Chapter Number 31, Departments, Boards, Commissions and Authorities

CHAPTER 31: DEPARTMENTS, BOARDS, COMMISSIONS AND AUTHORITIES

Section

Fire Department

31.001 Established

31.002 Election

31.003 Duties of Fire Marshal

31.004 Duties of Chief

31.005 Records

31.006 Practice drills

31.007 Assistant Chief

31.008 Firefighters

31.009 Loss of membership

31.010 Compensation

31.011 Minimum pay

31.012 Present members

31.013 Relief association

31.014 Interference with Department

Utility Advisory Board

31.040 Short title

31.041 Definitions

31.042 Establishment

31.043 Terms of office

31.044 Qualifications

31.045 Removal of members

31.046 Meetings, officers

31.047 Commission staff

31.048 Rules and procedures

31.049 Absence of members

31.050 Powers and duties

31.051 Annual report

Planning and Zoning Commission

31.065 Creation

31.066 Powers

31.067 Map

Biosolids Disposal Authority

31.080 Tri-Cities Biosolids Disposal Authority

31.081 Establishment

31.082 Term of office

31.083 Officers

31.084 Duties and powers

31.085 Contributions to capital and operation cost

31.086 Budget

31.087 Finances

31.088 Reports

31.089 Termination

Biosolids Disposal Site Authority

31.100 Authority created

31.101 Term of office

31.102 Officers

31.103 Duties and powers

31.104 Contributions to capital and operation cost

31.105 Budget

31.106 Finances

31.107 Reports

31.108 Termination

31.109 Establishment

Recreation Board

31.120 Board established

31.121 Members

31.122 Officers; quorum

31.123 Powers

31.124 Annual report

FIRE DEPARTMENT

31.001 ESTABLISHED.

There is established in this City a Paid-On-Call Fire Department and First Responders (herein referred to as “the department”) consisting of a Chief, an Assistant Chief, Secretary/Financial Officer, Safety Officer, Training Officer, Apparatus/Maintenance Officer, Emergency Medical Services Director, Community Outreach Coordinator and the department not to exceed thirty five (35) members with thirty (30) firefighter and/or firefighter/First Responder positions and five (5) First Responder only positions. See Standard Operating Guidelines for firefighter officers Position Analysis.

(Prior Code, § 43.01)

31.002 ELECTION.

The Chief of the Fire Department, the Assistant Chief, the Secretary and the Fire Marshal shall be appointed annually by the Council, which body shall, in making such appointments, take into consideration recommendations of the members of the departments. Each officer shall hold office for one year and until his or her successor has been duly appointed, except that he or she may be removed by the Council for cause and after a public hearing. Firefighters and probationary firefighters shall be appointed by the members of the Department subject to confirmation by the Council. Firefighters shall continue as members of the Department during good behavior and may be removed by the Council only for cause and after a public hearing.

(Prior Code, § 43.02)

31.003 DUTIES OF FIRE MARSHAL.

The office of Fire Marshal may be held by the Chief or by the Assistant Chief, if the Council so decides. The Fire Marshal shall be charged with the enforcement of all ordinances aimed at fire prevention. He or she shall have full authority to inspect all premises and to cause the removal or abatement of any fire hazards.

(Prior Code, § 43.03)

31.004 DUTIES OF CHIEF.

The Chief shall have control over all of the fire fighting apparatus and shall be solely responsible for its care and condition. He or she shall make a report semi-annually to the Council at its meetings in March and September as to the condition of the equipment and needs of the Fire Department. He or she may submit additional reports and recommendations at any meeting of the Council, and he or she shall report each suspension by him or her of a member of the Fire Department at the first meeting of the Council following such suspension. He or she shall be responsible for the proper training and discipline of the members of the Fire Department and may suspend any member for refusal or neglect to obey orders pending final action by the Council on his or her discharge or retention.

(Prior Code, § 43.04)

31.005 RECORDS.

The Secretary shall keep in convenient form a complete record of all fires, such record shall include the time of the alarm, location of fire, cause of fire (if known), type of building, name of owner and tenant, purpose for which occupied, value of building and contents, members of the Department responding to the alarm and such other information as he or she may deem advisable or as may be required from time to time by the Council or State Insurance Department.

