77-2638 CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO. 77-2638
RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER
TO SIGN JOINT POWERS AGREEMENT REGARDING PUBLIC
NURSING.
WHEREAS, State Legislative action has caused a change in the nature
of public nursing care provision, and
WHEREAS, the City has previously determined to utilize the Suburban
Public Health Nursing Service for 1978, and
WHEREAS, there is a need to establish an organization to provide
community health nursing services for the foreseeable future.
• NOW, THEREFORE, BE IT RESOLVED, that the Mayor and City Manager are
hereby authorized to sign a Joint and Cooperative Agreement to establish an
organization for the provision of community health nursing services and
home health services.
The draft of such agreement is appended hereto and shall be deemed part
of this resolution.
Passed and adopted by the Council of the City of Hopkins, Minnesota,
at a regular meeting held the 18th day of October 1977.
H. E. RICHARDSON, JERRE A. MILLER,
City Clerk Mayor
1111
JOSEPH C. VESELY,
City Attorney
r
DRAFT 8/11/77
411
JOINT AND COOPERATIVE AGREEMENT
ARTICLE I .
PARTIES
The parties to this agreement are governmental units of the
State of Minnesota. This agreement is made pursuant to Minnesota
Statutes, ' Section 471. 59 , as amended, and Minnesota Statutes , Sections
145 . 911 to 145 . 922.
ARTICLE II .
GENERAL PURPOSE
The purpose of this agreement is to establish an organization
to provide, to the extent permitted by law, community health
nursing services and home health services in the participating
governmental units.
ARTICLE III.
NAME
The name of the organization established by this agreement is
the SUBURBAN HEALTH NURSING SERVICE. The name may be changed in
accordance with Article XII .
ARTICLE IV.
DEFINITIONS
Section 1. Subdivision 1. In this agreement the terms defined
in this article have the meanings given them.
Subd. 2 . "Act" means Minnesota Statutes, Section 471. 59 (the
Joint Powers Act) and 145 . 911 to 145 . 922 (the Community Health
Services Act) , collectively.
Subd. 3 . "Board" or "Board of Directors" means the Board of
• Directors established by Article VII .
Subd. 4 . "City" means a city located in whole or in part in
Hennepin County, Minnesota.
Subd. 5. "Council" means the governing body of a city.
Subd. 6 . "Member" means a city which is a party to this agreement.
Subd. 7 . "Community health nursing services" and "home
health services" have the meanings given those terms by the Act.
Subd. 8 . "Service" means the Suburban Health Nursing Service,
the joint and cooperative organization created by this agreement .
Subd. 9 . ''Statutory cities" means cities organized under
° Minnesota Statutes, Chapter 412 .
ARTICLE V.
MEMBERSHIP
Section 1. Any city in Hennepin County which has complied
with the provisions of Section 145. 913, Subdivision 2 , of the Act
may be a member of the Service.
Sec. 2 . A city desiring to become a member shall execute a
copy of this agreement and conform to the organizational provisions
of Article VI.
Sec. 3. The initial members shall be those members who become
• members on or before December 1, 1977 .
Sec. 4 . A city desiring to become a member after December 1,
1977 may be admitted only upon the favorable vote of two-thirds of
the votes of the members of the Board of Directors . The Board
may in its by-laws impose conditions on the admission of additional
members .
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Sec. 5. A change in the governmental boundaries, structure,
41/ classification or organization of a city does not affect the
eligibility of a city, otherwise eligible under section 1, to
become or remain a member.
ARTICLE VI . -
ORGANIZATIONAL MATTERS
Section l. A city may become a member by proper execution of
a copy of this agreement pursuant to authorization by resolution
of its City Council. The clerk or other appropriate officer of
the city shall file the executed copy of the agreement, together
• with a certified copy of the authorizing resolution with the city
manager of the City of Crystal , Minnesota. The resolution authorizing
the execution of the agreement shall also designate the city ' s first
director on the Board.
Sec. 2 . This agreement is effective on the date when executed
agreements of cities whose population totals 100, 000 have been filed
as provided in section 1.
Sec. 3 . Within 30 days after notification by the city manager
of Crystal of the effective date of this agreement, the Mayor of
the member having the largest population shall convene the first
meeting of the Board, which meeting shall be held within 15 days
• thereafter.
Sec. 4 . The first meeting of the Board shall be the organizationa]
meeting of the Service. At the organizational meeting and at each
annual meeting thereafter, the Board shall select from among the
directors a chairman, a vice-chairman and a secretary-treasurer ,
who shall serve until the first annual meeting of the Board .
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Sec. 5 . At the organizational meeting, or as soon thereafter
41, • as it may reasonably be done, the Board shall adopt by-laws
governing its procedures, including the time, place , notice for
and frequency of its regular meetings, procedures for calling special
meetings , and such other matters as are required by this agreement.
