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2006 Minnesota Statutes

This is a historical version of this statute section. Also view the most recent published version.

471.59 JOINT EXERCISE OF POWERS.
    Subdivision 1. Agreement. Two or more governmental units, by agreement entered into
through action of their governing bodies, may jointly or cooperatively exercise any power
common to the contracting parties or any similar powers, including those which are the same
except for the territorial limits within which they may be exercised. The agreement may provide
for the exercise of such powers by one or more of the participating governmental units on behalf
of the other participating units. The term "governmental unit" as used in this section includes
every city, county, town, school district, other political subdivision of this or another state,
another state, the University of Minnesota, nonprofit hospitals licensed under sections 144.50
to 144.56, rehabilitation facilities and extended employment providers that are certified by the
commissioner of employment and economic development, day training and habilitation services
licensed under sections 245B.01 to 245B.08, and any agency of the state of Minnesota or the
United States, and includes any instrumentality of a governmental unit. For the purpose of this
section, an instrumentality of a governmental unit means an instrumentality having independent
policy making and appropriating authority.
    Subd. 1a. Liability. (a) A governmental unit participating in a joint venture or joint
enterprise, including participation in a cooperative activity undertaken pursuant to this section or
other law, is not liable for the acts or omissions of another governmental unit participating in the
joint venture or joint enterprise, unless the participating governmental unit has agreed in writing
to be responsible for the acts or omissions of another participating governmental unit.
(b) For purposes of determining total liability for damages, the participating governmental
units and the joint board, if one is established, are considered a single governmental unit and the
total liability for the participating governmental units and the joint board, if established, shall not
exceed the limits on governmental liability for a single governmental unit as specified in section
3.736 or 466.04, subdivision 1, or as waived or extended by the joint board or all participating
governmental units under section 3.736, subdivision 8; 466.06; or 471.981. This paragraph does
not protect a governmental unit from liability for its own independent acts or omissions not
directly related to the joint activity.
(c) If a participating governmental unit has procured or extended insurance coverage pursuant
to section 3.736, subdivision 8; 466.06; or 471.981 in excess of the limits on governmental
liability under section 3.736 or 466.04, subdivision 1, covering participation in the joint venture
or joint enterprise, the procurement of that insurance constitutes a waiver of the limits of
governmental liability for that governmental unit to the extent that valid and collectable insurance
or self-insurance, including, where applicable, proceeds from the Minnesota Guarantee Fund,
exceeds those limits and covers that governmental unit's liability for the claim, if any.
    Subd. 2. Agreement to state purpose. Such agreement shall state the purpose of the
agreement or the power to be exercised and it shall provide for the method by which the purpose
sought shall be accomplished or the manner in which the power shall be exercised. When the
agreement provides for use of a joint board, the board shall be representative of the parties to the
agreement. A joint board that is formed for educational purposes may conduct public meetings
via interactive television if the board complies with chapter 13D in each location where board
members are present. Irrespective of the number, composition, terms, or qualifications of its
members, such board is deemed to comply with statutory or charter provisions for a board for the
exercise by any one of the parties of the power which is the subject of the agreement.
    Subd. 3. Disbursement of funds. The parties to such agreement may provide for
disbursements from public funds to carry out the purposes of the agreement. Funds may be paid
to and disbursed by such agency as may be agreed upon, but the method of disbursement shall
agree as far as practicable with the method provided by law for the disbursement of funds by the
parties to the agreement. Contracts let and purchases made under the agreement shall conform
to the requirements applicable to contracts and purchases of any one of the parties, as specified
in the agreement. Strict accountability of all funds and report of all receipts and disbursements
shall be provided for.
    Subd. 4. Termination of agreement. Such agreement may be continued for a definite term
or until rescinded or terminated in accordance with its terms.
    Subd. 5. Shall provide for distribution of property. Such agreement shall provide for the
disposition of any property acquired as the result of such joint or cooperative exercise of powers,
and the return of any surplus moneys in proportion to contributions of the several contracting
parties after the purpose of the agreement has been completed.