(Prior Code, § 43.05)

31.006 PRACTICE DRILLS.

It shall be the duty of the Chief, when the weather permits, to hold a monthly practice drill of at least one hour’s duration for the Fire Department and to give the firefighter instruction in approved methods of fire fighting and fire prevention.

(Prior Code, § 43.06)

31.007 ASSISTANT CHIEF.

In the absence or disability of the Chief, the Assistant Chief shall perform all the functions and exercise all of the authority of the Chief.

(Prior Code, § 43.07)

31.008 FIREFIGHTERS.

Membership to the department shall be restricted to those who live within a radius of ten minutes of the fire hall. Membership must obey all traffic laws in response. The minimum age requirement shall be 18 years of age. The department’s active roster shall consist of a maximum of thirty (30) paid on call firefighter, firefighter/First Responder and five (5) First Responder only members.

(Prior Code, § 43.08)

31.009 LOSS OF MEMBERSHIP.

Firefighters absent from three consecutive drills or calls, unless excused by the Chief, shall forfeit membership in the Department.

(Prior Code, § 43.09)

31.010 COMPENSATION.

The members and officers of the Fire Department shall receive such compensation as the City Council shall determine by resolution, and a record book of the amounts of compensation for each position shall be kept on file in the office of the City Administrator of and for the City.

(Prior Code, § 43.10)

31.011 MINIMUM PAY.

In computing compensation for fires and first responder calls, one hour shall be considered as the minimum to be paid to any member.

(Prior Code, § 43.11)

31.012 PRESENT MEMBERS.

Persons, who are members of the Fire Department at the time of the adoption of this section, shall not be required to serve a probationary period before receiving firefighter’s rating.

(Prior Code, § 43.12)

31.013 RELIEF ASSOCIATION.

The members and officers of the Fire Department shall organize themselves into a Firefighter’s Relief Association.

(Prior Code, § 43.13)

31.014 INTERFERENCE WITH DEPARTMENT.

It shall be unlawful for any person to give or make, or cause to be given or made, an alarm of fire without probable cause, or to neglect or refuse to obey any reasonable order of the Chief at a fire or to interfere with the Fire Department in the discharge of its duties; any person convicted of violating this section shall be deemed guilty of a misdemeanor.

(Prior Code, § 43.14) Penalty, see § 10.99

UTILITY ADVISORY BOARD

31.040 SHORT TITLE.

This subchapter shall be known and may be cited as the “Mountain Iron Utility Advisory Board Chapter.”

(Prior Code, § 38.01)

31.041 DEFINITIONS.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

BOARD. The Utility Advisory Board of the City as created by this subchapter.

CHAIRPERSON. The Chairperson of the Utility Advisory Board as provided hereunder.

SECRETARY. The Secretary of the Utility Advisory Board as provided hereunder.

VICE-CHAIRPERSON. The Vice Chairperson of the Utility Advisory Board as provided hereunder.

(Prior Code, § 38.02)

31.042 ESTABLISHMENT.

A Utility Advisory Board is established to be advisory to the City Council and which Utility Advisory Board shall have the powers and duties hereinafter set forth.

(Prior Code, § 38.03)

31.043 TERMS OF OFFICE.

Members of the Board shall be appointed upon majority consent of the Council for staggered terms of three years. Upon expiration of said initial terms, future appointees shall serve five year terms expiring in January of the appropriate year, provided, however, that members shall continue their terms until new appointments or reappointments are made by the City Council. The City Council shall make appointments to the Board at its second official meeting in January of each year or as soon thereafter as it desires. Vacancies during the term shall be filled by the City Council for the unexpired portion of the term.

(Prior Code, § 38.04)

31.044 QUALIFICATIONS.

Members of the Board shall be residents of the City while serving on the Board and shall represent as broad a range as possible of the different geographical areas of the City.

(Prior Code, § 38.05)

31.045 REMOVAL OF MEMBERS.

The Council by a four-fifths vote of its members shall have the authority to remove any member of the Board from office whenever, in its discretion, the best interest of the City shall be served thereby.

