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02-52Council File # �.1 � Se�.
' ` Green Sheet # 111491
� R � � ; ; .; s°'< a.� RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Presented By
Referred To
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ttee: Date
WHEREAS, the City of Saint Paul is a Member of the Lower Mississippi River Watershed
Management Organization through a joint powers agreement which expires on January 1, 2002;
and
WHEREAS, the Members of the Lower Mississippi River Watershed Management Organization
are the cities of Inver Grove Heights, Lilydale, Mendota Heights, Saint Paul, South St. Paul,
Sunfish Lake and West St. Paul; and
WHEREAS, the purpose of the Lower Mississippi River Watershed Management Organization is
to protect and enhance water quality resources within the watershed.
Now, therefore, be it RESOLVED, that the proper City officials are authorized to execute, on behalf
of the City of Saint Paul, the "Revised and Restated Joint Powers Agreement Establishing a
Watershed Management Organization for the Lower Mississippi River Watershed."
Adopted by Council: Date a a
Adoption Certified by Council Secretary
By:
Appr
By:
Requested by Department of:
Public Works
By: /
Form ApprOVed by City Attorney
� -5 a ti
DEPARTMEM/OFFICE/CAUNCIL DATE INITIATED
Public Works i�aoioi G E SHEET No. �� �4�.
� �A'� INITIAVDATE
PfrACTPER$ON&PFqNE I� OR �qry�pVNCIL
e We ei 266-6245 NUMBEFiPofl �O ❑GTVC�rix
MUST BE ON COUNQL AGENDA eY (DAT� {7p�ry�
�� �BUIX'aEfDIRECTOR ❑FlNANCEACCOUMING
� MAYOR (OR ASSISTANi) �
ALSOFSIGNATUREPAGES ` IC4P/LLLLOCATK1fJ5FORSIGNATUfl� uDIVISIIXJ I uDFPT.ACCOUM !.Z Z� /
GR10N RC-�UESTED
pprove the attached resolurion authorizing the proper City officials to execute the "Revised and Restated Joint
owers Agreement Establishing a Watershed Management Organization for the Lower Mississippi River
atershed."
RECOMMENDA710N5: /lppewe (A) or Reject (F� PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESiIONS:
PLANNIN6COMMISSION GVILSEflVIGECOMMISSION 7. Hasthisperson/firtnevervrorkeduntleracontrac[forthistleparhnent?
! YES NO
_CIBCOMMITTEE _ 2. H3Sikl15pefSONfirtlleve[bE2f12CItyEmPl�yZC?
g�.� _ YES NO
3. Does fhis persoMfirtn possess a skill no[ nortnally possessetl by arry cunent ary
OISTAICTGOUNCIL _ EffIPIOyEZ?
SUPPORTSWHICHCOUNCILOBJECTIVE� YES NO
Explain all yes answe�s on separete sheM and aitach to green sheet
INITIATING PROBLEM, ISSUE,OPPORTUNITY(WHO, WHAT, WHEN, WHERE, WHY)�
The azea of St. Paul south of the Mississippi River falls within the I.ower Mississippi River Watershed. The City
of Saint Paul has been a Member of the I.ower Mississippi River Watershed Management Organization since
1985. The original joint powers agreement expires on January 1, 2002. The attached revised agreement is
effective until 7anuary 1, 2012. St. Paul's annual dues are estimated to be $5,500. This amount fluctuates
depending on the activities of the WMO and is based on a formula found in the agreement.
ADVAMAGES IF APPROVED.
The Lower Mississippi River WMO will reznain in existence and the City of St. Paul will remain a Member.
��V�e V L�1�
01SADVAMAGES IF APPFOVED: �
None
CI�� A�T��NE�
" �� �� �E'il�'��
eJ�B'd � � ��UL
DISADVANTAGESIFNOTAPPROVED
A watershed district would need to be formed or Dakota County would take over the water management
responsibility for the cifies within Dakota County. If Dakota County assumed this responsibility, St. Paul's area
would then need to be placed into an eicisting watershed district.
OTALAMOUNTOFTFiANSACTION$ $S.SOOannuallv COST/REVENUEBUDGEfED(CIRCLEONE) YES No
FUNDING SOURCE Sewer Service Fund 260 ACTNITY NUMBER 260-22225-0219
FINANCIAL INFORMATION� (EXPIAIN)
O
t_ ':
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REVISED AND RESTATED
JOINT POWERS AGREEMENT
ESTABLISHING A WATERSHED MANAGEMENT ORGANIZATION
' FOR 7HE LOWER MISSISSIPPI RIVER WATERSHED
THE PARTIES TO THIS AGREEMENT ("AgreemenY') are Members ofthe
Lower Mississippi River Watershed Management Organization and have land that drain
surface water into the Mississippi River. This Agreement amends and restates the original
Joint Powers Agreement beiween the Members which became effective in 1985 and
includes ali prior Amendments to the 1985 Joint Powers Agreement. This Agreement is
made pursuant to the authority conferred upon the parties by Minn. Stat. §§ 471.59 and
1036.201 - 1038.252.
SECTION 1. NAME AND LEGAL BOUNDARY. The parties hereby estabiish the
Lower Mississippi River Watershed Management Organization, hereinafter referred to as
the "WMO." The "Legal Boundary Map of the Lawer Mississippi River Watershed
Management Organizat+on" is attached hereto as Exhibit A.
SECTION 2. PURPOSE. The purpose of this Agreement is to provide an
organization to regulate the naturai water storage and retention of the Lower Mississippi
watershed to:
A. Protect, preserve, and use natural surFace and ground water storage
and retention systems;
B. Minimize public capitai expenditures needed to correct flooding and
water qual'�ty problems;
C. Identify and plan for means to effectively protect and improve surface
and ground water quality;
D. Establish more uniform local policies and official controls for surface
and ground water management;
E. Prevent erosion of soil into surface water systems;
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F. Promote ground water recharge;
G. Protect and enhance fish and wild4ife habitat and water recreational
facil'�ties;
�" H. Secure the other benefits associated with the proper management of
surface and ground water; and
i. Carry out all the duties and responsibilities in Minn.
Stat. §§ 471.59 and 103B.201 -103B.252.
SECTION 3. DEFINITIONS. _
Subdivision 1. "Allowable Flow" means the rate and volume of flow,
according the to design criteria set forth in the Watershed Management Plan, at which a
Member community may discharge into the drainage system without financial obligation
and as the rate and volume of surFace water runoff from a tributary area under natural
conditions, with a drainage system in place which has been designed and constructed
according to the criteria stated herein, exciuding diverted waters. Currenttopographic
data that exists on the enactment date of this Agreement shali be used for the
determination of the natural conditions and calculation of the ailowable flow.
Subdivision 2. "Board" means the board of managers ofthe WMO.
Subdivision 3. "Council" means the governing body of a governmental unit
� which is a Member of this WMO.
Subdivision 4. "Drainage Facilifies" means any improvement constructed
for the conveyance or storage of surface water.
Subdivision 5. "Drainage System" means the combination of drainage
facilities required to safely controi or convey runoff water from a major tributary drainage
area(s) to a point of final discharge into a water body.
]PARevised and RestatedLowd' Mississippi WMO.DOC 'L
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Subdivision 6. "Excessive Flow" means that rate and volume of flow,
cafculated according to tfie design criteria in the Watershed Management Plan, from a
Member which is in excess of the allowabie flow of that Member.
Subdivision 7. "Govemmenfa! UniY' means any city.
Subdivision 8. "LowerMississippi RiverWatershed"or "Watershed"means
the area contained within the "Legal Boundary Map of the Lower Mississippi River Water
Management Organization" attached hereto as Exhibit "A".
Subdivision 9, "Manager" means the representative appointed to the
Board by a Member.
�Subdivision 10. "Member" means a govemmental unit which enters into
this Agreement.
Subdivision 11. "Natura( Conditions" means the characteristics of the land
on the date of enactment without regard to any urban development including structures,
parking lots, or other artificial improvements.
Subdivision 12. "Rate of Flow" means the discharge of surface water
runoff as a function of time which has been ca{culated according to the design csiteria
'�,; identified in the Watershed Management Plan. The rate of flow shall apply to the design
and construction of open channels and storm sewer conduits.
Subdivision 13. "Volume of Flow" means the total discharge of all surface
water runoff which has been calculated according to the design criteria identified in the
Watershed Management Plan. The volume of runoff flow shall apply to the design and
construction of detention facilities.
