HomeMy WebLinkAbout1956 10-29 CCM Regular Session ;1 111 9
M*nute s of the proceeding of the Village
Council of the Village of Brooklyn Center
in the County of Hennepin, and State of
Minnesota
October 29, 1956
The Village Council met in a continued regular session of the
October 23, 1956 session and was called to order by William N. Super, Mayor,
at 8:00 P.M.
The following members were present:: William N. Super, Clifford
Wellman, Allen Lindman, Wayne Gageby, and Russ Jones.
Motion made by Russ Jones and seconded by Allen Lindman to approve
the final plat of Oak.Hill 2nd Addition, subject to all restrictions of the
platting ordinance. Bond to be posted. Motion carried.
Member Allen Lindman introduced the following written resolution
and moved its adoption:
BE IT RESOLVED by the Village Council of Brooklyn Center, Minnesota,
that the Village enter into an association with other Minneapolis
suburban municipalities, 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 agreement forthwith in behalf
of the Village and file it as therein prescribed, said joint
agreement reading as follows:
JOINT AGREHHENT 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 Brooklyn Center, and it is reasonably to be
anticipated that such problems will continue to exist for many
Years, and even increase in difficulty, and
WHEREAS the Village of Brooklyn Center 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 Brooklyn Center 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 H=W AGREED by and between the Village of
Brooklyn Center and all other cities or villages signing and filing
similar agreements as follows:
1.- The Village of Brooklyn Center (hereinafter reforred to as
the "Village ") hereby joins with other cities and vide heretofore
or hereafter signing similar agreements, for the purpose of
cooperatively exercising its power to carry on a study of the problem
of garbage and refuse collection and disposal, 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 therebybecoming a member of said association. The mayor
of each city or village which is a member'of the association shall
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
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eleet'a President, who shall preside at meetings of the membership;
a Vice - President, who shall have the powers and perform the duties
of the President during his absence or disability; and a Secretary-
Treasurer, who shall have custody of the fundt 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 refdse, insofar as the
members are concerned, and on the best means of
meeting said problem, and to disseminate such
information;
(b) To employ qualified engineers or other experts to prepare a
and submit studies and reports on said problem and
proposed solutions thereof;
(c) To employ legal counsel and administrative and clerical
persdnnel;
(d) To secure appraisals of real property;
(e) To expand money and incur liabilities for such purposes,
excepting engineering services as hereinafter provided,
not to exceed in the aggregate $2500.00;
(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 iniiial administrative and
Legal expenses of the association, including th6se heretofore
incurred, the Village agrees to pay to said association the sum of
$58,00. 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 $307.50 upon demand being made by the
Secretary- Treasurer, accompanied by a verified statement of expenses
and liabilities of the association 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 hereto-
fore established by the Minnesota Society of Profesional Engineers
for preliminary engineering services, upon demand being made by the
Secretary- Treasurer, accompanied by a copy of the verified claim or
c i submitted to the association; rovided, all
claims for such services omit oc f p
ms ch
'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 they 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
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in the association, but shall in no event be entitled by such
termination to recover eby 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,, 1 or
until dissolution of the association by majority vote of the
membes 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 dhall refund to each member its pro rata share of such excess.
6. The agreement hereby made shall became 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 `olden Valley, Crystal,
New Hope, Brooklyn Park, Osseo, Brooklyn Center, Medicine Lake,
Maple Grove, and Plymouth.
8. Any and all prier agreements and resolutions heretofore
made by the Village are hereby rescinded and declared superseded by
this agreement, insofar as they are in conflict herewith.
IN WITNESS WHEMF, the Village of Brooklyn Center, Minnesota
by its Village Council has caused this agreement to be executed in
its behalf by the signatures of its Mayor and Cierk and its
corporate seal to be hereunto affixed, all as of the 29t h day of
October, 1956.
The motion for the adoption of the foregoing resolution was duly seconded
by member Wayne Gageby and upon vote being taken thereon the following
voted in favor thereof: William N. Super, Clifford Wellman, Allen Lindman,
Wayne Gageby, and Russ Jones; and the following voted against the same;
None; whereupon said resolution was declared duly passed and adopted.
Motion made by Allen Lindman and seconded b Clifford Wellman to
adjourn. Motion carried.
Mayor
.Cher
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