The Board may amend the by-laws from time to time . The Board shall
meet at least once each year and at such other times as may be
provided in the by-laws.
ARTICLE VII.
GOVERNING BODY: BOARD OF DIRECTORS
Section 1. The governing body of the Service is its Board of
• Directors . Each member is entitled to one director on the Board.
Each director is entitled to one vote on the Board.
Sec. 2 . A director shall be appointed by resolution of the
City Council for a term of one year, beginning on January 1 and
terminating on December 31. The terms of directors appointed by
initial members shall expire on December 31 of the year following
their appointment. Directors shall serve until their successors
are appointed and qualify. Directors shall serve without compensation
from the Service, but a member may compensate a director for service
on the Board if such compensation is otherwise authorized by law.
• Sec. 3 . The Board may provide in its by-laws for the appointment
of alternate directors and prescribe the extent of their powers and
duties .
Sec. 4 . Vacancies in the office of director exists for any of
the reasons set forth in Minnesota Statutes, Section 351 . 02 , or upon
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a revocation of a director 's appointment by a member duly filed with
11/ the Service. Vacancies shall be filled by appointment for the
unexpired portion of the term of director by the council of the
member whose position on the Board is vacant.
Sec. 5. A majority of the votes of the Board of Directors _
constitutes a quorum, but a smaller number may adjourn from time
to time.
ARTICLE VIII .
POWERS AND DUTIES OF THE BOARD OF DIRECTORS
Section 1. The powers and duties of the Board of Directors
of the Service are set forth in this Article.
• Sec. 2 . The Board may make such contracts and enter into
such agreements as it deems necessary to make effective any power
granted to the Service by this agreement. It may contract with
any of its members or others to provide space, services or materials
on behalf of the Service .
Sec. 3. It may provide for the prosecution, defense, or other
participation in actions or proceedings at law in which it may have
an interest, and may employ counsel for that purpose. It may employ
such other persons as it deems necessary to accomplish its powers and
duties . Such employees may be on a full-time or part-time , or
• consulting basis as the Board determines , and the Board may make any
required employer contributions on behalf of its employees which
cities are authorized or required to make by law. The Board may
designate a member to contract for services or purchases on its
behalf . The Service shall have no taxing power. The Board may
-5-
accumulate reserve funds and may invest and re-invest funds not
needed for current expenses in the manner and subject to the
limitations applicable by law to statutory cities . The Board may
incur obligations in excess of funds then available to Service.
Sec. 4 . The Board shall make a financial accounting and report
to the members at least once each year. The books and records of
the Service shall be open and available for inspection by members
at all reasonable times.
Sec. 5. The Board may accept gifts, apply for and use grants
of money or other property from members from agencies of the state
or federal governments or from other governmental units or
• organizations, and may enter into agreements required in connection
therewith, and may hold, use, and dispose of such moneys or property
in accordance with the terms of the grant, gift or agreement relating
thereto.
Sec. 6 . The Board shall establish the annual budget for the
Service as provided in Article X.
Sec. 7 . The Board may, in its by-laws , establish an executive
committee and may delegate duties and authority to such a committee
between Board meetings.
Sec . 8 . The Board may purchase public liability insurance
• and such other security bonds and insurance as it may deem necessary .
Sec. 9. The Service, and its Board of Directors, shall have
and may exercise all powers relating to the provision of community
health nursing services and home health services which have been
granted to local boards of health pursuant to Section 145 . 914 of
the Act.
-6-
Sec . 10. The Board may exercise any other power necessary
iand convenient to the implementation of the powers and duties
given to it by this agreement.
ARTICLE IX.
OFFICERS
Section 1. The officers of the Board are a chairman, a vice-
chairman, and a secretary-treasurer, elected by the Board at the
annual meeting, for a term of one year and until their successors
are elected and qualify. New officers shall take office at the
adjournment of the annual meeting at which they were elected. An
officer must be a duly qualified and appointed director.
IIISec. 2. A vacancy in the office of chairman, vice-chairman,
or secretary-treasurer shall occur for any of the reasons for which
a vacancy in the office of director shall occur. Vacancies in these
offices shall be filled by the Board for the unexpired portion of
the term.
Sec. 3 . The chairman shall preside at all meetings of the
Board. The vice-chairman shall act as chairman in the absence,
disqualification or disability of the chairman.
Sec. 4 . The secretary-treasurer is responsible for keeping a
record of all the proceedings of the Board, for custody of all funds,
• for keeping of all financial records of the Service, and for such
other duties as may be assigned to him by the Board. Persons may be
employed to perform such services under his supervision and direction
as may be authorized by the Board. The secretary-treasurer shall post
a fidelity bond or other insurance against loss of Service funds
-7-
in the amount specified by the Board. The cost of such bond or
• insurance shall be paid by the Board . The Board may provide for
compensation of the secretary-treasurer for his services .
ARTICLE X.
