08-005CITY OF SHOREWOOD
RESOLUTION NO. 08 - 005
A RESOLUTION APPROVING THE SECOND 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 establishing a payment schedule from Member Cities to
the EFD, schedule for approval of the capital improvement program and operating
budget, and language pertaining to the adoption of the Fire Code; and
Whereas, the Board of the Excelsior Fire District has recommended approval of the Second
Amendment to the Joint Powers Agreement, relating to Sections 5.2, 6.1, 7.2, and
8.1, which will establish a more timely payment schedule from Member Cities to
the District, develop a more cohesive budget process by joining more closely the
consideration of both the capital improvement program and operating budget, and
update the language pertaining to the adoption of the Fire Code; 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 Second Amendment to the Excelsior Fire District Joint Powers Agreement,
and authorizes the Mayor and City Administrator to execute the Second Amendment.
Adopted this 14t~' day of January, 2008.
Christine Lizee, Mayor
Attest:
,~,'-° ~
r
t ~
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Craig W. [~awson, City Administrator/Clerk
SECOND AMENDMENT TO
EXCELSIOR FIRE DISTRICT
JOINT POWERS AGREEMENT
This Second Amendment to the Excelsior Fire District Joint Powers Agreement is made and
entered into this day of , 200_, 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 5.2 of
the Excelsior Fire District Joint Powers Agreement is amended as follows:
5.2 Fire Marshal. The District may have a position of Fire Marshal, who shall be
appointed by the Fire Chief/District Administrator solely on the basis of training, experience,
and administrative, and other qualifications. The Fire Marshal's responsibilities will be to
enforce the rrr~~'^N-~ ~'~N^ r'^'^ Minnesota State Fire Code and perform other duties that may
be assigned by the Fire Chief/District Administrator. The Fire Marshal need not be a "member"
of the Excelsior Fire District. Fire Marshal responsibilities may be performed by a contractor
who is not an employee of the District; however, the Fire Marshal under the employ of the City
of Excelsior on December 31, 2000 shall automatically be appointed as the District's first Fire
Marshal with continuation of his/her status as a regular employee including continuation of
salary, benefits, accrued leave, and other customary issues of employment. The first Fire
Marshal and all subsequent persons filling that position shall serve at the pleasure of the Fire
Chief/District Administrator.
BE IT FURTHER 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 6.1 of the Excelsior
Fire District Joint Powers Agreement is amended as follows:
6.1 Adoption of rr,,;r^rm ~'~N^ r'^~'^ Minnesota State Fire Code. All Member Cities
agree to adopt the most current rr,,;r^,,,,, ~;,,^ r^,a^ Minnesota State Fire Code including
Minnesota State Building Code,
Chanter 1306 and authorize the District to enforce said rr~~~'^rm ~'~N^ r'^''^ Minnesota State
Fire Code in their cities within ninety (90) days of execution of this Agreement. Any city not
so adopting shall be considered in default of this Agreement as defined in Section 2.10 unless
said City agrees to indemnify and hold all other cities and the District harmless with regard to
any possible circumstance or consequence. All Member Cities further agree that they will
approve amendments to their City Codes of Ordinances adopting any updates or revisions to the
rr,,;r^,.,,, ~;,,,, r^a^ Minnesota State Fire Code within sixty (60) days of receiving notice from
the District that the ir~~~^'--„ ~'~N^ r'^~'^ Minnesota State Fire Code has been amended.
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BE IT FURTHER 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 7.2 of the Excelsior
Fire District Joint Powers Agreement is amended as follows:
7.2 Quarterly Payment. The District shall bill each of the Member Cities on a quarterly
basis at least thirty (30) days before payments are due. Beginning January 188->E 2008,
Member Cities shall forward their contributions to the District on a quarterly basis, with such
contributions being due and payable no later than:
First Quarter: ~-_~-'= January IS
Second Quarter: i'-4~ April IS
Third Quarter: ~~~ July I S
Fourth Quarter: "T^~~^m''^~' October IS
BE IT FURTHER 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 8.1 of the Excelsior
Fire District Joint Powers Agreement is amended as follows:
8.1 Approval of Capital Improvement Program/Finance Plan. After approval of the
District's annual Operating Budget covering the calendar year 2001, the Member City councils
shall approve a Capital Improvement Program/Finance Plan by an affirmative vote of a two-
thirds majority of the Member City councils. Any proposed amendment to the Capital
Improvement Program/Finance Pian shall be approved by an affirmative vote oftwo-thirds
majority of the Member City councils no later than ~-~ July I5. The vote on the Capital
Improvement Program/Financial Plan or any amendment thereto shall be binding upon all
Member Cities.
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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 Its
Date: , 200_ By
Its
ATTEST:
Date: , 200_ Date: ~`: ~ , 200
ATTEST: ATTEST:
City Administrator City A nistrator
CITY OF TONKA BAY
By
Its
Date: , 200
ATTEST:
City Administrator
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