(Prior Code, § 38.06)

31.046 MEETINGS, OFFICERS.

The Board will name its own officers to serve at its pleasure from the membership of the Commission.

(A) Regular meetings. The Board shall meet publicly in regular session at least once each month at a time and place selected by a majority of its members.

(B) Special meetings. The Chairperson or any two members of the Board shall have the authority to call a special meeting of the Board. Written notice of special meetings shall be given to all members at least 24 hours prior to the time of the meeting unless the time and place for the special meeting is set at a regular meeting.

(Prior Code, § 38.07)

31.047 COMMISSION STAFF.

The Board shall receive the staff services of the City Administrator and Public Works Director as approved by the City Council within the means provided by any appropriations made therefore by the City Council.

(Prior Code, § 38.08)

31.048 RULES AND PROCEDURES.

The Board shall adopt a set of rules to govern its own meetings and procedures. The rules may be amended from time to time, but only upon notice to all members that the said proposed amendments shall be acted upon at a specified meeting. A majority vote of the Board shall be required for the approval of the proposed amendment.

(Prior Code, § 38.09)

31.049 ABSENCE OF MEMBERS.

Absence from three consecutive regular meetings without the formal consent of the Board shall be deemed to constitute a resignation of a member, and the vacancy thus created shall be filled thereafter by appointment of the City Council for the remainder of the term of the member so deemed to have resigned.

(Prior Code, § 38.10)

31.050 POWERS AND DUTIES.

The Board shall have the following powers and duties:

(A) To confer with and advise the Council on all matters concerning the management and operation of the water, wastewater and electric plants as the City may own or acquire;

(B) To advise the Council on setting charges against each class of consumer, public or private, of water, wastewater or electricity service as will meet all costs of production and transmission of such utilities consumed by such class of consumer as will in the judgment of the Board yield appropriate sums for depreciation and reserve accounts and for the retirement of any bonded indebtedness incurred by the City for capital expenditures of the departments.

(Prior Code, § 38.11)

31.051 ANNUAL REPORT.

The Board shall make a report to the City Council of its activities in December of each year.

(Prior Code, § 38.12)

PLANNING AND ZONING COMMISSION

31.065 CREATION.

The Planning and Zoning Commission is created to be known as the Planning and Zoning Commission of the City. The Commission shall consist of seven members, and each member shall be appointed for a term of three years. The City Administrator, Zoning Administrator and City Attorney shall be ex-officio members without the right to vote.

(Prior Code, § 20.01)

31.066 POWERS.

The Planning and Zoning Commission of the City shall, with the consent and approval of the City Council, carry on City planning activities and adopt a plan for the future physical development of the City and shall perform such other duties as may from time to time be delegated to them by other ordinances of the City.

(Prior Code, § 20.02)

31.067 MAP.

The Planning and Zoning Commission may provide for the future layout of streets outside of platted territory and extending across unplatted territory within the corporate limits of the City and may provide for the future widening or improvement of any existing streets or highways and may in cooperation with the consulting City Engineer prepare a map of the City to be known as the Official Map of the City, which map shall indicate thereupon the proposed future extension of widening of existing streets on the municipality. Before the map shall be adopted by the City Council as the official map, a public hearing shall be held after ten days notice thereof has been given in a legal newspaper.

(Prior Code, § 20.03)

BIOSOLIDS DISPOSAL AUTHORITY

31.080 TRI-CITIES BIOSOLIDS DISPOSAL AUTHORITY.

There is created, pursuant to provisions of M.S. § 471.59, as it may be amended from time to time, a joint biosolids disposal authority to be known as the Tri-Cities Biosolids Disposal Authority. The Authority shall be composed of one member representing each of the participating municipalities, which member shall be appointed by a majority vote of the governing body. The members of the Authority will serve until their successors are duly appointed and qualified.