    Subd. 6. Residence requirement. Residence requirements for holding office in any
governmental unit shall not apply to any officer appointed to carry out any such agreement.
    Subd. 7. Not to affect other acts. This section does not dispense with procedural
requirements of any other act providing for the joint or cooperative exercise of any governmental
power.
    Subd. 8. Services performed by county, commonality of powers. Notwithstanding the
provisions of subdivision 1 requiring commonality of powers between parties to any agreement
the board of county commissioners of any county may by resolution enter into agreements with
any other governmental unit as defined in subdivision 1 to perform on behalf of that unit any
service or function which that unit would be authorized to provide for itself.
    Subd. 9. Exercise of power. For the purposes of the development, coordination, presentation
and evaluation of training programs for local government officials, governmental units may
exercise their powers under this section in conjunction with organizations representing
governmental units and local government officials.
    Subd. 10. Services performed by governmental units; commonality of powers.
Notwithstanding the provisions of subdivision 1 requiring commonality of powers between
parties to any agreement, the governing body of any governmental unit as defined in subdivision 1
may enter into agreements with any other governmental unit to perform on behalf of that unit any
service or function which the governmental unit providing the service or function is authorized
to provide for itself.
    Subd. 11. Joint powers board. (a) Two or more governmental units, through action of their
governing bodies, by adoption of a joint powers agreement that complies with the provisions of
subdivisions 1 to 5, may establish a joint board to issue bonds or obligations under any law by
which any of the governmental units establishing the joint board may independently issue bonds
or obligations and may use the proceeds of the bonds or obligations to carry out the purposes
of the law under which the bonds or obligations are issued. A joint board established under this
section may issue obligations and other forms of indebtedness only in accordance with express
authority granted by the action of the governing bodies of the governmental units that established
the joint board. Except as provided in paragraphs (b) and (c), the joint board established under this
subdivision must be composed solely of members of the governing bodies of the governmental
unit that established the joint board. A joint board established under this subdivision may not
pledge the full faith and credit or taxing power of any of the governmental units that established
the joint board. The obligations or other forms of indebtedness must be obligations of the joint
board issued on behalf of the governmental units creating the joint board. The obligations or other
forms of indebtedness must be issued in the same manner and subject to the same conditions and
limitations that would apply if the obligations were issued or indebtedness incurred by one of the
governmental units that established the joint board, provided that any reference to a governmental
unit in the statute, law, or charter provision authorizing the issuance of the bonds or the incurring
of the indebtedness is considered a reference to the joint board.
(b) Notwithstanding paragraph (a), one school district, one county, and one public health
entity, through action of their governing bodies, may establish a joint board to establish and
govern a family services collaborative under section 124D.23. The school district, county, and
public health entity may include other governmental entities at their discretion. The membership
of a board established under this paragraph, in addition to members of the governing bodies
of the participating governmental units, must include the representation required by section
124D.23, subdivision 1, paragraph (a), selected in accordance with section 124D.23, subdivision
1
, paragraph (c).
(c) Notwithstanding paragraph (a), counties, school districts, and mental health entities,
through action of their governing bodies, may establish a joint board to establish and govern a
children's mental health collaborative under sections 245.491 to 245.495, or a collaborative
established by the merger of a children's mental health collaborative and a family services
collaborative under section 124D.23. The county, school district, and mental health entities
may include other entities at their discretion. The membership of a board established under this
paragraph, in addition to members of the governing bodies of the participating governmental
units, must include the representation provided by section 245.493, subdivision 1.
    Subd. 12. Joint exercise of police power. In the event that an agreement authorizes the
exercise of peace officer or police powers by an officer appointed by one of the governmental
units within the jurisdiction of the other governmental unit, an officer acting pursuant to that
agreement has the full and complete authority of a peace officer as though appointed by both
governmental units and licensed by the state of Minnesota, provided that:
(1) the peace officer has successfully completed professionally recognized peace officer
preemployment education which the Minnesota Board of Peace Officer Standards and Training
has found comparable to Minnesota peace officer preemployment education; and
(2) the officer is duly licensed or certified by the peace officer licensing or certification
authority of the state in which the officer's appointing authority is located.
