08-11-25 - City Council Agenda - Laserfiche WebLink

Home Search

15 7.3 Dissolution. In addition to termination as provided above, any Member may petition the Board of Directors to dissolve this Agreement. Upon ninety (90) days’ notice in writing to the clerk of each Member, the Board of Water and Soil Resources, and to Anoka and Ramsey County, the Board shall hold a hearing and upon a favorable vote by a majority of all eligible votes of then existing Board members, the Board may by resolution recommend that VLAWMO be dissolved. Said resolution shall be submitted to each Member and if ratified by three-fourths of the governing bodies of all eligible Members within sixty (60) days, said Board shall dissolve VLAWMO allowing a reasonable time to complete work in progress, pay any outstanding obligations, and to dispose of personal property owned by VLAWMO. 7.4 Assets. Upon a set of findings and order for dissolution of VLAWMO by the State Board of Water and Soil Resources, all personal property of VLAWMO shall be transferred, either jointly or severally, to the Members after all VLAWMO’s obligations are paid. The Board may determine to allocate and transfer VLAWMO assets to members in accordance with the formula set out herein for determining Member assessments. SECTION VIII MISCELLANEOUS PROVISIONS 8.1 Adoption of Agreement. This Agreement shall be in full force and effect upon the filing of a copy of the resolution approving said Agreement by all six members. Said resolutions shall be filed with the Chair. VLAWMO shall provide each a Member a fully executed copy of this Agreement. 8.2 Dispute Resolution. The Members agree that any dispute related to this Agreement that cannot be resolved by discussions among the Board and a Member shall be submitted to mediation. The mediation shall be conducted in accordance with a process agreed to by the parties involved in the dispute. If the parties are not able to mutually agree on a mediator, each party shall provide a list of two mediators to VLAWMO. The Chair shall select the mediator from the combined list. If, however, the Chair is from a Member that is a party to the dispute, then the Vice-Chair shall select the mediator from the combined list. Each party to the mediation shall be responsible for its own costs in mediation and shall share equally in the costs of the mediator and all other costs of mediation. If the dispute is not resolved in mediation, the parties may agree to submit the dispute to binding arbitration or any party may pursue any options available to it under law to seek a resolution of the dispute. 8.3 Data Practices. VLAWMO shall comply with the requirements of Minn. Stat., chap. 13, the Minnesota Government Data Practices Act (“MGDPA”). Any entity with which VLAWMO contracts is required to comply with the MGDPA as provided in Minn. Stat. § 13.05. The contractor shall be required to notify the Board if it receives a data request and to work with VLAWMO to respond to it. 8.4 Amendments. The Board may recommend changes and amendments to this Agreement to the governing bodies of the Members. Amendments will only take effect if adopted by all Page 671 of 679