(Prior Code, § 33.01) (Ord. 02-97, passed 12-15-1997)

31.081 ESTABLISHMENT.

The Tri-Cities Biosolids Disposal Authority has been established pursuant to the following ordinances:

(A) City of Eveleth – Ordinance 168, amended by Ordinance 176;

(B) City of Gilbert – Ordinance 1-81, amended by Ordinance 1-83;

(Prior Code, § 33.02) (Ord. 02-97, passed 12-15-1997)

31.082 TERM OF OFFICE.

The members of the first Authority shall be appointed by the governing body of each municipality for a term expiring as that municipality shall so direct. Each community, wherein a vacancy exists, shall appoint one member to fulfill such vacancy. Each municipality shall appoint an alternate member who may attend all meetings of the Authority and participate in all discussions and vote only in the absence of the regular member from his or her municipality.

(Prior Code, § 33.03) (Ord. 02-97, passed 12-15-1997)

31.083 OFFICERS.

The Joint Authority shall elect one of its members to be Chairperson of the Authority, one member to be Vice-Chairperson and shall appoint a Secretary-Treasurer who may, but need not be, a member of the Authority. Each such appointee shall hold office for the term of one year and until his or her successor is appointed and qualified.

(Prior Code, § 33.04) (Ord. 02-97, passed 12-15-1997)

31.084 DUTIES AND POWERS.

(A) The Authority shall have full authority and responsibility for the establishment, maintenance and regulation and operation of a biosolids truck or trucks. In carrying out such authority, it shall have all the powers and authority vested in the municipalities under the laws of the State of Minnesota relating to the establishment, operation and regulation of a biosolids disposal system. The Authority may contract with the East Mesaba Sanitary Disposal Authority to handle the administration of funds for the operation of the biosolids truck used by the Cities of Eveleth, Mountain Iron and Gilbert.

(B) Without limiting its general powers vested in it by law, the Authority shall have the following powers:

(1) To acquire by purchase, lease, gift or otherwise property for and to establish, construct, enlarge, improve, maintain, equip, operate and regulate the operation of a biosolids truck or trucks;

(2) To gather information on the problem of biosolids removal insofar as the members are concerned and on the best means of meeting said problem and to disseminate such information;

(3) To employ qualified engineers or other experts to prepare and submit studies and reports on said problem and propose solutions thereof;

(4) To employ legal counsel, administrative and clerical personnel as necessary;

(5) To secure appraisals of real property;

(6) To expend monies and incur liabilities for such purpose;

(7) To define its procedure, including the appointment of committees of less than all the members;

(8) To submit findings and recommendations to the member municipalities;

(9) To award contracts for the performance of any of the authorized services of the Authority;

(10) To adopt such rules and regulations for the operation of the biosolids disposal system as they shall, in their discretion, deem necessary and advisable and to establish a penalty for violation thereof.

(Prior Code, § 33.05) (Ord. 02-97, passed 12-15-1997)

31.085 CONTRIBUTIONS TO CAPITAL AND OPERATION COST.

Costs incurred in the establishment, operation and maintenance of said biosolids disposal system shall be divided among the participating municipalities based upon the number of loads of biosolids hauled from each community. For purposes of defraying the expense of the Authority for the first fiscal year following establishment, the participating municipalities shall pay to the Secretary-Treasurer of the Authority a predetermined fixed sum per capita. Such payment shall be made in quarterly installments. Title to any lands or equipment acquired by the Authority shall be taken in the name of the Authority in trust for the participating municipalities. Ownership of such purchases shall be divided among the participating municipalities in relation to their various populations.

(Prior Code, § 33.06) (Ord. 02-97, passed 12-15-1997)

31.086 BUDGET.

(A) On or before July 1 of each year, the Authority shall prepare a budget for financing the operations of the Authority for the ensuing fiscal year. A copy of the budget shall, not later than July l, be furnished to the governing boards of the participating municipalities. Such budget shall include an estimation of all income and their sources, as well as an itemized budget of estimated expenditures. Final decision of the respective governing bodies as to requested contributions shall be reported to the Authority which shall adjust its budget, if necessary, so that its budget may at all times be balanced. Money not expended in the budget may be carried over to the following year.

(B) The Authority shall not have the power to levy taxes or borrow money and it shall not approve any claim or incur any obligation for expenditures unless there is unencumbered cash in the appropriate fund to the credit of the Authority with which to pay the same.