    Subd. 13. Joint powers board for housing. (a) For purposes of implementing a federal
court order or decree, two or more housing and redevelopment authorities, or public entities
exercising the public housing powers of housing and redevelopment authorities, may by adoption
of a joint powers agreement that complies with the provisions of subdivisions 1 to 5, establish
a joint board for the purpose of acquiring an interest in, rehabilitating, constructing, owning,
or managing low-rent public housing located in the metropolitan area, as defined in section
473.121, subdivision 2, and financed, in whole or in part, with federal financial assistance under
Section 5 of the United States Housing Act of 1937. The joint board established pursuant to
this subdivision shall:
(1) be composed of members designated by the governing bodies of the governmental units
which established such joint board and possess such representative and voting power provided by
the joint powers agreement;
(2) constitute a public body, corporate, and politic; and
(3) notwithstanding the provisions of subdivision 1, requiring commonality of powers
between parties to a joint powers agreement, and solely for the purpose of acquiring an interest in,
rehabilitating, constructing, owning, or managing federally financed low-rent public housing,
shall possess all of the powers and duties contained in sections 469.001 to 469.047 and, if at least
one participant is an economic development authority, sections 469.090 to 469.1081, except (i)
as may be otherwise limited by the terms of the joint powers agreement; and (ii) a joint board
shall not have the power to tax pursuant to section 469.033, subdivision 6, or 469.107, nor shall
it exercise the power of eminent domain. Every joint powers agreement establishing a joint
board shall specifically provide which and under what circumstances the powers granted herein
may be exercised by that joint board.
(b) If a housing and redevelopment authority exists in a city which intends to participate in
the creation of a joint board pursuant to paragraph (a), such housing and redevelopment authority
shall be the governmental unit which enters into the joint powers agreement unless it determines
not to do so, in which event the governmental entity which enters into the joint powers agreement
may be any public entity of that city which exercises the low-rent public housing powers of a
housing and redevelopment authority.
(c) A joint board shall not make any contract with the federal government for low-rent
public housing, unless the governing body or bodies creating the participating authority in whose
jurisdiction the housing is located has, by resolution, approved the provision of that low-rent
public housing.
(d) This subdivision does not apply to any housing and redevelopment authority, or public
entity exercising the powers of a housing and redevelopment authority, within the jurisdiction of
a county housing and redevelopment authority which is actively carrying out a public housing
program under Section 5 of the United States Housing Act of 1937. For purposes of this
paragraph, a county housing and redevelopment authority is considered to be actively carrying out
a public housing program under Section 5 of the United States Housing Act of 1937, if it (1) owns
200 or more public housing units constructed under Section 5 of the United States Housing Act of
1937, and (2) has applied for public housing development funds under Section 5 of the United
States Housing Act of 1937, during the three years immediately preceding January 1, 1996.
(e) For purposes of sections 469.001 to 469.047, "city" means the city in which the housing
units with respect to which the joint board was created are located and "governing body" or
"governing body creating the authority" means the council of such city.
History: 1943 c 557; 1949 c 448 s 1-3; 1961 c 662 s 1,2; 1965 c 744 s 1-3; 1973 c 123 art 5
s 7; 1973 c 541 s 1; 1975 c 134 s 1,2; 1980 c 532 s 2; 1982 c 507 s 27; 1983 c 342 art 8 s 15;
1984 c 495 s 1; 1986 c 465 art 2 s 15; 1990 c 572 s 14; 1991 c 44 s 3; 1996 c 412 art 3 s 35; 1996
c 464 art 1 s 1; 1996 c 471 art 3 s 39; 1997 c 203 art 5 s 24; 1998 c 397 art 11 s 3; 1999 c 214 art
2 s 17; 2001 c 7 s 78; 1Sp2003 c 14 art 7 s 83; art 11 s 11; 2005 c 9 s 2; 2006 c 232 s 3

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