IPARevised and RestaudLowa Mississippi WMO.DOC
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Subdivision 14. "Watershed Management Organization" or "WMO" means
the organization created by this Agreement the full name of which is "Lower Mississippi
River Watershed Management Organization." It shaii be a public agency of its Members.
SECTION 4. MEMBERSHIP. The Membership of the WMO shall consist of the
following govemmental units, each entitied to the foliowing eligible votes:
Member
City of Inver Grove Heights
City of Lilydale
City of Mendota Heights
City of Saint Paul
City of South Saint Paui
City of Sunfish Lake
City of West Saint Paul
Votes
3 votes
1 vote
2 votes
2 votes
2 votes
1 vote
2 votes
No change in govemmental boundaries, structure, organizational status, or
character shall affect the eligibility of any govemmental unit listed above to be represented
on the WMO, so long as such govemmental unit continues to exist as a separate political
subdivision. A majority of all eligible votes shall be sufficient for all matters, unless
otherwise provided for in this Agreement. A majority vote of all Members, with each
Member having one vote, shall be required for Section 7. A Member may not cast a split
vote. Any Member that fails to contribute their share of the WMO annuat administration
fund or their allocation of a capital improvement cost, shali be declared ineligible for voting
on all matters before the Board, until such contribution is made to the WMO.
SECTION 5. ADVISORY COMMITTEES.
Subdivision 1. Technicai AdvisoN Committee. The foilowing goverrimental
subdivisions or agencies shall be requested to appoint a non-voting advisory Member to
the WMO: Dakota County, Ramsey County, Dakota Gounty Soil and Water Conservafion
District. The advisory Members shall not be required to contribute funds for the operation
}ppRevised and RestatedLovrer Mississippi WMO.DOC tl,
11/19/2001
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of the WMO, except as provided in Minn. Stat. § 103B.251, but may provide technicaf
services.
' Subdivision 2. Citizen AdvisoN Committee. The WMO may establish a
cifizen advisory committee ("CAC") from the public at large to provide input on Watershed
Management Plan revisions and other matters as deemed appropriate. The CAC shalt be
appointed by the WMO considering individuals nominated by each Member. The WMO
wiil notify each Member of its intent to establish a CAC, will specify the purpose and
duration of the CAC, and wiil request each Member to nominate candidates to be
considered for appointment by the WMO. At the time of establishment of a CAC, the
WMO will appoint a chair of the CAC, a board member liaison to the CAC, establish a time
for submittal of any comments, and specify the support the WMO wili provide to the CAC.
SECTION 6. BOARD OF MANAGERS.
Subdivision 1. Appointment. The goveming body of the WMO shall be its
Board. Each Member shali be entitied to appoint one Manager and an altemate on the
Board. The alternate shall have the right to vote in the absence of their representative.
Vacancies in the o�ce of Manager shall be filled for the remainder of the term by the
Member which appointed or had the right to appoint the Manager. All vacancies shalf be
filled within ninety (90) days after they occur.
Subdivision 2. Eligibility or Qualification. The Council of each Member
shall determine the eligibility or qualification of its representative on the WMO.
Subdivision 3. Term. The Managers shal4 not have a fixed term, but shall
serve at the pleasure of the Member appointing such Manager to the Board.
7PARevisedandRestatedluwerMississippiWMO.DOC �j
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Subdivision 4. Removal. A Manager may not be removeci from the Soard
prior to the expiration of his or her term, unless the Manager consents in writing or unless
removed in accordance with the procedures provided under Minnesota Rules 8410.0040.
Subdivision 5. Compensafion. Managers shaii serve without
compensation from the WMO, but this shall not prevent a Membes from providing
compensation for its Manager.
Subdivision 6. Organizational Meeting. At the first meeting of the Board
each year, the Board shall elect from its Managers a chair, a vice chair, a
secretary/treasurer, and such other o�cess as it deems necessary to conduct its meetings
and affairs. The Board shall adopt rules of order and procedure goveming its meetings
and affairs. The rules of order and procedure may be amended from time to time at either
a regular or a special meeting of the Board provided that at feast ten (10) days' prior notice
of the proposed amendment has been furnished to each person to whom notice of the
Board meetings is required to be sent. A majority vote of all eligible votes of the Members
of the WMO shall be sufficient to adopt any proposed amendment to such rules of order
and procedure.
:,
Subdivision 7. Annual Meeting Requirement. The Board shall meet at
least annually, at times and places selected by the Board. If the Board changes its
regulariy established meefing place or time, it shall piace a nofice of the change on a
bulietin board at least three (3) days in advance +n the building where it was scheduled to
meet.
Subdivision 8. Committees. The Board may establish committees as it
deems appropriate.
,TPARevised and RestatedLowa Mississippi R'MO.DOC 6
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Subdivision 9. Quorum. The Board shali not take any action without a
quorum present. A quorum shall be at least four Members.
SEC'ftON 7. POWERS AND DUTIES OF THE WMO. The WMO, acting by its
:.. .
Subdivision 1. Shall prepare, adopt and implement a Watershed
Management Plan meeting the requirements of Minn. Stat. § 103B.231;
Subdivision 2. Shall review and approve local water management plans as
provided in Minn. Stat. § 103B.235;
Subdivision 3. Shall exercise the authority of a watershed district under
Minn. S4at. Chapter 103D to regulate the use and development of land in the
watershed when one or more of the following conditions exist:
A. The local govemment unit exercising planning and zoning
authority over the fand under Minn. Stat. §§ 366.10 to 366.19, 394.21 to
394.37, or 462.351 to 462.364 does not have a local water management
plan approved and adopted in accordance with requirements of Minn. Stat. §
103B235 or has not adopted the implementation program described in the
plan.
B. An application to the {ocal govemment unit for a permit for the
use and development of land, requires an amendment to, or variance from,
the adopted local water management plan or implementation program of the
focai unit.
. C. The local govemment unit has authorized the WMO to require
permits for the use and development of land.
Subdivision 4. Shail adopt an annual work plan.
Subdivision 5. May employ such persons as it deems necessary to
accomplish its duties and powers.
Subdivision 6. May contract for space and for material and suppiies to
carry on its activities either with a Member or elsewhere.
Subdivision 7. May acquire necessary personal and real propetty to carry
out its powers and its duties.
JPARevised and RestatedLnwerMississippi WMO.DOC 7
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ps_57--
Subdivision 8. May make necessary surveys or use other reliable surveys
and data, and develop projects to accomplish fhe purposes for which the WMO is
organized.
Subdivision 9. May cooperate or contract with the State of Minnesota or
any subdivision thereof or federal agency or private or public organization to accomplish
the purposes for which it is organized.
Subdivision 10. May order any governmental unit to carry ouf the local
water management plan which has been approved by the Board. If the local unit of
govemment fails to do so, in addition to other remedies, in its discrefion, the Board may
impiement any required action or improvement in accordance with this Agreement.
Subdivision 11. May acquire, operate, construct, and maintain the capital
improvements delineated in the Watershed Management Plan adopted by the Board.
Subdivision 12. May contract for or purchase such insurance as the Board
deems necessary for the protection of the WMO and its Board.
Subdivision 13. May establish and maintain devices for acquiring and
recording hydrological and water quality data within the watershed area of the WMO.
�� Subdivision 14. May enter upon lands within or without the watershed to
make surveys and investigations to accomplish the purposes of the WMO.
Suhdivision 15. May provide any Member with technicai data or any ofher
information of which the WMO has knowledge which will assist the Member in preparing
land use classifications or local water management plans within the watershed.
Subdivision 16. May provide legal and technical assistance in connection
with litigation or other proceedings between one or more of its Members and any other
political subdivision, commission, board, corporation, individual, or agency refating to the
JpARevised and ReslaudLower Mississippi WMO.DOC $
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planning or construction of facilities fo drain or pond s4orm waters or relafing to water
quality within the WMO.
� Subdivision 17. May accumulate reserve funds for the purposes herein
menfioned and may invesf funds of the WMO not currenfly needed for its operations.
Subdivision 18. May coliect money, in accordance with the provisions of
this Agreement, from its Members and from any other source approved by the Board.
Subdivision 19. May make contracts, incur expenses, and make
expenditures necessary and i�cidentai to the effectuation of its purposes and powers.