(Prior Code, § 33.07) (Ord. 02-97, passed 12-15-1997)

31.087 FINANCES.

All receipts of money shall be deposited in the bank or banks selected by the Authority or the bank or banks selected by the agent chosen by the Authority to administer the funds of the Authority. No disbursement shall be made except by check in such manner as the Authority may determine, nor unless a verified claim for services and commodities actually rendered or delivered be submitted to and approved for payment by the Authority or the agent selected by the Authority. An audit of the funds of the Authority shall be made annually. Such audits may be made independently or in conjunction of any audit that may be made of the funds of any of the participating municipalities. An employee of the Authority who handles cash in the process of collection shall, if the Authority so requires, furnish a surety bond in such amount as may be determined by the Authority. The cost of such bond shall be paid out of the Authority funds.

(Prior Code, § 33.08) (Ord. 02-97, passed 12-15-1997)

31.088 REPORTS.

The Authority, as soon as possible, at the end of each fiscal year, shall prepare and present to each municipal board a comprehensive report of its activities and finances. The Authority shall also prepare and present federal and state officials with such reports as may be required by law, regulation or contract.

(Prior Code, § 33.09) (Ord. 02-97, passed 12-15-1997)

31.089 TERMINATION.

This chapter, when adopted by the various participating municipalities, shall constitute a contract between the municipalities. It shall be in full force and effect for one year thereafter, provided, however, that the provisions thereof, except as to the duration of the contract, may be amended by mutual agreement of the municipalities. Thereafter it shall be continued in force from year to year. By written notice mailed or delivered to the Secretary-Treasurer of the Authority, at any time following the initial one-year period, any member may discontinue membership or extend membership in the Authority at the end of the fiscal year in which such notice is given. If upon termination of one or more of the municipalities, the expenses of and liabilities of the Authority exceed the sum of the amounts paid by such members, the member so terminating their membership shall pay to the Authority their pro-rate thereof. This agreement shall continue from year to year so long as at least two members continue to participate. If one of the last two remaining municipalities desires to terminate the Authority, it shall notify the other municipality to that effect and the Authority shall proceed immediately to dispose of all of the property which it may have acquired. Upon such termination, if the expenses and liabilities of the association exceed the proceeds received from such sale, the loss shall be divided between these two municipalities on the same basis as the contributions to capital and operation cost stated in § 31.085. If upon termination the assets of the Authority exceed its liabilities, the net proceeds from the sale thereof shall be divided between these two municipalities on the same basis as the contributions to capital and operation cost stated in § 31.085.

(Prior Code, § 33.10) (Ord. 02-97, passed 12-15-1997)

BIOSOLIDS DISPOSAL SITE AUTHORITY

31.100 AUTHORITY CREATED.

There is created, pursuant to provisions of M.S. § 471.58, as it may be amended from time to time, and Acts amendatory thereof, a joint sanitary disposal authority to be known as the Biosolids Disposal Site Authority. The Authority shall be composed of one member representing each of the participating municipalities, which member shall be appointed by a majority vote of the governing body. The members of the Authority shall serve without compensation except for the Secretary-Treasurer.

(Prior Code, § 39.01) (Ord. 03-97, passed 12-15-1997)

31.101 TERM OF OFFICE.

(A) The members of the first Authority shall be appointed as follows:

(1) One member shall be appointed by the governing body of the City of Mountain Iron for a term expiring on the first Monday in January, 1991;

(2) One member shall be appointed by the governing body of the City of Eveleth for a term expiring on the first Monday in January, 1992;

(3) One member shall be appointed by the governing body of the City of Gilbert for a term expiring on the first Monday in January, 1993;

(4) One member shall be appointed by the governing body of the City of Virginia for a term expiring on the first Monday in January, 1994.

(B) Thereafter, each community wherein a vacancy exists shall appoint one member for a term of four years. All members shall serve until their successor are appointed and qualified. In the event of a vacancy, the municipality wherein such vacancy occurs shall appoint a replacement who shall serve for the balance of the term of the replaced member.

(C) Each municipality may appoint an alternate member who may attend all meetings of the Authority. He or she may participate in all discussions and may vote only in the absence of the regular member from his or her municipality.

