#205 11-20-56 Agreement Suburban Sanitary Disposal AssociationResolution No. 205
November 20, 1956
Member Teresi introduced the following resolution and moved its adoption:
BE IT RESOLVED by the Village Council of Golden Valley, Minnesota, that the
Village enter into an association with other Minneapolis suburban municipal-
ities, on the terms prescribed in the text of the joint agreement hereinafter
set forth, and that the Mayor and Clerk be authorized to execute said agree-
ment forthwith in behalf of the Village and file it as therein prescribed,
said joint agreement reading as follows:
JOINT AGREEMENT CONCERNING SUBURBAN
SANITARY DISPOSAL ASSOCIATION
WHEREAS certain problems now exist in the collection and disposal of garbage
and rubbish of homes, business and other places within the Village of Golden
Valley, and it is reasonably to be anticipated that such problems will con-
tinue to exist for many years, and even increase in difficulty, and
WHEREAS, the Village of Golden Valley has power to provide for the collection
and disposal of garbage and other refuse, and incidental thereto, to study
the most feasible means of so doing, and to spend funds of the Village for
such a study, and
WHEREAS it is the considered opinion of the Council of the Village of Golden
Valley that such a study may best be conducted in cooperation with other
municipalities in the suburban area of Minneapolis, and such cooperative
joint exercise of power is authorized by Minnesota Statutes, Section 471.59,
NOW, THEREFORE, IT IS HEREBY AGREED by and between the Village of Golden Valley
and all other cities or villages signing and filing similar agreements as
follows:
1. The Village of Golden Valley (hereinafter referred to as the "Village')
hereby joins with other cities and villages heretofore or hereafter signing
similar agreements, for the purpose of cooperiitively exercising its power
to carry on a study of the problem of garbage and refuse collection and dis-
posal, as it concerns the parties entering into this agreement. The method
by which said purpose shall be accomplished shall be by the formation and
operation of an informal association designated as the "Suburban Sanitary
Disposal Authority", each city and village signing agreements in this form
thereby becoming a member of said association. The mayor of each city or
village which is a member of the association Mall be its representative at
meetings of the association, or the mayor may appoint one or more members of
the council of such city or village to serve as the representative of such
city or village at meetings of the association. The members shall by majority
vote elect a President, who shall preside at meetings of the membership; a
Vice -President, who shall have the powers and perform the duties of the Presi-
dent during his absence or disability; and a Secretary -Treasurer, who shall
have custody of the funds of the association and keep its records.
2. The powers of the association shall be as follows:
(a) To gather information on the problem of collection and disposal
of garbage and refuse, insofar as the members are concerned, and
on the best means of meeting said problem, and to disseminate
such information;
424
Resolution
No. 205 (continued)'
(b)
To employ qualified engineers or other experts to prepare and
submit studies and reports on said problem and proposed solutions
thereof;
(c)
To employ legal counsel and administrative and clerical personnel;
(d)
To secure appraisals of real property;
(e)
To expend money and incur liabilities for such purposes, excepting
engineering services as hereinafter provided, not to exceed in
the aggregate $2,500.00;
(f)
To define its procedure and the powers and duties of its officers,
including the appointment of committees of less than all the members,
and
(g)
To -'prepare and submit findings and recommendations to the members.
3. For the purpose of defraying the initial administrative and legal ex-
penses of the association, including those heretofore incurred, the Village
agrees to pay to said association the sum of $111.80. It is agreed that
said sum shall be forthwith paid to Royce W. Owens or his successor as
Secretary -Treasurer of said association, provided that he shall account to
the Village therefor when it has been expended. For the purpose of defraying
any further administrative and legal expenses of the association, the Village
agrees to pay to said association further sums not to exceed in the aggregate
the amount of $559.00, upon demand being made by the Secretary -Treasurer, ac-
companied by a verified statement of expenses and liabilities of the associ-
ation incurred since the issuance of the last such statement; provided, all
members of the association shall at the same time be similarly requested to
pay their pro rata share of such expenses, in proportion to the maximum
amount which each member has agreed to pay to the association for defraying
such expenses.
For the purpose of defraying the cost of_studies, reports and
recommendations submitted to the association by qualified engineers, the
Village also agrees to pay to the association a sum not to exceed the
minimum fee for professional engineering services heretofore established
by the Minnesota Society of Professional Engineers for preliminary engin-
eering services, upon demand being made by the Secretary -Treasurer,
accompanied by a copy of the verified claim or claims for such services
submitted to the association; provided, all members of the association
shall at the same time be similarly requested to pay their pro rata share
of such claim or claims, in proportion to the maximum amount which each
member has agreed to pay to the.association for defraying the cost of
such services.
The funds of the association shall be disbursed in the manner prescribed
by Minnesota Statutes, Sec. 412.271.
4. By written notice mailed or delivered to the Secretary -Treasurer of
the association, any member may discontinue membership in the association,
but shall in no event be entitled by such termination to renover any part
of the sum herein agreed to be paid to the association. In the event that
upon such termination the expenses and liabilities of the association exceed
the sum of the amounts paid by the members, the members so terminating their
membership shall pay to the association their pro rata share thereof.
5. This agreement shall continue until January 1, 1958, or until dissolution
Resolution No. 205 (continued)
November 20, 1956
.of the association by majority vote of the members thereof. Upon termination
of this agreement, the officers of the association shall wind up its affairs
and submit to the members a final verified statement of all expenses and
liabilities incurred by the association since the issuance of the last such
statement, together with a demand for payment by each member of the amount
needed to discharge its pro rata share thereof, or, if upon such termination
the assets of the association exceed its liabilities, they shall refund to
each member its . -pro rata share of such excess.
6. The agreement hereby made shall become effective immediately upon filing
this document with Royce W. Owens at his office, 7830 Sixth Avenue North,
Golden Valley, Minnesota.
7. The other parties among whom this agreement is made shall be any or all
of the following named cities and villages which have heretofore or shall
hereafter so file similar forms of agreement: The City of Robbinsdale and
the Villages of Golden Valley, Crystal, New Dope, Brooklyn Park, Osseo,
Brooklyn Center, Medicine Lake, Maple Grove, and Plymouth.
8. Any and all prior agreements and resolutinns heretofore made by the
Village are hereby rescinded and declared superseded by this agreement,
insofar as they are in conflict herewith.
IN WITNESS WHEREOF, the Village of Golden Valley, Minnesota, by its Village
Council has caused this agreement to be executed in its behalf by the
signatures of its Mayor and Clerk and its corporate seal to be hereunto
affixed, all as of the 20th day of November, 1956.
"'� % '" A. /
y'o
The motion for the adoption of the foregoing resolution was duly seconded by
Member Bies and upon vote being taken thereon, the following voted in favor
thereof: Bies, Nadasdy, Stark, and Teresi; and the following voted against
the same: None, whereupon said resolution was declared duly passed and
adopted, signed by the Mayor and his signature attested by the Clerk.
1