Subdivision 20. Shall cause to be made an annual audit of the books and
accounts of the WMO and shall make and file a report to its Members at least once each
year including the foliowing information:
A. The financiai condition of the WMO;
B. The status af a41 WMO pro}ects and work within the watershed; and
C. The business transacted by the WMO and other matters which affect
the interests of the WMO. Copies of the report shall be transmitted to the clerk of
each Member by March 31 of each year.
Subdivision 21. Shall make the WMO's books, reports, and records
available for and open to inspection by its Members or the public at ail reasonable times.
Subdivision 22. May recommend changes in this Agreement to its
Members. Any amendments shaii require ratification by ail the parties to this Agreement.
Subdivision 23. May exercise ali other powers necessary and incidentai to
the implementation of the purposes and powers set forth herein and as authorized by
Minn. Stat. §§ 103B.201 through 103B.252.
Subdivision 24. Must soficit proposa4s for all legal, engineering, auditing,
and other technical services in accordance with Minnesota Statutes § 1036.227, subd. 5.
IPARevised and RestatedLower Mississippi WMO.DOC 9
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Subdivision 25. Shall coordinate its planning activifies with contiguous
Subdivision 26. Shall designate one or more legal newspapers of general
SEGTION 8. POWERS AND DUTIES OF THE OFFICERS OF THE BOARD.
Subdivision 1. It shail be the duty of the Chair of the Board to:
watershed management organizations and counties conducfing water pianning and
implementation under Minn. Stat. Chapter 1036.
circulation which are published in the county(ies) in which the watershed is locafed.
A.
B.
plan;
C.
D. Sign and execute documents as may be required for the Board's
exercise of its powers, except as othenvise required by law; and
E. Perform such other duties applicable to the office as are necessary to
fulfill the powers and duties of the Board as set forth in this Agreement, and as provided by
law.
Attend and preside at all meetings of the Board;
Assist in the preparafion of ineeting agendas and the annual work
See that orders and resolutions of the Board are carried into effect;
Subdivision 2. It shall be the duty of the Vice Chair of the Board to:
�
f:�
to:
A. Keep and post a true and accurate record of the proceedings of all
meetings of the Board;
Perform other duties as assigned from time to time by the Board.
Subdivision 3. It shall be the duty of the Secretary/Treasurer of the Board
Perform the duties of the Chair in the Chair's absence; and
Keep a record of all amendments, alterations and additions to this
Prepare and process all correspondence;
Prepare and file ail reports and statements as required by law and
7pARevised and RestaudLower Mississippi WMO.DOC '� �
11/19YL001
B.
Agreement;
C.
D.
this Agreement;
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E. Keep ail financial accounts of the WMO, and prepare and present to
the Board full and detailed financial sfatements of the WMO prior to its annual meeting;
and
� F. Perform other duties as assigned from time to fime by the Board.
SECTION 9. CONSTRUCTION OF IMPROVEMENTS.
Subdivision 1. Ali consfruction, reconstruction, extension or maintenance
of WMO improvements, including outlets, lift stations, dams, reservoirs, or appurtenances
of a surface water or storm sewer system ordered by the WMO which involve potential
construction by or assessment against any Member or against privately or pub{icly owned
{and w+thin the watershed shall adhere to the foilowing procedures set forth in this section.
The Board shall secure from its engineers or some other competent person a preliminary
report advising it whether the proposed improvement is feasible, whether there are
feasible alternatives, whetherthe proposed improvement shall best be made as proposed
or in conjunction with some other improvement, a determination ofi the quantity and/or
quality of storm and surface water contributed to the improvement by each Member, the
estimated cost of the improvement(s), inciuding maintenance, the estimated cost to each
Member, and evaluating the consistency of the improvement with the Watershed
_ Management Plan capital improvement section. The Board shail then hoid a public
hearing on the proposed improvement. Nofice of the hearing shall be mailed to the clerk
of each affected Member and shall aiso be published in the Soard's officia{ newspaper(s).
The r+otice shall be mailed not less than forty-five (4_5) days before the hearing, shali state
the time and piace of the hearing, the general nature of the impravement, the estimated
fotal cost, and the estimated cost to each Member.
To order the improvement, a resolution setfing forth the order shaii require a
favorable majority vote of ail eligible votes of the Members of the WMO. The order shall
JPARevised and RestatedLowerMississippi Wb10.DOC 11
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describe the improvement, shall allocate in percentages the cost allocation among the
Members, shall determine the method of financing, shall designate the engineers to
prepare plans and specfications, and shaii designate the entity that witf contract for the
improvement. The Board shall not order and no engineer shall prepare plans and
specfication before the Board has adopted a resolution ordering the improvemenf. After
the Board has ordered an improvement, it shall forward the preliminary report to all
affected Members with an estimated time schedule for the construction of the
improvement.
The Board shall allow not less than 90 days, nor more than 270 days, for each
Member to conduct hearings as provided by law or applicable charter requirements, to
approve the construction and the metfiod of financing of the improvement which the
Member wili use to pay its proportionate share of the costs of the improvement.
If the WMO proposes to use Dakota County's and/or Ramsey County's bonding
authority, or if the WMO proposes to certify all or any part of an improvement to Dakota
and/or Ramsey County for payment, then and in that event all proceedings shali be carried
out in accordance with Minn. Stat. § 1036.251.
The Board may order advertising for bids upon receipt of notice from each Member
which will be assessed that it has completed its hearing or determined its method of
payment, or upon expiration of 270 days aftes the mailing of the preliminary report to the
Members, whichever occurs first.
Subdivision 2. Any Member aggrieved by the determination of the Board
as to the financing of an improvement or allocation of the costs of an improvement shall
have thirty (30) days after the WMO resolution ordering the improvement to appeal the
determination to arbitration. The appeal shall be in writing requesting the arbitration and
JPARevised and RestatedLower Mississippi WMO.DOC '� `Z
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shall be addressed to the Board in c% City of South St. Paul, 125 3`� Ave. N., Soufh St.
Paul, MN 55075. The determination of the Member's appeai shali be referred to a Board
of ArUitration. The Board of Arbitration sha{I consist of three (3) persons: one to be
appointed by the Board, one to be appointed by the appealing Member, and the third to be
appointed by the two so selected. In the event the two persons so selected do not appoint
the third person within fifteen (15) days after their appointment, then the chief judge of the
Districf Court of Dakota County shall have jurisdiction to appoint, upon application of either
or both of the two earlier selected, the third person to the Board of Arbitration. The third
person sefected shall not be a resident of any Member and if appointed by the chief judge,
shali be a person knowledgeable in the subject matter of the dispute. The arbitrators'
expenses and fees, together with the other expenses, not including counsei fees, incurred
in the conduct of the arbitration shall be divided equaliy between the WMO and the
appealing Member. Arbitration shall be conducted in accordance with the Unifiorm
Arbitration Act, Minn. Stat. Chapter 572. Arbitration must be completed within the 270 day
period provided for in Subdivision 1 of this Section.
Subdivision 3. Contracts for Improvements. The bidding and contracting
�� of the work may be let by any Member or by the WMO as determined by the Board, in
� compliance with state statutes. Contracts and bidding procedures shall comply with all
legal requirements.
Subdivision 4. Supervision. Ali improvement contracts shali be supervised
by the entity awarding the contract. A WMO representafive shall also be authorized to
observe and review the work in progress and the Members agree to cooperate with the
WMO representative in accomplishing the WMO's purposes. Representafives ofthe WMO
shall have the right to enter upon the place or places where the improvement work is in
7PARevisedandRestatedLowerMississippiWMO.DOC 13
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progress for the puspose of making reasonabte tests and inspections. The WMO
representative shall report to the Board on the progress of fhe work.
Subdivision 5. Land Acquisifion. The WMO shall not have the power of
eminent domair+. All easements or interest in land which are necessary for an
improvement will be negotiated or condemned in accordance with Minn. Stat. Chapter 117
by the Member where the land is located, and each Member agrees to acquire the
necessary easeme�t or right-of-way or partiaf or complete interest in land upon order of
the Board to accomplish the purposes of this Agreement. Ali reasonabie costs of the
acquisition, including attomey's and appraiser's fees, shall be a cost of the improvement,
and shall be allocated according to the formula for allocating Capital Improvement cost in
Section 10, Subdivision 7. If a Member determines it is in its best interests to acquire
additional rights in lands for some other purposes, in conjunction with the taking of lands
for the improvement, the costs of the acquisition of additional rights in lands will not be
included in the improvement costs. The Board, in determining the amount of the
improvement costs to be assessed to each Member, may take into consideration the land
use for which the additional lands are being acquired and may credit the acquiring
Member for the land acquisition to the extent that it benefits the other Members. Any
credits may be applied to cost allocation of the improvement, or the Board, if feasible
and necessary, may defer the credits to a future improvement.
