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5.9. SR 01-07-2019
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5.9. SR 01-07-2019
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1/3/2019 3:22:52 PM
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1/7/2019
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JOINT POWERS AGREEMENT <br /> ESTABLISHING THE PROSECUTORIAL AUTHORITY OF THE <br /> ELK RIVER CITY ATTORNEY'S OFFICE <br /> THIS AGREEMENT, entered into by and between Sherburne County, hereinafter <br /> "County" and the City of Elk River, hereinafter "City", both parties being governmental <br /> and political subdivisions of the State of Minnesota. <br /> WHEREAS, the parties to this Agreement are responsible for the enforcement of state <br /> law in their respective jurisdictions; and <br /> WHEREAS, the parties desire to define which violations of state law will be prosecuted <br /> by the City Attorney's Office; and <br /> WHEREAS, the purpose of this Joint Powers Agreement is to establish the <br /> prosecutorial authority of each party for violations of state and local law occurring within <br /> the limits of City; <br /> NOW, THEREFORE, County and City, pursuant to the authority contained in Minn. Stat. <br /> §471.59, commonly known as the Joint Powers Act, in order to accomplish the <br /> foregoing purposes, agree as follows- <br /> 1. <br /> ollows:1. Prosecutorial Authority of City and County Attorney <br /> The City Attorney's Office will prosecute violations of state law that are petty <br /> misdemeanors, misdemeanors, or gross misdemeanors, except as provided in Minn. <br /> Stat. §388.051, subd. 2(c) and (d) that are alleged to have occurred in the City of Elk <br /> River with one exception: <br /> The Sherburne County Attorney's Office shall be fully responsible for the <br /> prosecution of all offenses by inmates occurring within the Sherburne County <br /> Sheriff's Jail Facility. <br /> The City Attorney's Office will prosecute all violations of City Ordinances/Codes. <br /> 2. Term of Agreement <br /> The term of this Agreement shall be from January 1, 2019 to December 31, <br /> 20227 regardless of the date of signatures hereunder, unless earlier terminated by law <br /> or according to the provisions herein. <br /> 1 <br />
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