(D) All members currently on the East Mesaba Sanitary Disposal Authority shall be members of the Biosolids Disposal Site Authority until the Council of the community appoints a new member.

(Prior Code, § 39.02) (Ord. 03-97, passed 12-15-1997)

31.102 OFFICERS.

The Joint Authority shall elect one of its members to be Chairperson of the Authority, one member to be Vice Chairperson and shall appoint a Secretary-Treasurer who may, but need not be, a member of the Authority. Each such appointee shall hold office for the term of one year and until his or her successor is appointed and qualified.

(Prior Code, § 39.03) (Ord. 03-97, passed 12-15-1997)

31.103 DUTIES AND POWERS.

(A) The Authority shall have full authority and responsibility for the establishment, maintenance and regulation of the Biosolids Disposal Site Authority. In carrying out such authority, it shall have all of the powers and authority vested in the municipalities under the laws of the State of Minnesota relating to the establishment, operation and regulation of a sanitary disposal system.

(B) Without limiting its general powers vested in it by law, it shall have the following powers:

(1) To acquire, by purchase, lease, gift or otherwise property for and to establish, construct, enlarge, improve, maintain, equip, operate and regulate a biosolids site and to accomplish these purposes to apply for and receive federal and state grants;

(2) To gather information on the problem of collection and disposal of biosolids insofar as the members are concerned and on the best means of meeting said problem and to disseminate such information;

(3) To employ qualified engineers or other experts to prepare and submit studies and reports on said problem and proposed solutions thereof;

(4) To employ legal counsel and administrative and clerical personnel as necessary;

(5) To secure appraisals of real property;

(6) To expend monies and incur liabilities for such purposes;

(7) To define its procedure, including the appointment of committees of less than all the members;

(8) To submit findings and recommendations to the member municipalities;

(9) To award contracts upon proper bid for the performance of any of the authorized services of the Authority;

(10) To adopt such rules and regulations for the operation of the biosolids disposal site as they shall, in their discretion, deem necessary and advisable and to establish a penalty for violation thereof;

(11) To establish the procedures for new communities to joint the Authority.

(Prior Code, § 39.04) (Ord. 03-97, passed 12-15-1997)

31.104 CONTRIBUTIONS TO CAPITAL AND OPERATION COST.

Costs incurred in the establishment, operation and maintenance of said biosolids disposal site shall be divided among the participating municipalities on a per capita basis. The first fiscal year shall be financed by the transfer of funds from the East Mesaba Sanitary Disposal Authority. These are the unspent funds that were appropriated to the East Mesaba Sanitary Disposal Authority by the Cities of Eveleth, Gilbert, Mountain Iron and Virginia for the purpose of operating the biosolids disposal site. Title to any lands acquired by the Biosolids Authority shall be transferred to the name of the Authority in trust for the participating municipalities. Ownership of such purchases shall be divided among the participating municipalities in relation to their various populations.

(Prior Code, § 39.05) (Ord. 03-97, passed 12-15-1997)

31.105 BUDGET.

(A) On or before June 1 of each year, the Authority shall prepare a budget for financing the operations of the Authority for the ensuing calendar year. A copy of the budget shall, not later than September 1, be furnished to the governing boards of the participating municipalities. Such budget shall include an estimation of all income and their sources, as well as an itemized budget of estimated expenditures. Final decision of the respective governing bodies, as to requested contributions, shall be reported to the Authority which shall adjust its budget, if necessary, so that its budget may at all times be balanced. Money not expended in the budget may be carried over to the following year.

(Prior Code, § 39.06) (Ord. 03-97, passed 12-15-1997)

31.106 FINANCES.

All receipts of money shall be deposited in the bank or banks selected by the Authority and credited to the account of the Biosolids Site Disposal Authority. No disbursement shall be made except by check in such manner as the authority may determine, nor unless a verified claim for services and commodities actually rendered or delivered be submitted to and approved for payment by the Authority and authenticated by the signature of the Chairperson and Secretary-Treasurer. An audit of the funds of the Authority shall be made annually. Such audits may be made independently or in conjunction with any audit which may be made of the funds of any of the participating municipalities. An employee of the Authority who handles cash in the process of collection shall, if the Authority so requires, furnish a surety bond in such amount as may be determined by the Authority. The cost of such bond shall be paid out of Authority funds.