Members may not condemn or negotiate for land acquisition to pond or drain storm
and surFace waters within the corporate boundaries of another Member within the WMO.
.TPARevised and RestatedLower Mississippi WMO.DOC 14
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SECTION 10. FINANCES.
Subdivision 1. Disbursements. The WMO funds may be expended by the
Board in accordance with this Agreement in a manner determined by the Board. The
Board shall designate one or more national or state bank or trust companies authorized to
receive deposits of public monies to act as depositories forthe WMO funds. in no event
shall there be a disbursement of WMO funds without approvat by the Board and the
signature of at least two (2) Board Members, one of whom shall be an officer. 7he Board
may require the secretary/treasurer to file with fhe Board a bond in the sum of at least
$10,000 or such higher amount as shali be determined by the Board. The WMO shall Qay
the premium on said bond.
Subdivision 2. Budpet. On or before July 1 of each year, the Board shali
adopt a general fund budget ("Budget") by a majority vote of all Members (with each
Member having one vote) for the ensuing year and decide upon the total amount
necessary for the generai fund. The secretary/treasurer of the Board shall certify the
Budget to the clerk of each Member, together with a statement of the proportion of the
Budget to be provided by each Member, computed in accordance with Section 10,
Subdivision 5. The council of each Member shall review the Budget, and the Soard sha11
upon notice from any Member received prior to August 1, hear objections to the Budget,
and may, upon nofice to all Members of the time, date, place of and right to participate in
the hearing and after a hearing, modify or amend the Budget, and then give notice to fhe
Members of any and all modifications or amendments. Each Member agrees to provide
the funds required by the Budget by February 15"' of each year.
ff a Member fails to provide its share of the funds required by the Budget by
February 15 of each year, the unpaid balance of the funds shall accrue interest at a rate of
JPAltevised and RestatedLower Mississippi R'MO.DOC 15
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eight percent {8%) per annum commencing the day following February 15"' of the year in
which tf�e funds were due. The WMO may take whatever action, at law or in equity it
deems appropriate, to collect any amounts due from a Member under this Agreement.
The Member agrees to pay the cost of collection, including reasonable attomeys' fees.
Subdivision 3. Maintenance. The Board shall have the option of funding
maintenance work through the Budget, or funding as a capitai improvement in accordance
with Subdivision 6 of this Section. Maintenance costs that are associated with an
improvement in the approved Capita! Improvement Program, shall be allocated according
to the same formula as is applicable for allocating capital improvement costs as identifed
in Section 10, Subdivision 7. The Members affected by the improvement shall decide on
the level of maintenance to be applied to the improvement: If the Members cannot agree,
the Board shaii make the determination.
Subdivision 4. Tax Le . If authorized by law, the WMO may levy a tax.
The proceeds of any tax fevied under this subdivision shall be expended oniy for the
purposes authorized by law. The WMO may accumulate the proceeds of levies as an
alternative to issuing bonds to finance improvements.
Subdivision 5. General Fund. Each Member agrees to contribute each
` J
year to a general fund to be used for general administration purposes including, but not
limited to: improvement projects, salaries, rent, supplies, development of an overali plan,
insurance, bonds, and to purchase and maintain devices to measure hydro4ogical and
water quality data. The funds may also be used for any other purpose authorized by this
Agreement. The annual contribution by each Member shaVf be based frfty percent (50%}
on taxable market value (for the preceding year) and fifty percent (50%) on area in
accordance with the following formula:
JPARevised and RestatedLovver Mississippi WMO.DOC '� 6
11/19R001
C�S-Se-
Annuai Watershed Levy = L
Taxable MarkeY Value of a
Member's Property in the Watershed = MV
" Taxabie Market Value of All Property in the Watershed = TV
Acres of Property a Member Has in the Watershed = A
Totai Acres in Wafershed = TA
Member Required Contribution = C _
'/ZL x MV + �hL x A =C
TV TA
Subdivision 6. Capital Imarovement.
A. All capital improvements ordered by the Board must be inciuded in
the WMO's adopted capital improvement program. An improvement fund shall be
established for each improvement ordered by the WMO. If ordered by the Board,
each Member agrees to contribute to the funds its proportionate share of the
engineering, legal, and administratiye costs as determined by the amount to be
assessed against each Member as a cost of the improvement. The Board shaii
submit in writing a statement to each Member, setting forth in detail the expenses
incurred by the WMO for each improvement.
Each Member further agrees to pay its proportionate share of the cost of the
improvement in accordance with the determination of the Board, under Section 10,
Subdivision 7. The Board or the Member awarding the contract shall submit in
writing copies of the engineer's certificate authorizing payment during construction
and the Member being bifled agrees to pay its share of the costs within thifij (30)
:, days after receipt of the statement. The Board may also require payment from
Members before awarding a contract based upon an engineer's estimate of cost.
Billings wili then be adjusted when actual costs are known. The Board or the
fVlember awarding the contract shall advise other contributing Members of the
tentative time schedule of the work and the estimated times when the contributions
shall be necessary. .
B. Nofwithstanding the provisions of paragraph (A) of this Subdivision,
the W MO may a{so fund a!{ os any part of fhe cost of a capital improvement
contained in the capital improvement program of the plan in accordance with Minn.
Stat. § 1038.251. The WMO and Dakota County and/or Ramsey County may
establish a maintenance fund to be used for normal and routine maintenance of an
improvement constructed in whole or in part with money provided by Dakota and/or
Ramsey County pursuant to Minn. Stat. § 103B.251. �he levy and colfection of an
ad valorem tax levy for maintenance shall be by Dakota and/or Ramsey County
based upon a tax ievy resolution adopted by the WMO and remitted to the
JpARevised and RwtatedLower Mississippi WMO.DOC � 7
1 V19/2001
oa-sa
county(ies) on or before October 1 of each year. if it is determined to fevy for
maintenance, the WMO shall be required fo follow the hearing process established
by Minn. Stat. §103D.921. Mailed notice shall also be sent to the clerk of each
Member at least thirFy (30} days prior to the hearing.
� C. The WMO may also fund all or any part of the cost of a capital
improvement contained in the capftai improvement program of the plan in
accordance with Minn. Stat. § 103B.241.
Subdivision 7. Capital Cost Allocation of Improvements in the Board's
Watershed Manaqement Plan. All capital improvement costs of improvements designated
in the WMO's adopted Watershed Management Plan for construction by the WMO
pursuant to Section 10, Subdivision 6A of this Agreement shall be apportioned by the
following methods or a combination of these methods:
A. For improvements related to water quality:
1. �or water quality monitoring, water quality trend analyses, water
quality modefing, and water quality studies, the cost sharing wiil be proportionaf to
the tributary watershed area.
2. For water quality projects and mairrtenance, the cost sharing will be
based on Allowable Fiow, tributary area, and/or relative phosphorus loading.
3. The cost sharing for WMO operation of a future Watershed Outiet
Monitoring Program station, or other program that monitors the quality of the
stormwater runoff that discharges into the Mississippi River from the WMO, will be
proportional to the tributary watershed area.
4. Or other cost sharing method approved by the Board.
5. Pursuant to Minn. Stat. § 1036.251.
B. For improvements related to water quantity:
1. A Member shall be responsible for the costs of construction of that
portion of a drainage system that is located within its borders and that is necessary
to accommodate its Allowabie Flow and the Allowable Flow of all other tributary
Members.
2. A Member shall also be responsible for fts share of construction costs
of a drainage system, whether or not that system is located within its borders, that
is necessary to convey Excessive Flows originating within the Member's borders.
JPARevised and RestatedLower Mississippi WMO.DOC '� $
II/19f1001
oa - s'a-
3. Increased costs of construction incurred for acquisition of lands,
easements and righfs of way within natural watercourses shali be the obligation of
fhe Member in which the land lies and shall not be apportioned to other Members to
the extent that such costs exceed costs which would have been incurred if there
had been no improvement on such lands, easements, or rights of way.
4. Costs of construction shall include all costs associated with a WMO
approved improvement (whether trunk sewer or natural conveyance) and whether
or nof actuaily constructed, including, but not limited to, costs for design,
administration, construction supervision, legal fees, acquisition of lands and
improvements and actuai construcfion and maintenance costs.
