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b. Expiration/ Reauthorization Of Joint Powers Entity - Article III, Term <br /> i. Please consider using a twilight date by which the joint powers entity will expire <br /> unless reauthorized. The expiration date could be set out five, ten or twenty - <br /> years. The reason to consider an expiration date is not to close the entity but to <br /> require the member Cities and Fire Departments to reexamine their needs on a <br /> periodic basis. Periodic review could be a helpful means to ease the growing <br /> pains sometimes associated with this type of entity. As the population of Cities <br /> change, the needs of communities shift, or as other unforeseen circumstances <br /> arise, using a long -term expiration date mandates periodic review of the <br /> operation of the entity and the needs of its member Cities. <br /> c. Best Practices when drafting a Joint Power Agreement <br /> i. Purpose of the 1PA. Generally, it is a best practice to define the scope of a joint <br /> powers entity to a specific purpose or scope of purpose. Article II, Purpose is a <br /> broad statement which could allow the scope of this new joint powers entity to <br /> grow well beyond its initial purpose. Two considerations: There is a political <br /> consideration here because creation of this entity includes a delegation of <br /> responsibilities entrusted to elected officials and City Councils. Careful <br /> consideration should be given before constructing a joint powers entity with an <br /> open -ended purpose. Also, an undefined scope could lead to legal liability of <br /> both the joint powers entity and individual member Cities. One of the benefits <br /> of a joint powers entity is to insulate the individual member Cities for the <br /> actions of the joint powers entity. Using a specifically stated purpose helps to <br /> draw the boundaries for potential legal liability. <br /> Likewise, Article IV, Delegation of Authority, delegates sweeping authorities to <br /> the joint powers entity normally the responsibility of only a City or a City <br /> Council. Careful consideration should be given to the reason why a City may <br /> wish to delegate "all authority necessary and convenient" to accomplish the <br /> goals of the entity. Cities and /or City Councils may wish to reserve some manner <br /> of authority. For example, Cities could reserve decisions about large capital <br /> expenditures for City Council review. However, some of these types of operating <br /> restrictions could also be defined in the entity's Bylaws. <br /> ii. Bylaws. The Bylaws of a joint powers entity are as important as the joint powers <br /> agreement. No Bylaws were attached to the proposed JPA sent for review. <br /> Please consider adopting Bylaws that are very similar to the Bylaws of the Joint <br /> Law Enforcement Council. Having similar governance structures will make it <br /> easier for City staff and elected officials to learn the rules and operations of the <br /> various joint powers entities that they must manage and track. <br /> 2 <br /> 79 <br />