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RESOLUTION NO. 97- 66
APPROVAL OF JOINT POWERS AGREEMENT
BETWEEN CITY OF STILLWATER AND TOWN OF MAY FOR
FIRE HYDRANT MAINTENANCE
WHEREAS, a fire hydrant was installed adjacent to Lake Carnelian in the Town of May in
cooperation with the City of Stillwater Fire Department,
BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the Joint Powers
Agreement for fire hydrant maintenance, attached hereto as Exhibit A, by and between the
City of Stillwater, Minnesota, and the Town of May is hereby approved, and the Mayor and
appropriate city staff are directed to sign said Agreement.
Adopted by Council this 4th day of March, 1997.
ATTEST:
(YL~~_
Morli Weldon, City Clerk
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Exhibit A Res. 97-66
CITY OF STILLWATER
WASHINGTON COUNTY, MINNESOTA
TOWN OF MAY
WASHINGTON COUNTY, MINNESOTA
JOINT POWERS AGREEMENT
THIS AGREEMENT, made this
day of
, 1997,
by and between the City of Stillwater, Washington County, Minnesota
(hereinafter referred to as "City") and the Town of May, Washington
County, Minnesota (hereinafter referred to as "Town").
WITNESSETH:
WHEREAS, the City and the Town are municipalities located in
Washington County, Minnesota; and
WHEREAS, the Town and the City have previously entered a Fire
Protection Contract wherein the City agreed to provide fire
protection services to the Town.
WHEREAS, Minnesota Statute ~471.59 authorizes two (2) or more
governmental units, by agreement of their governing bodies, jointly
and cooperatively to exercise any power common to the contracting
parties; and,
WHEREAS, for fire protection purposes, the Town has installed
a dry fire hydrant adjacent to Lake Carnelian. The parties wish, to
provide for the maintenance and repair of the hydrant by the City
as this is considered in their mutual best interests.
NOW, THEREFORE, IT IS HEREBY AGREED, by and between the
parties as follows:
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I.
That the City shall take all reasonable steps to ensure that
the dry hydrant is properly maintained and in good working order
and shall perform all necessary routine maintenance on the hydrant.
The City shall compensate its own employees for their work pursuant
hereto.
II.
That the Town shall be responsible for all other maintenance,
repair or replacement costs. If the City determines that the
hydrant requires repair or replacement, the City shall so notify
the Town and the Town shall provide for repair or replacement and
assume all costs in connection therewith.
III.
~ The City hereby agrees to indemnify the township and defend
the same against any claims brought or actions filed against the
Town for injury or death to any third person or persons or damage
to property of third persons arising out of the performance of the
duties assumed by the City hereunder.
IV.
This Agreement may be extended or modified only by the written
Agreement of both parties hereto.
v.
It is agreed that, except as specifically provided herein by
the execution of this Agreement, neither party relinquishes any
rights or powers possessed by it, and neither party is relieved of
any responsibility, duty or obligation imposed upon it by law or
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regulation.
VI.
This agreement and the obligations imposed hereunder shall
continue in effect until cancellation by either municipality.
Cancellation shall be effective 60 days after service, by certified
mail, of written notice upon the clerk of the non-cancelling
municipality.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed by their duly authorized representatives
on the day and year first above written.
TOWN OF MAY
CITY OF
By:
Chairman
By:
Clerk
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