5. The WMO shall consider any grant money received or to be received
by a Member for sanitary sewedsto�m sewes separation or for the construction,
reconstruction or replacement of storm sewer facilities before making cost
allocations among Members and may consider the application of any grant
proceeds toward the cost of the improvement before allocating costs between or
among the Members involved, provided that such allocation would not violate the
terms and conditions of the grant.
6. The attached Exhibit B is incorporated by reference and serves as a
compilation of general examples of cost allocation under this Agreement for the
hypotheticai circumstances stated in the examples.
Subdivision 8. Capital Cost Affocation of Improvements Delineated in Local
Watershed Manaaement Pians. All capital improvement costs incurred by the WMO for
improvements delineated in local watershed management plans that benefit only that
Member, which the WMO undertakes because the Memberfaiis to do so, shall be
• apportioned entirefy to that Member.
�
SECTION 11. SPECIAL ASSESSMENTS. The WMO shall not have the power to
levy speciai assessments. All such assessments shali be levied by the Member within
which the land is located.
SECTION 12. DURATION.
Subdivision 1. Each Member agrees to be bound by the terms of this
Agreement until January 1, 2012. It may be continued thereafter upon the agreement of
all the parties.
SPARevised and RestatedLower Mississippi PTMO.DOC - � 9
I t/19/2001
0.1.- S2-
Subdivision 2. This Agreement may be terminated priorto January 1,
2012, by the written agreement of a majority of the Members.
� Subdivision 3. In addition to the manner provided in Subdivision 2 for
termination, any Member may petition the Boasd to dissolve the WMO. Upon thirty (30)
days' notice in writing to the cierk of each Member, the Board shali hold a hearing and
upon a favorable majority vote of ali eligible votes of the Members, the Board may by
resolution recommend that the WMO be dissolved. The resolufion shaii be submitted to
each Member and 'rf ratified by a majority of the goveming bodies of ail Members within
sixty (60) days, the Board shall then give ninety (90) days written notice of its intent to
dissolve the WMO to Dakota County, Ramsey County and the Board of Water and Soil
Resources. After the expiration of this 90-day notice period, fhe Board shall dissolve the
WMO, allowing a reasonabie time to complete work in progress and to dispose of personal
properly owned by the WMO.
SECTION 13. DiSSOLUTION. Upon dissolution ofthe WMO ortermination ofthis
Agreement, all property of the WMO shall be sold and the proceeds thereof, togetherwith
monies on hand, shall be distributed to the Members. Such distribution of WMO assets
`�
shall be made in proportion to the totai contribution to the WMO required by the last annual
Budget.
SECTION 14. EFFECTIVE DATE. This Agreement shall be in fuli force and efFect
when all seven (7) Members file a cerfified copy of a resolution approving this Agreement
and have executed this Agreement and filed the executed Agreement with the Board. All
Members need not sign the same copy.
JPARevisedandRestatedl.owaMississippiWMO.DOC 20
i l/19/Z001
03-Sa—
IN WITNESS WHEREOF, the undersigned govemmental units, by action of
their goveming bodies, have caused this Agreement to be execufed in accordance with
the aufhority of Minn. Stat. § 471.59.
Approved by the City Council
, 20_
i3�
:;
Approved by the City Council
,20_
Attest:
Approved by the City Council
20_
BY:
Attest:
BY:
Attest:
C17Y OF INVER GROVE HEIGHTS
CITY OF LILYDALE
CITY OF MENDOTA HEIGHTS
CITY OF ST. PAUL
Approved by the City Council
,20_
Approved by the City Council
,20
JPARevised and RestatedLower Mississippi WMO.DOC
11/19/2001
BY:
Attest:
BY:
Attest:
21
CITY OF SOUTH ST. PAUL
o�- s'a.
Approved by the City Council
, 20_
Approved by the City Council
- - .
JPARevised and RestatedLOwer Mississippi WMO.DOC
iin4noat
CITY OF SUNFISH LAKE
BY:
Attest:
CITY OF WEST ST. PAUL
BY:
Its Mayor
BY:
Its City Manager
22
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Legal Boundary Map of the
Lower Mississippi River
Watershed Management Organization
1 0 1 Miles
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Exhibit A
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TION EXAMPLES FOR JOINT POWERS AGREEMENT � O c�-� a—
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EXAMPLE
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DESCRIPTION '
Two Citfes •
Two Lities With �7iversion In
7wo Cities 4tith IIiuersian Out
Three Cities •
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Watershed Seundary
Drainage Facility
Ci ty .Boundary
Detention Pond
Diverted Area
Exhibit B
Page 1 of 9
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� EXAMPLE ° A" - TWO CITIES . . � �
�Project: Construct project (Segments'a' and'ti) in City �7 to provide drainage
, - for Cities vfi and �7 under fu17y developed cundit9ons. = '
�Gost A1Tocation: ' •
. �� City �6: . Cost share = aE6 x Tota1 project cost for "a". � .
. �— . .
""� _ C'ity �7: Cost share = Totai project cost -� QE� x Tota1 project cost �
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W4Jere: QE6 ° �T6 - QA6>
QE6 �5 tfie design flow rate from City, �5�which is 'in
excess of the allowable filow rate from City �fi; �
QA6 is the aliowabie flow rate from City �6;
QT6 is the total design flow rate from City #6;
� Q is the total flow rate for which the project is designed
in each Segm�nt. ,
City �6: Cost share for SQgment "c" _. Zero doltar (no tributary flow).
Exhibit B
Page 2 of 9
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JOIKT POWERS AGREEMENT
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FXqMPLE "A" - TWO CITIES
Sample Calculations � • • � ' . .
Assu:ne: - • . .
City �5 - Area of Watershed'within City��5 = 775 acres •
Full developmeot runaff (�ib) = CIA = 0.40 x 2.�"/h x 175 = 140 cfs .
' Predeve7opment runoff (QA6? = CIA = 0.15 x 2.0"/h x I75 = 52.5 cfs
Then: . � � '. .
Excess runoff (QE6�3 (from formulae: QE = Q -(}� } = 8�,5 cfs .
la.,City �6 cost share for Segment °a" _$�'' x praject cost for "a" _.63 x.Project cost•
for "a", t4U . . , .
�;; (From formulae: •share = 4 E� x Project cost) , '
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Kote: Segment "a" ends at first point of entry into the system fran City �7. �
Assume:' ' . ' �
City #7 - Area nf Watershed within City �7 = 25D acres artd all flows from C�ty #7
enter system �by way of Segment "N'. . .
. Fu11 develupment runoff (Q = CIA =:50x1,8x250 = 225 cfs
Design flow for Segment " b" = Q T(SE6. TMa" + Qr� = 140 + 225 = 365 cfs
p, City �6 has no cost share ohTigation in Segment °c" when there is no tributary fTow
from City �6. . .
(continued)
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Exhibit B
Page 3 of 9
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JOINT POWERS AGREEMENT
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3.::Lity �zb .cost share for Segment "b" _ x Project_ cost �For "b° = 0.24 Project
- .cost� of °b": � � � � - . 35�. • _ '
(From formulae: Share =� x Project cast) �
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• i�ote: . � . • . .
� City a6 can reduce the excess"fiow {QE6) 6 y detention ponding e4ert to the amount�
�.��'.•that ths rate of fiiow from City #6 iQT�I is no greater than the a7)owable filaw
' rate lQ afi )• Any rednttion in the total rate firom City �6 �eould.be applied to
the excess rate and thereby reduce the obligation o �b to sharE in the c�st
:.: �- af constructing any corrveyance system in City �7. � •
SUMMARY OF COSTS � • �
� Segment "a" • • - . . . . .
� City R6: Cost share = x Project cost for "a".. � .
• T��- • .
City �7: Cost share =�' x Project cost for °a°. '
• T�6
Segment "b"- • � " _
City ,',6: Cast share =$�'�'. x Pro.ject cost fior °b°. � .
. �b5
City #7:. Cost share = 277 x Projett cost for "b".
��65 . .
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Segment "c": � � �
City Lost share = Zero doliar (no tributary flaw}.
Caty �7: Cost = Ali of Project cost for "c"_
Exhibit B
Page 4 of 9
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JOINT POWERS AGREEMENT
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, EXAMPLE "B" - 7WJ CITIES WITH DIVERSION IPE '
•Project: Construcf Trunk facility "•a" in City �2 on'!y for C�ities �2 and �3
uoder fuiiy developed con�itions. � '. . "
c ; . , - . .
