DEPARTMENT: Environmental Resources
FILE TYPE: Consent Action
TITLE
title
Authorization To Execute First Amendment To Joint Powers Agreements With Townships And Cities For Septic System Maintenance Programs
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PURPOSE/ACTION REQUESTED
Amend existing joint powers agreements (JPAs) between Dakota County and participating municipalities for providing Septic Maintenance Program administrative services to extend the JPA term by ten years, and to modify the required records provided upon termination.
SUMMARY
In 2016, the County entered into JPAs with 13 separate cities and townships to perform administrative services for each municipality’s septic pumping program.
The municipalities include:
Townships: Cities:
Castle Rock Coates
Douglas Empire
Eureka Hampton
Greenvale Miesville
Hampton
Marshan
Nininger
Ravenna
Sciota
Under the JPAs the County maintains a database of properties with septic systems within each municipality, sends reminders to the property owners to pump their system every three years, and maintains records of pumping compliance and other system details. The original purpose of the JPAs was to create and maintain a centralized repository of septic system records, and to provide assistance to municipalities to ensure the timely maintenance of septic systems to protect groundwater, surface water, and public health. The County’s responsibilities are limited to maintaining records and providing notices to property owners. The municipalities are responsible for any necessary ordinance enforcement. The municipalities pay an annual fee to the County, established through the County’s annual fee schedule, for these administrative services.
The 2016 JPAs had an initial term of ten years, and each JPA expires on December 31, 2025. The agreements specify that the initial term may be extended for an additional ten years with approval of the parties’ governing bodies. Staff is also recommending an additional update to the JPA termination language. The current JPAs require the County to provide copies of its Pump Maintenance Program software to the municipalities upon termination. The updated JPA language will allow the County to provide copies of the records it maintains for the municipality rather than its program software.
RECOMMENDATION
recommendation
Staff recommends authorization to execute amendments to the JPAs between Dakota County and participating municipalities for their Septic System Maintenance Programs.
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EXPLANATION OF FISCAL/FTE IMPACTS
The participating cities and townships pay an annual Pump Maintenance Program Fee, as established in the County’s annual fee schedule, to cover staff costs and other costs relating to the administrative services. Cities and townships pay the program fee based on the number of septic systems within their jurisdiction. These fees are included in the County Manager’s 2026 Recommended Budget in the Environmental Legacy Fund (ELF).
☐ None ☐ Current budget ☒ Other
☐ Amendment Requested ☐ New FTE(s) requested
RESOLUTION
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WHEREAS, In 2016, the County entered into joint powers agreements (JPAs) with 13 separate cities and townships to perform administrative services for each municipality’s septic pumping program.
The municipalities include:
Townships: Cities:
Castle Rock Coates
Douglas Empire
Eureka Hampton
Greenvale Miesville
Hampton
Marshan
Nininger
Ravenna
Sciota
; and
WHEREAS, the JPAs provide that the County will maintain a database of properties with septic systems within each Municipality, send required reminders to the property owners to pump their septic systems every three years, and maintain records of pumping compliance; and
WHEREAS, the initial term of each JPA was for ten years and the agreements will expire on December 31, 2025; and
WHEREAS, the JPAs provide that the parties may extend the initial term for another ten years with the approval of the parties’ respective governing bodies; and
WHEREAS, the parties desire to extend each JPA for an additional ten-year term, so that the County may continue to provide record-keeping and other administrative services for each Municipality; and
WHEREAS, the parties further desire to update the JPA terms, including by modifying the method by which the County will provide records to each Municipality upon expiration or termination of each JPA; and
WHEREAS, the Municipalities will continue to reimburse the County for its costs in providing the administrative services by paying the Pump Maintenance Program Fee established in the County’s fee schedule.
NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the Environmental Resources Director to execute amendments to the joint powers agreements (JPAs) with each of the Municipalities listed below, extending the terms of the JPAs through December 31, 2035 and providing updates to the JPAs, including by modifying the method by which the County will provide records to each participating municipality upon expiration or termination of each JPA, subject to approval of the County Attorney’s Office as to form.
Townships: Cities:
Castle Rock Coates
Douglas Empire
Eureka Hampton
Greenvale Miesville
Hampton
Marshan
Nininger
Ravenna
Sciota
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PREVIOUS BOARD ACTION
16-075; 02/02/16
ATTACHMENTS
Attachment: Sample JPA Draft
BOARD GOALS
☐ Thriving People ☒ A Healthy Environment with Quality Natural Resources
☐ A Successful Place for Business and Jobs ☐ Excellence in Public Service
CONTACT
Department Head: Nikki Stewart
Author: Benjamin Hoyt