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HomeMy WebLinkAbout1967-296 CCR Member Gordon Erickson introduced the following resolution and moved its adoption: RESOLUTION NO. 67 -296 RESOLUTION PROVIDING FOR JOINT AND COOPERATIVE AGREEMENT FOR THE PURCHASE OF LAND TO PROVIDE A SITE FOR A JUNIOR COLLEGE IN THE NORTHWEST HENNEPIN COUNTY AREA AND PROVIDING FOR CONVEYANCE OF SAID SITE TO THE STATE OF MINNESOTA WHEREAS, the Minnesota State Legislature by Chapter 809, Section 31, Subdivision 1 and 2, Laws of 1965, did provide for a state junior college to be situated in the Northwest Hennepin County area; and WHEREAS, the Minnesota State junior College Board did investigate a number of sites for the location of said Junior College and on February 17, 1967, determined to locate the junior college on a plot of land contiguous to County Road 109 and County Road 103 and southeast of the intersection of these roads; and WHEREAS, the motion passed by the board reads as follows: "To designate the above location as the permanent site for North Hennepin State Junior College, provided that the land would be donated to the state and that utilities would be brought to the site at no cost to the state;" and WHEREAS, the State junior College Board did establish a college which opened in September of 1966, using temporary facilities provided by the Board of Education of Independent School District No. 279 (Osseo); and WHEREAS, the need for a junior college in Northwest Hennepin County is great and will provide an institution of higher education close to an area which has been totally devoid of such facilities; and WHEREAS, Chapter 728, Minnesota Laws of 1965 (M. S.A. 136.65) provides authority for a city, village, borough, county, school district, or unorganized territory either jointly or severally to acquire by gift, purchase or condemnation a site for a state junior college if the site has been designated by the state junior college board as the site of a state junior college and said unit or units of government may convey such site to the State of Minnesota for state junior college purposes; and WHEREAS, Chapter 471.59 of the Minnesota Statutes provides that two or more governmental units by agreement entered through action of the governing bodies may jointly or cooperatively exercise powers common to the contracting parties; and WHEREAS, the specific power to purchase a junior college site and to convey said site to the State of Minnesota is found in the aforementioned Chapter 728, Minnesota Laws of 1965 (M. S.A. 136.65); and r 67 -296 Resolution No. e. This agreement shall not be binding on any party until and unless the County of Hennepin shall contribute $60,000 toward said site acquisition. f. The Village of Brooklyn Park shall act as the depository for all public funds contributed by any municipal corporation in accordance with paragraph a, of this agreement and shall hold and disburse said funds only for the purpose of jointly and cooperatively acquiring a junior college site. Said Village of Brooklyn Park shall act as a conduit and shall immediately transfer and convey the site acquired to the State of Minnesota for its use as a junior college site in accordance with the provisions of Chapter 728, Minnesota Laws of 1965 (M. S.A. 136.65). 4. The Mayor and City Manager are hereby directed to execute and deliver a copy of this Resolution of joint and Cooperative Agreement to the Village Clerk of the Village of Brooklyn Park and this agreement shall be binding on the City of Brooklyn Center until June 30, 1968. If the acquisition of a junior college site in accordance with this agreement has not been completed by June 30, 1968, this agreement shall not be binding on any party to this agreement. 5. It is hereby determined and agreed that any city, village, county, school district, unorganized territory or other body politic who desires to join and cooperate in the acquisition of the junior college site and who agrees to be bound by the terms of this agreement and who may be required by statute, charter, ordinance or other legal provision to adopt this agreement in some other legal form, shall be authorized to do so, so long as they agree to the provisions set forth in Section 1, 2, 3 and 4 of this agreement. CITY OF BROO #N CE ER BY ayo And e City Manager R entemher 25, l g67 Date ay or y ATTEST: The motion for the adoption of the foregoing resolution was duly seconded by member John Leary and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Gordon Erickson, Howard Heck and Theodore Willard, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Resolution No. 67 -296 provisions and conditions which shall be binding on all cities, villages, school districts, and other bodies politic whose governing bodies adopt this joint and cooperative agreement; a. The aforementioned sum of money shall be paid to the Village Treasurer of the Village of Brooklyn Park: said monies shall be held in a separate account and all receipts and disbursements shall be