Gost A7location: • • • • '
� City �3: Cost SI1dT'2 = 4E3 x 7ota1 "project. cost_ � �
• —� . - .
Where QE3 ° QT3 — QA3 ' �
� Artd Q� is the design flow rrom City �3 as described in
-� Example "A" plus ali flows coming from the area diverted. .�
A1l facilities withiii City.�3 are constructed by Gity �3. �
Detention in City �3 can redute.QE3; . •
Q and Q are as defined in Example °A". .
Note: ThSs case applies only where waters are diverted from one Lity to
ano�her City or from one major drainage dis�rict to another.
, . � � Exhibit B
Page 5 of 9
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EXAMPIE "C" — TWO CITIES b�ITH DIVERSTQh OUT �
Project: Construct Trunk 5egments "a", "b", "c" in City #3 under fu71y
develaped conditinns. � • � •
Cost Allocation: '
City �3: Cost share for 5egment °a" = Zero dollars. '
Note
' (alt flows have been diverted•away)
Cost share far 5egment " b" = RE x Total project cnst for °b".
-� .
4lhere: Q is the excess flow from City #3 that is tributary �
to 5egment "b" only. .
Ci.ty #3: Cost sfiare for Segment "c° = 4E3 x Tota1 project cost for "c".
. �� .
Where: QE3 is the excess f3ow firom City �3 that is tributary to
. Segment "c" calcutated as QF3 tributary to "b" minus QA3
that would have been tributary to "a" had there been no -
diversion out of tfie drainage district. •
QT attd_Q ar� as defined in Exampte "A".
This caee applies only where waters are diverted from one City to another City.
or from one major drainage district to another. �
Exfiibit 8
Page 6 of 9
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" EXAMPLE "D" - TNREE CI7TE5 - �
(See Example "A" for Q7� Qp and QE )
Project: .Construct Project (5egments "a"., °b" and "c"} in City T4 to provide
drainage for Cities #3, �4, and �5 under fully developed conditions.
Cost AlTocatiotts: • � . �
City �3: Cost share Segment "b°, = 4E3 x Praject �ost for °6".
� . �i— .
�Cost share.Segment "a" = Zera dollars (no tributary fi6w?:
. Cost share Segment "c" = QE� x Praject cost for "c".
._ � _� . �
City �5 yost share Segment °a" = RES x Project tost for "a".
- �i -
� � Cost share Segment "b" = Zero Dollars (no tributary fTow).
Gost share Segment "c" _�$ x Project cost for "c",
�-
Where: Q is the total flow rate for which each�respective Segment
is designed.
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' _ . Page 7 of 9
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EXAMPLE "E" - A�DED POhQIN6
{See Example "A" for definition of Q , Q and Q �
Project: Construct 7runk "a", Detention Pond "b" and Outlet "c" for cities �5 and �6 under
' ' fu17y iieveloped conditions.
�ost Allocation: ' '
City n5 i�runk "a"): Cost share = 4ES x Project cost ot Trunk "a".
� � . . . Z� .
- Where: Q is the total flow rate in Trunk "a". . �
City r5 (Pond "b"): Cost share = vE � x Project cost of Pond "b". �
�— ' . .
Where: �VES is the design Volum� of run�ff fra;n City �5 wh9ch is in . �,
excess of the allowabte Volume from City �5;
YT is the total Volume used in the design af tFie detenfiion pond.
� City �5 {Outl.et "c"): Cost share =� x Project cost afi 4utlet °c"_
� Where QF5 is reduced from Trunk '�a" Inlet Q hy the ratio of Dutlet.QT�
, . n e T
In1et QT is the sumnation of a11 flaws into the pond;
tlutlet QTis the total flow�rate out.af the pond under design�conditions.
Note: See Page 9 for sample calculations • •
Exhibit B
� . � Page 8 of 9
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y � / , � tG � j = (b� �r
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' EXAMPLE "E" - AD�E� PON�ING �
Sampie'calculation for City #5 cost share for Outlet "c": �
Rssume: �
RES = 50 cfs •
. Q Pond inflav in Segrerrt "a" = 500 cfs ' •
Q Pond inflow from other areas = 200 cfs . �
g 4T Pond inflow = 700 cfs .
Qi P3nd Outlet "c" = 100 cfs
And:. ' . '
� 4E5 (DU?LET) ° �Fb'(IHLET) X �-(O�7�ET)
. .�Q7 (INLET)
City �5 cest share = �s {nur�er) - >
x Project cost �f Datlet "c"
. T (� OUTLETJ
Then: �
Q� (for Segment "c") _��� x 50 = 7:14 cfs
��
Lity �5 cost share = �' x Project cost of Outlet "c"
. �T6t� .
�xhibit B
Page 9 of 9
JOINT POWERS.AGREEMENT
Council File # �.1 � Se�.
' ` Green Sheet # 111491
� R � � ; ; .; s°'< a.� RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Presented By
Referred To
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
i8
19
20
21
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0
ttee: Date
WHEREAS, the City of Saint Paul is a Member of the Lower Mississippi River Watershed
Management Organization through a joint powers agreement which expires on January 1, 2002;
and
WHEREAS, the Members of the Lower Mississippi River Watershed Management Organization
are the cities of Inver Grove Heights, Lilydale, Mendota Heights, Saint Paul, South St. Paul,
Sunfish Lake and West St. Paul; and
WHEREAS, the purpose of the Lower Mississippi River Watershed Management Organization is
to protect and enhance water quality resources within the watershed.
Now, therefore, be it RESOLVED, that the proper City officials are authorized to execute, on behalf
of the City of Saint Paul, the "Revised and Restated Joint Powers Agreement Establishing a
Watershed Management Organization for the Lower Mississippi River Watershed."
Adopted by Council: Date a a
Adoption Certified by Council Secretary
By:
Appr
By:
Requested by Department of:
Public Works
By: /
Form ApprOVed by City Attorney
� -5 a ti
DEPARTMEM/OFFICE/CAUNCIL DATE INITIATED
Public Works i�aoioi G E SHEET No. �� �4�.
� �A'� INITIAVDATE
PfrACTPER$ON&PFqNE I� OR �qry�pVNCIL
e We ei 266-6245 NUMBEFiPofl �O ❑GTVC�rix
MUST BE ON COUNQL AGENDA eY (DAT� {7p�ry�
�� �BUIX'aEfDIRECTOR ❑FlNANCEACCOUMING
� MAYOR (OR ASSISTANi) �
ALSOFSIGNATUREPAGES ` IC4P/LLLLOCATK1fJ5FORSIGNATUfl� uDIVISIIXJ I uDFPT.ACCOUM !.Z Z� /
GR10N RC-�UESTED
pprove the attached resolurion authorizing the proper City officials to execute the "Revised and Restated Joint
owers Agreement Establishing a Watershed Management Organization for the Lower Mississippi River
atershed."
RECOMMENDA710N5: /lppewe (A) or Reject (F� PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESiIONS:
PLANNIN6COMMISSION GVILSEflVIGECOMMISSION 7. Hasthisperson/firtnevervrorkeduntleracontrac[forthistleparhnent?
! YES NO
_CIBCOMMITTEE _ 2. H3Sikl15pefSONfirtlleve[bE2f12CItyEmPl�yZC?
g�.� _ YES NO
3. Does fhis persoMfirtn possess a skill no[ nortnally possessetl by arry cunent ary
OISTAICTGOUNCIL _ EffIPIOyEZ?
SUPPORTSWHICHCOUNCILOBJECTIVE� YES NO
Explain all yes answe�s on separete sheM and aitach to green sheet
INITIATING PROBLEM, ISSUE,OPPORTUNITY(WHO, WHAT, WHEN, WHERE, WHY)�
The azea of St. Paul south of the Mississippi River falls within the I.ower Mississippi River Watershed. The City
of Saint Paul has been a Member of the I.ower Mississippi River Watershed Management Organization since
1985. The original joint powers agreement expires on January 1, 2002. The attached revised agreement is
effective until 7anuary 1, 2012. St. Paul's annual dues are estimated to be $5,500. This amount fluctuates
depending on the activities of the WMO and is based on a formula found in the agreement.
ADVAMAGES IF APPROVED.
The Lower Mississippi River WMO will reznain in existence and the City of St. Paul will remain a Member.
