Independence, Lon� Lake, Loretto, Maple � Plain, Medina and Orono operated their recycling proerams through West Hennepin Recycling Commission, a Joint Powers established under the authority of Minnesota Statutes Section 471.�9 since 1986, ar.d � WNEREAS, this has allowed the above listed cities to�share recycling costs and eYpenses with the benefit of reducinj costs of the cities, and . WI-iEREAS,the City of Orono wishes to continue the pro�am and cost sharing as outlined in the �Vest Hennepin Recycling Commission Joint Powers Agreement; • 'I'HEREFORE,BE IT RESOLVED that the City of Orono authorizes the extension of the West Hennepin Recyclin�Commission Joint Powers A�reement through December 31, 1996. Motion to adopt resolution made by Charl�s Kellev and seconded by. Edward Callaha� In favor. K�lley, Callahan and Goetten Opposed: None • Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held November 13; 199�. ��1�f�/r/✓/�i I,�� 1 /�.l�A�-%%�! . , Edw�ard J. Ca✓a`han, Jr. Mayor �f A T: . , . • � � oro y M. Ha ' , City Clerk '' . .. -.r • JOPi 1T POtiVERS AGREEI�IENT 1995 Revision and Estension THIS AGREEViE�IT made by and among the Cities of Crreenfield, Independence, Lon�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 AUI�-iORITY. This A�eement is entered into under the authority of Minnesota Statutes section�71.59. The Participants have deternuned that it is to their mutual advanta�e to form a sin�le joint powers entity that shall establish and operate within the present and future boundaries of the Participants a pro�am for recycling acceptable materials. Cities will offer curbside recycling to residents. 2. CONINIISSION. There is hereby created the `Vest Hennepin Recycling Commission (the "Commission") consistin�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 governin� body makes the appointment for a lesser period. Commissioners shall serve until their successors are appointed and qualified. Vacancies shall be filled for the unexpired term by the appropriate goveming • body. A vacancy occurs upon the death or resignation of a commissioner. b. Comnensation. Commissioners shall serve �vithout compensation by the Commission. Reimbursement of expenses for each commissioner shall be govemed by state statutes and the charter, ordinances, and policies of the Participant that commissioner represents. � c. Officers. The Commission shall choose one of its members as a cha.irperson. The chairperson shall be appointed by commission acrion at the first meetin�of the year. The coordinator shall act as a secretary-treasurer. The chairperson shall preside at all meetings of the Commission. The secretary- treasurer shall keep a complete record of each meeting and of all proceedings and business of the Commission, keep it's Commissioners regularly informed of the activities of the Commission by distriburion of written minutes to each Commissioner following each meeting, and shall keep aat accurate accounting of all receipts and disbursements of the Commission. The chairperson and secretary treasurer shall 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 shall deem appropriate but at least once every twelve months. All meetings shall be open to the public. . _ . - -t. • � . _.. .. - . . . .. . . ..�. . . a. . . .. ,v . _.... ..�. .. . ' . .4' � ' t � . ... :_ • � w . � ' . \ `�� . . � � .. . . . . ..__. . .-. . . . �a.. �. . ' . ._ .ln..�t`••. 1 l ' `_f e. VotinQ 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. f. Financial Accountabilitv. The Commission shall establish a separate checkin� account for West Hennepin Recyclin� Commission (WHRC) authorizin� Commission representatives to sign checks. Two authorized si�atures ��ill be required at all times on each check. The Commission will include , costs of maintainin�checldn�account in its annual bud�et. The annual honesly bond �vill be required in the amount not to eYCaed 10% a�oanfo Pthe co uof WHRC financial acti�ity. The comnussion will reimburse Recyclui� Coordui securing honesty bond. 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 471.345, 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 Program,including,but not limited to a Pro�am 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 foIIowing para�'aph. • FUNDING. Fundin� for the operation of the Program shall come from grant monies available from the Hennepin County 1Vlunicipal Recycling Grant, special grant pro�ams, and funds�from any sale of recyclable materials. 'The ParticiPants agree to support the annual budget of the Commission and that the distribution of Hennepin County Municipal Recycling Crrant funds will be based on each cit�s percenta�e of the total household count among the Participants. Each Participant agrees to contribute to the Commission any funds it receives from any source for projects or programs involving recyclable materials. In addition, the Participants may, but are not � obligated to contribute funds additional to the.budget to the Commission for the operarion of the Program. � . � Each Participant shall provide funds for any curbside pro� for that city in excess of the money available from Hennepin County. . . . • : 2 � � ' - . . \\� . . �,. . r . i � � 5. PUBLIC EDUCATION. The Participants a�ee to assist in the distribution of recyclin�-related information. The distribution of such information shall be distributed via municipal ne�vsletters, water bill enclosures, jeneral media news releases, and other mutually a�eeable communication methods. 6. EFFECTIVE DATE. The effective date of this A�reement shall be the date upon which the last of the seven Participants has caused this A�eement to be executed pursuant to an authorizin� resolution of its governin�body. � . 7. TERM. This A�reement shall continue in effect until December 31, 1999, unless e;ctended, renewed, or ternunated by the Participants pursuant to the provisions of para�aph 8 below. 3. MODIF'ICATION. This A�eement may be extended, renewed, terminated or amended by agreement of all Participants as authorized by resolution of each Participant's goveming body. 9 yVITHDRAV�iAL,. ?, participant may withdraw prior to the expiration of the term of this Agreement or any subsequent e�ctensions thereof by giving 90 days' notice in the form of a resolution of its governing body, served by cerrified mail on the secretary-treasurer of the Commission. Service shall be deemed to have been made on the date of mailing. Any g'ant 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, shall be paid to and remain the property of the Commission. 10. DISTRIBUTION UPON TERNIIl`lATTON. Upon expiration of or temunation of this Agreement, 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 A�eement. 11. ADDITTONAL PARTICIPANTS. The number of Participants ma.y be increased during the term of this A�eement 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 CONIlVIITT�E• The Commission is empowered to appoint an Executive Committee consisting of three Commissioners. The Coordinator will be an ex-officio member of the Executive Committee. The Executive Committee will meet when directed to and for the express purpose desi�ated 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. • � . � 3. - � � - - . .__ . �. : . . . .� '� . -. - . .N . y� I �-� \ • 1 • IN V+TFT�tESS WHIIZEOF#he Cities of Gre�e��,Independ�nce,Lon-3 I,ake,L,ore�to,Maple . Plain, Medina and Orono hav� pursuarit to authorizin� resohrtion hereto attache�l, caused this . Agreemerrt to be duly e�cecuted. • . - - . � . • � � : , � � • ; ; � � 4- . � � . . . - _ r� : ., . �,, � �� . . , .. .Y:,_�. , _ , . ,.� ,