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02-043• CITY OF SHOREWOOD RESOLUTION NO.02 - 043 APPROVING THE FIRST AMENDMENT TO THE EXCELSIOR FIRE DISTRICT JOINT POWERS AGREEMENT Whereas, the City of Shorewood is a Member of the Excelsior Fire District (EFD), which was established by a joint powers agreement (JPA) signed on August 29, 2000; and Whereas, the JPA has provisions requiring action by certain dates to ensure that new facilities will be provided for the EFD; and Whereas, the EFD and its Member cities have made commitments and are making substantial progress on the decisions necessary to constructing new facilities; and Whereas, the Board of the Excelsior Fire District have recommended approval of the First Amendment to the Joint Powers Agreement, relating to Section 11.2 of the Agreement, in order to ensure that sound and timely decisions are made regarding these new facilities; and Whereas, the Amendment to the Agreement will take effect only if approved by the • councils of each of the five Member cities of the EFD; and Whereas, the Council of the City of Shorewood is committed to viability and success of the Excelsior Fire District, NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Shorewood, that it hereby approves the First Amendment to the Excelsior Fire District Joint Powers Agreement. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 13th day of May 2002. 6 Woody Love, Mayor ATTEST: Craig Dawson, City Administrator -Clerk 0 • FIRST AMENDMENT TO EXCELSIOR FIRE DISTRICT JOINT POWERS AGREEMENT This First Amendment to the Excelsior Fire District Joint Powers Agreement is made and entered into this day of , 2002, by and between the cites of Deephaven, Excelsior, Greenwood, Shorewood, and Tonka Bay, all being municipal corporations organized under the laws of the State of Minnesota, pursuant to the authority conferred upon the parties by Minn. Stat. § 471.59. NOW, THEREFORE, BE IT RESOLVED, in consideration of the mutual covenants and agreements contained herein, it is hereby agreed by and between the cities of Deephaven, Excelsior, Greenwood, Shorewood, and Tonka Bay, through their respective City Councils that paragraph 11.2 of the Excelsior Fire District Joint Powers Agreement is amended as follows: Paragraph 11.2(1). The date "July 1, 2002," in the second line of said paragraph is hereby changed to "July 1, 2003." The date "December 31, 2002," in the second to the last sentence of paragraph 11.2 is changed to "December 31, 2003." IN WITNESS WHEREOF, the undersigned cities, by action of their governing bodies, have caused this First Amendment to the Excelsior Fire District Joint Powers Agreement to be executed in accordance with the authority of Minn. Stat. § 471.59. CITY OF DEEPHAVEN CITY OF EXCELSIOR • By By Its Date: , 2002 By ATTEST: City Clerk Its Its Date: 2002 F • CITY OF GREENWOOD CITY OF SHOREWOOD By BY Its Its Date: 12002 Date: , 2002 ATTEST: City Clerk CITY OF TONKA BAY By Its Date: 2002 • ATTEST: City Clerk excelsior fd\1st amendment to joint powers agr • 2