��V�e V L�1�
01SADVAMAGES IF APPFOVED: �
None
CI�� A�T��NE�
" �� �� �E'il�'��
eJ�B'd � � ��UL
DISADVANTAGESIFNOTAPPROVED
A watershed district would need to be formed or Dakota County would take over the water management
responsibility for the cifies within Dakota County. If Dakota County assumed this responsibility, St. Paul's area
would then need to be placed into an eicisting watershed district.
OTALAMOUNTOFTFiANSACTION$ $S.SOOannuallv COST/REVENUEBUDGEfED(CIRCLEONE) YES No
FUNDING SOURCE Sewer Service Fund 260 ACTNITY NUMBER 260-22225-0219
FINANCIAL INFORMATION� (EXPIAIN)
O
t_ ':
oa-sa
REVISED AND RESTATED
JOINT POWERS AGREEMENT
ESTABLISHING A WATERSHED MANAGEMENT ORGANIZATION
' FOR 7HE LOWER MISSISSIPPI RIVER WATERSHED
THE PARTIES TO THIS AGREEMENT ("AgreemenY') are Members ofthe
Lower Mississippi River Watershed Management Organization and have land that drain
surface water into the Mississippi River. This Agreement amends and restates the original
Joint Powers Agreement beiween the Members which became effective in 1985 and
includes ali prior Amendments to the 1985 Joint Powers Agreement. This Agreement is
made pursuant to the authority conferred upon the parties by Minn. Stat. §§ 471.59 and
1036.201 - 1038.252.
SECTION 1. NAME AND LEGAL BOUNDARY. The parties hereby estabiish the
Lower Mississippi River Watershed Management Organization, hereinafter referred to as
the "WMO." The "Legal Boundary Map of the Lawer Mississippi River Watershed
Management Organizat+on" is attached hereto as Exhibit A.
SECTION 2. PURPOSE. The purpose of this Agreement is to provide an
organization to regulate the naturai water storage and retention of the Lower Mississippi
watershed to:
A. Protect, preserve, and use natural surFace and ground water storage
and retention systems;
B. Minimize public capitai expenditures needed to correct flooding and
water qual'�ty problems;
C. Identify and plan for means to effectively protect and improve surface
and ground water quality;
D. Establish more uniform local policies and official controls for surface
and ground water management;
E. Prevent erosion of soil into surface water systems;
oa-sa
F. Promote ground water recharge;
G. Protect and enhance fish and wild4ife habitat and water recreational
facil'�ties;
�" H. Secure the other benefits associated with the proper management of
surface and ground water; and
i. Carry out all the duties and responsibilities in Minn.
Stat. §§ 471.59 and 103B.201 -103B.252.
SECTION 3. DEFINITIONS. _
Subdivision 1. "Allowable Flow" means the rate and volume of flow,
according the to design criteria set forth in the Watershed Management Plan, at which a
Member community may discharge into the drainage system without financial obligation
and as the rate and volume of surFace water runoff from a tributary area under natural
conditions, with a drainage system in place which has been designed and constructed
according to the criteria stated herein, exciuding diverted waters. Currenttopographic
data that exists on the enactment date of this Agreement shali be used for the
determination of the natural conditions and calculation of the ailowable flow.
Subdivision 2. "Board" means the board of managers ofthe WMO.
Subdivision 3. "Council" means the governing body of a governmental unit
� which is a Member of this WMO.
Subdivision 4. "Drainage Facilifies" means any improvement constructed
for the conveyance or storage of surface water.
Subdivision 5. "Drainage System" means the combination of drainage
facilities required to safely controi or convey runoff water from a major tributary drainage
area(s) to a point of final discharge into a water body.
]PARevised and RestatedLowd' Mississippi WMO.DOC 'L
11/19/2001
oa- s�.
Subdivision 6. "Excessive Flow" means that rate and volume of flow,
cafculated according to tfie design criteria in the Watershed Management Plan, from a
Member which is in excess of the allowabie flow of that Member.
Subdivision 7. "Govemmenfa! UniY' means any city.
Subdivision 8. "LowerMississippi RiverWatershed"or "Watershed"means
the area contained within the "Legal Boundary Map of the Lower Mississippi River Water
Management Organization" attached hereto as Exhibit "A".
Subdivision 9, "Manager" means the representative appointed to the
Board by a Member.
�Subdivision 10. "Member" means a govemmental unit which enters into
this Agreement.
Subdivision 11. "Natura( Conditions" means the characteristics of the land
on the date of enactment without regard to any urban development including structures,
parking lots, or other artificial improvements.
Subdivision 12. "Rate of Flow" means the discharge of surface water
runoff as a function of time which has been ca{culated according to the design csiteria
'�,; identified in the Watershed Management Plan. The rate of flow shall apply to the design
and construction of open channels and storm sewer conduits.
Subdivision 13. "Volume of Flow" means the total discharge of all surface
water runoff which has been calculated according to the design criteria identified in the
Watershed Management Plan. The volume of runoff flow shall apply to the design and
construction of detention facilities.
IPARevised and RestaudLowa Mississippi WMO.DOC
71/19Y1001
oa-s�
Subdivision 14. "Watershed Management Organization" or "WMO" means
the organization created by this Agreement the full name of which is "Lower Mississippi
River Watershed Management Organization." It shaii be a public agency of its Members.
SECTION 4. MEMBERSHIP. The Membership of the WMO shall consist of the
following govemmental units, each entitied to the foliowing eligible votes:
Member
City of Inver Grove Heights
City of Lilydale
City of Mendota Heights
City of Saint Paul
City of South Saint Paui
City of Sunfish Lake
City of West Saint Paul
Votes
3 votes
1 vote
2 votes
2 votes
2 votes
1 vote
2 votes
No change in govemmental boundaries, structure, organizational status, or
character shall affect the eligibility of any govemmental unit listed above to be represented
on the WMO, so long as such govemmental unit continues to exist as a separate political
subdivision. A majority of all eligible votes shall be sufficient for all matters, unless
otherwise provided for in this Agreement. A majority vote of all Members, with each
Member having one vote, shall be required for Section 7. A Member may not cast a split
vote. Any Member that fails to contribute their share of the WMO annuat administration
fund or their allocation of a capital improvement cost, shali be declared ineligible for voting
on all matters before the Board, until such contribution is made to the WMO.
SECTION 5. ADVISORY COMMITTEES.
Subdivision 1. Technicai AdvisoN Committee. The foilowing goverrimental
subdivisions or agencies shall be requested to appoint a non-voting advisory Member to
the WMO: Dakota County, Ramsey County, Dakota Gounty Soil and Water Conservafion
District. The advisory Members shall not be required to contribute funds for the operation
}ppRevised and RestatedLovrer Mississippi WMO.DOC tl,
11/19/2001
oa-sa
of the WMO, except as provided in Minn. Stat. § 103B.251, but may provide technicaf
services.
' Subdivision 2. Citizen AdvisoN Committee. The WMO may establish a
cifizen advisory committee ("CAC") from the public at large to provide input on Watershed
Management Plan revisions and other matters as deemed appropriate. The CAC shalt be
appointed by the WMO considering individuals nominated by each Member. The WMO
wiil notify each Member of its intent to establish a CAC, will specify the purpose and
duration of the CAC, and wiil request each Member to nominate candidates to be
considered for appointment by the WMO. At the time of establishment of a CAC, the
WMO will appoint a chair of the CAC, a board member liaison to the CAC, establish a time
for submittal of any comments, and specify the support the WMO wili provide to the CAC.
SECTION 6. BOARD OF MANAGERS.
Subdivision 1. Appointment. The goveming body of the WMO shall be its
Board. Each Member shali be entitied to appoint one Manager and an altemate on the
Board. The alternate shall have the right to vote in the absence of their representative.
Vacancies in the o�ce of Manager shall be filled for the remainder of the term by the
Member which appointed or had the right to appoint the Manager. All vacancies shalf be
filled within ninety (90) days after they occur.
Subdivision 2. Eligibility or Qualification. The Council of each Member
shall determine the eligibility or qualification of its representative on the WMO.
Subdivision 3. Term. The Managers shal4 not have a fixed term, but shall
serve at the pleasure of the Member appointing such Manager to the Board.
7PARevisedandRestatedluwerMississippiWMO.DOC �j
11/19/2001
� a- - S'�
Subdivision 4. Removal. A Manager may not be removeci from the Soard
prior to the expiration of his or her term, unless the Manager consents in writing or unless
removed in accordance with the procedures provided under Minnesota Rules 8410.0040.