FINANCIAL MATTERS
Section 1. The fiscal year of the Service is the calendar.
year.
Sec. 2. Service funds may be expended in accordance with the
procedures established by law for statutory cities. Orders, checks ,
drafts shall be signed by the chairman and countersigned by the
secretary-treasurer or such other person as may be designated by
• the Board in its by-laws. Other legal instruments shall be
executed on behalf of the Service by the chairman and the secretary-
treasurer. Contracts shall be let and purchases made in accordance
with the procedures established by law for statutory cities.
Sec . 3 . The activities of the Service shall be financed by
funds available to the Service under Article VIII, and as provided in
this section. The amount of operating funds necessary for the
fiscal year 1978 and for that portion of the fiscal year 1977 in
which the Service is established shall be established by the Board
at its organizational meeting and set forth in an interim budget
410 adopted at that meeting. Each member shall be responsible for its
pro rata share of the interim budget costs based upon a per capita
charge as determined by the Board.
Sec. 4 . An annual budget shall be adopted by the Board at its
annual meeting. Copies of the budget shall be mailed promptly to
the chief administrative offices of each member. The budget is
-8-
deemed approved by the members except a member which has given
•notice of withdrawal in accordance with Article XI.
Sec . 5 . The Board in its by-laws shall establish a procedure
for preparation of the annual budget and the prompt collection of
funds due and owing from members. The budget procedure shall
provide ,that the budget be made available to members no later than
June 1 of each year.
ARTICLE XI .
DURATION AND DISSOLUTION
Section 1. The Service shall exist, and this agreement is
in effect, for an indefinite term until dissolved in accordance
• with section 3 of this Article.
Sec. 2 . A member may withdraw from the Service by filing a
written notice with the secretary-treasurer by June 1 of any year
giving notice of withdrawal at the end of that calendar year; and
membership shall continue until the effective date of the withdrawal.
A notice of withdrawal may be rescinded at any time by a member .
If a member withdraws before dissolution of the Service, the member
shall have no claim on the assets of the Service.
Sec. 3 . The Service shall be dissolved whenever the
withdrawal of a member reduces total membership in the Service to
• less than the number of members required for organization of the
Authority under Article VI, Section 2 . The Service may be dissolved
at any time by unanimous vote of all the members of the Board of
Directors.
Sec. 4 . In the event of dissolution, the Board shall determine
-9-
Ask-the measures necessary to effect the dissolution and shall provide
for the taking of such measures as promptly as circumstances permit,
subject to the provisions of this agreement. Upon dissolution of
the Service all remaining assets of the Service, after payment of
obligations, shall be distributed pro rata among the then existing
members and in accordance with procedures established by the Board.
The Service shall continue to exist after dissolution for such
period, no longer than six months, as is necessary to wind up its
affairs, but for no other purpose.
ARTICLE XII.
• TRANSITIONAL AND MISCELLANEOUS MATTERS
Section 1. The name of the organization created by this
agreement may be changed when deemed appropriate by the Board,
but only upon a 75% majority vote of the Board of Directors taken
at a regular meeting of the Board . If the name of the organization
is so changed, the Board shall provide in its by-laws for necessary
measures to effect the change in official and unofficial documents,
papers, and other essential respects.
Sec. 2 . It is the intention of the parties to this agreement
that the organization created thereby is the successor to the
Sqburban Public Health Nursing Service now in existence, pursuant to
Minnesota Statutes, Sections 145. 08 , Subdivision 3 , and 148 . 12,
Subdivision 2 . It is further the intention of the parties that any
funds made available to the organization created by the agreement
from assets of the present Suburban Health Nursing Service shall be
used exclusively for the purposes of this agreement .
-10-
IN WITNESS WHEREOF, the undersigned city has caused this
* agreement to be executed by its duly authorized officers and
delivered, together with its authorizing resolution, on its behalf.1 ),
By 'L' v
Its Mayor Jerre A. Miller
BY (.'l, "'�'�' ? C-'i .G
Its (C-ear- ) (Manager)
William P. Craig
Dated: October 18, , 1977 .
•
Filed in the office of the City Manager of the City of Crystal, this
day of , 1977.
John T. Irving
City Manager
City of Crystal
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1/1111 MEMO
TO: Ed Lundgren, Fire Chief
Ovide LeBerge, Superentendent of Police
Lee Cooper, Traffic Services
William Craig, City Manager
FEOM: Hugh O. Strawn, Fire Marshal
PE: Additional Fire Lane, VFW club, 100 Shady Oak Road
The manager of the VFW Club, Bob Keiffer, has requested an additional
Fire Lane to be added on the north side of their building. This area is
presently posted with "No Parking Any Time" signs which are being ignored.
Cars parked in this location restrict the necessary access to the rear of
the structure for fire department apparataus.
Please initial and pass on. If there are comments, please contact me.
24,p,
ace
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