(Prior Code, § 39.07) (Ord. 03-97, passed 12-15-1997)

31.107 REPORTS.

The Authority, as soon as possible, at the end of each calendar year, shall prepare and present to each municipal council a comprehensive report of its activities and finances. The Authority shall also prepare and present federal and state officials with such reports as may be required by law, regulation or contract.

(Prior Code, § 39.08) (Ord. 03-97, passed 12-15-1997)

31.108 TERMINATION.

This subchapter, when adopted by the City Council of the City of Mountain Iron, and when concurrent ordinances are adopted by other participating municipalities, shall constitute a contract between the municipalities. It shall be in full force and effect for five years thereafter; provided, however, that the provisions thereof, except as to the duration of the contract, may be amended by mutual agreement of said municipalities. Thereafter, it shall continue in force from year to year. By written notice mailed or delivered to the Secretary-Treasurer of the Authority, at any time following the initial five-year period, any member may discontinue membership in the association at the end of the year in which such notice is given. If upon such termination by one or more of the municipalities, the expenses of and liabilities of the Authority exceed the sum of the amounts paid by such members, the member so terminating their membership shall pay to the Authority their pro-rata share thereof. This agreement shall continue from year to year so long as at least two members continue to participate. If one of the last two remaining municipalities desires to terminate the Authority, it shall notify the other municipality to that effect and the Authority shall proceed immediately to dispose of all the property which it may have acquired. Upon such termination, if the expenses and liabilities of the Association exceed the proceeds received from such sale, the last two remaining municipalities shall share the deficit on a per capita basis. If upon such termination the assets of the Association exceed its liabilities, the net proceeds from the sale thereof shall be divided between these two municipalities on the same per capita basis. Anyone who ceases to participate in the Authority shall be responsible for their share of closure costs.

(Prior Code, § 39.09) (Ord. 03-97, passed 12-15-1997)

31.109 ESTABLISHMENT.

Biosolids Disposal Site Authority has been established pursuant to the following ordinances:

(A) City of Virginia – Ordinance 103A;

(B) City of Eveleth – Ordinance 196;

(D) City of Mountain Iron – Ordinance 39.

(Prior Code, § 39.11) (Ord. 03-97, passed 12-15-1997)

PARKS AND RECREATION BOARD

31.120 BOARD ESTABLISHED.

There is established in the City a Parks and Recreation Board.

(Prior Code, § 40.01)

31.121 MEMBERS.

The Board shall consist of seven members, and each member shall be appointed for a term of three years. When the Board is first created, the Council shall appoint two members for the term of one year, two for the term of two years and three for the term of three years. Each year thereafter, the Council shall appoint members of the Board, whose term of office shall be for three years. Members of the Board shall hold their offices until their successors are appointed. In case of a vacancy, such vacancy shall be fined by appointment for the unexpired term by the Council.

(Prior Code, § 40.02)

31.122 OFFICERS; QUORUM.

A majority of the members of the Board shall constitute a quorum for the transaction of business. The Board shall elect necessary officers at the beginning of each fiscal year and shall adopt rules and regulations as it may deem proper for the conduct of its work and functions. (Prior Code, § 40.03)

31.123 POWERS.

The Board shall have the following powers and duties:

(A) To confer with and advise the Council on all matters concerning Parkas and Recreation;

31.124 ANNUAL REPORT.

(A) The Recreation Board shall annually prepare and submit a report in writing to the Council.

(B) Such report shall be submitted on or before October 1 of each year and such report shall contain:

(1) A description of the program activities for the past year;

(2) A plan for a comprehensive program of public recreation activities for the ensuing year together with an estimate of cost for the operation of such program. Such estimate of cost for the operation of such program shall also include an estimate of the amount and purpose of expenditures contemplated.

(Prior Code, § 40.05)

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Chapter Number 31, Departments, Boards, Commissions and Authorities

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