reported to all participating parties. Said funds shall not be disbursed except by approval of the Village Council of the Village of Brooklyn Park at a regular or special council meeting; approval shall not be given until all conditions and provisions of this agree- ment have been satisfied and complied with and only after mailed notice at least five (5) days in advance of the meeting to the office of all cities, villages, school districts or other bodies politic who are parties to this agreement. b. All funds contributed by municipal corporations may be added to gifts or donations from private individuals, corporations or other parties to acquire said junior college site, but in no event shall said public funds be commingled with private funds except to consummate the final purchase of the junior college site and no private party is or shall be a party to this agreement. If for any reason the public funds contributed under this agreement are not used to purchase the junior college site, all public funds shall be returned to the contributing municipal corporation and no expenses or deductions of any kind may be retained or held by the Village Treasurer of the Village of Brooklyn Park. After completion of the acquisition and conveyance of said site, any surplus monies shall be returned to the parties of this agreement in proportion to contributions made by any municipal corporation, excluding the County of Hennepin, who adopts and is bound by this Agreement. c. This agreement shall not be binding on any city, village, or other body politic, excepting school districts and counties, unless and until the governing bodies of a total of at least five cities, villages of other bodies politic have adopted this resolution and have agreed to contribute at least a total of $10, 000. d. This agreement shall not be binding on any school district unless and until approved by all of the Boards of Education of Independent School Districts 275 (Golden Valley), 279 (Osseo), 281 (Robbinsdale), and 286 (Brooklyn Center) and providing that all the aforementioned school districts agree to contribute at least $5 per graduating student based upon the 1967 graduating class. This provision shall not preclude any other school district from contributing funds and such other school districts shall not be bound by the $5 per graduating senior formula. Resolution No. 67 -296 WHEREAS, the City Council of Brooklyn Center, Minnesota believes WH Y Y that a junior college in the Northwest Hennepin County area is necessary and advantageous to promote the public health, safety, prosperity, convenience, education, and general welfare of residents of the area and determines that the acquisition of a site for said junior college can only be accomplished by the joint and cooperative efforts of cities, villages, counties, school districts and other bodies politic. NOW, THEREFORE, BE IT RESOLVED BY THE City Council of Brooklyn Center, Minnesota: A. That the City of Brooklyn Center shall join with other public bodies to jointly and cooperatively agree to purchase land to provide a site for a junior college in the Northwest Hennepin County area B. That the City Council of Brooklyn Center agrees to contribute Sixteen Thousand Dollars ($16,000.00) toward the purchase of said site, based upon the agreement set forth in Paragraph D. C. The Mayor and City Manager are hereby authorized and directed to enter into the agreement set forth in Paragraph D and to bind the City of Brooklyn Center to the terms, conditions, and provisions of said agreement. D. The joint and cooperative agreement to accomplish the purposes set forth in Paragraph A and as set forth in the agreement shall read as follows: JOINT AND COOPERATIVE AGREEMENT FOR PURCHASING LAND TO PROVIDE A SITE FOR A JUNIOR COLLEGE IN THE NORTHWEST HENNEPIN COUNTY AREA AND PROVIDING FOR CONVEYANCE OF SAID SITE TO THE STATE OF MINNESOTA 1. It is hereby determined to be necessary, advantageous, and expedient to the public health, safety, prosperity, convenience, education and general welfare of the City of Brooklyn Center and its citizens and residents to enter into a joint and cooperative agreement, the terms and conditions of which are fully embodied herein, with other cities, villages, counties, school districts and unorganized territories to jointly acquire by purchase a site for a state junior college to serve the Northwest Hennepin County area. 2. It is hereby determined that the power to enter into said point and cooperative agreement is found specifically in Chapter 809, Section 31, Subdivision 1 and 2, Minnesota Laws of 1965, Chapter 728, Minnesota Laws of 1965, and Chapter 471.59, Minnesota Statutes, as well as in the general laws relating to rights and powers of political subdivisions. 3. That the City of Brooklyn Center agrees to jointly and cooperatively participate acquiring a artici ate in ac uirin junior college site and agrees to contribute Sixteen i g Thousand Dollars ($16, 000.00) for that purpose subject to the following