Subdivision 5. Compensafion. Managers shaii serve without
compensation from the WMO, but this shall not prevent a Membes from providing
compensation for its Manager.
Subdivision 6. Organizational Meeting. At the first meeting of the Board
each year, the Board shall elect from its Managers a chair, a vice chair, a
secretary/treasurer, and such other o�cess as it deems necessary to conduct its meetings
and affairs. The Board shall adopt rules of order and procedure goveming its meetings
and affairs. The rules of order and procedure may be amended from time to time at either
a regular or a special meeting of the Board provided that at feast ten (10) days' prior notice
of the proposed amendment has been furnished to each person to whom notice of the
Board meetings is required to be sent. A majority vote of all eligible votes of the Members
of the WMO shall be sufficient to adopt any proposed amendment to such rules of order
and procedure.
:,
Subdivision 7. Annual Meeting Requirement. The Board shall meet at
least annually, at times and places selected by the Board. If the Board changes its
regulariy established meefing place or time, it shall piace a nofice of the change on a
bulietin board at least three (3) days in advance +n the building where it was scheduled to
meet.
Subdivision 8. Committees. The Board may establish committees as it
deems appropriate.
,TPARevised and RestatedLowa Mississippi R'MO.DOC 6
11/192001
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Subdivision 9. Quorum. The Board shali not take any action without a
quorum present. A quorum shall be at least four Members.
SEC'ftON 7. POWERS AND DUTIES OF THE WMO. The WMO, acting by its
:.. .
Subdivision 1. Shall prepare, adopt and implement a Watershed
Management Plan meeting the requirements of Minn. Stat. § 103B.231;
Subdivision 2. Shall review and approve local water management plans as
provided in Minn. Stat. § 103B.235;
Subdivision 3. Shall exercise the authority of a watershed district under
Minn. S4at. Chapter 103D to regulate the use and development of land in the
watershed when one or more of the following conditions exist:
A. The local govemment unit exercising planning and zoning
authority over the fand under Minn. Stat. §§ 366.10 to 366.19, 394.21 to
394.37, or 462.351 to 462.364 does not have a local water management
plan approved and adopted in accordance with requirements of Minn. Stat. §
103B235 or has not adopted the implementation program described in the
plan.
B. An application to the {ocal govemment unit for a permit for the
use and development of land, requires an amendment to, or variance from,
the adopted local water management plan or implementation program of the
focai unit.
. C. The local govemment unit has authorized the WMO to require
permits for the use and development of land.
Subdivision 4. Shail adopt an annual work plan.
Subdivision 5. May employ such persons as it deems necessary to
accomplish its duties and powers.
Subdivision 6. May contract for space and for material and suppiies to
carry on its activities either with a Member or elsewhere.
Subdivision 7. May acquire necessary personal and real propetty to carry
out its powers and its duties.
JPARevised and RestatedLnwerMississippi WMO.DOC 7
11/19/2001
ps_57--
Subdivision 8. May make necessary surveys or use other reliable surveys
and data, and develop projects to accomplish fhe purposes for which the WMO is
organized.
Subdivision 9. May cooperate or contract with the State of Minnesota or
any subdivision thereof or federal agency or private or public organization to accomplish
the purposes for which it is organized.
Subdivision 10. May order any governmental unit to carry ouf the local
water management plan which has been approved by the Board. If the local unit of
govemment fails to do so, in addition to other remedies, in its discrefion, the Board may
impiement any required action or improvement in accordance with this Agreement.
Subdivision 11. May acquire, operate, construct, and maintain the capital
improvements delineated in the Watershed Management Plan adopted by the Board.
Subdivision 12. May contract for or purchase such insurance as the Board
deems necessary for the protection of the WMO and its Board.
Subdivision 13. May establish and maintain devices for acquiring and
recording hydrological and water quality data within the watershed area of the WMO.
�� Subdivision 14. May enter upon lands within or without the watershed to
make surveys and investigations to accomplish the purposes of the WMO.
Suhdivision 15. May provide any Member with technicai data or any ofher
information of which the WMO has knowledge which will assist the Member in preparing
land use classifications or local water management plans within the watershed.
Subdivision 16. May provide legal and technical assistance in connection
with litigation or other proceedings between one or more of its Members and any other
political subdivision, commission, board, corporation, individual, or agency refating to the
JpARevised and ReslaudLower Mississippi WMO.DOC $
11/19/2001
oa�-sa
planning or construction of facilities fo drain or pond s4orm waters or relafing to water
quality within the WMO.
� Subdivision 17. May accumulate reserve funds for the purposes herein
menfioned and may invesf funds of the WMO not currenfly needed for its operations.
Subdivision 18. May coliect money, in accordance with the provisions of
this Agreement, from its Members and from any other source approved by the Board.
Subdivision 19. May make contracts, incur expenses, and make
expenditures necessary and i�cidentai to the effectuation of its purposes and powers.
Subdivision 20. Shall cause to be made an annual audit of the books and
accounts of the WMO and shall make and file a report to its Members at least once each
year including the foliowing information:
A. The financiai condition of the WMO;
B. The status af a41 WMO pro}ects and work within the watershed; and
C. The business transacted by the WMO and other matters which affect
the interests of the WMO. Copies of the report shall be transmitted to the clerk of
each Member by March 31 of each year.
Subdivision 21. Shall make the WMO's books, reports, and records
available for and open to inspection by its Members or the public at ail reasonable times.
Subdivision 22. May recommend changes in this Agreement to its
Members. Any amendments shaii require ratification by ail the parties to this Agreement.
Subdivision 23. May exercise ali other powers necessary and incidentai to
the implementation of the purposes and powers set forth herein and as authorized by
Minn. Stat. §§ 103B.201 through 103B.252.
Subdivision 24. Must soficit proposa4s for all legal, engineering, auditing,
and other technical services in accordance with Minnesota Statutes § 1036.227, subd. 5.
IPARevised and RestatedLower Mississippi WMO.DOC 9
I ll19Y2001
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Subdivision 25. Shall coordinate its planning activifies with contiguous
Subdivision 26. Shall designate one or more legal newspapers of general
SEGTION 8. POWERS AND DUTIES OF THE OFFICERS OF THE BOARD.
Subdivision 1. It shail be the duty of the Chair of the Board to:
watershed management organizations and counties conducfing water pianning and
implementation under Minn. Stat. Chapter 1036.
circulation which are published in the county(ies) in which the watershed is locafed.
A.
B.
plan;
C.
D. Sign and execute documents as may be required for the Board's
exercise of its powers, except as othenvise required by law; and
E. Perform such other duties applicable to the office as are necessary to
fulfill the powers and duties of the Board as set forth in this Agreement, and as provided by
law.
Attend and preside at all meetings of the Board;
Assist in the preparafion of ineeting agendas and the annual work
See that orders and resolutions of the Board are carried into effect;
Subdivision 2. It shall be the duty of the Vice Chair of the Board to:
�
f:�
to:
A. Keep and post a true and accurate record of the proceedings of all
meetings of the Board;
Perform other duties as assigned from time to time by the Board.
Subdivision 3. It shall be the duty of the Secretary/Treasurer of the Board
Perform the duties of the Chair in the Chair's absence; and
Keep a record of all amendments, alterations and additions to this
Prepare and process all correspondence;
Prepare and file ail reports and statements as required by law and
7pARevised and RestaudLower Mississippi WMO.DOC '� �
11/19YL001
B.
Agreement;
C.
D.
this Agreement;
oa-�'a-
E. Keep ail financial accounts of the WMO, and prepare and present to
the Board full and detailed financial sfatements of the WMO prior to its annual meeting;
and
� F. Perform other duties as assigned from time to fime by the Board.
SECTION 9. CONSTRUCTION OF IMPROVEMENTS.
Subdivision 1. Ali consfruction, reconstruction, extension or maintenance
of WMO improvements, including outlets, lift stations, dams, reservoirs, or appurtenances
of a surface water or storm sewer system ordered by the WMO which involve potential
construction by or assessment against any Member or against privately or pub{icly owned
{and w+thin the watershed shall adhere to the foilowing procedures set forth in this section.
The Board shall secure from its engineers or some other competent person a preliminary
report advising it whether the proposed improvement is feasible, whether there are
feasible alternatives, whetherthe proposed improvement shall best be made as proposed
or in conjunction with some other improvement, a determination ofi the quantity and/or
quality of storm and surface water contributed to the improvement by each Member, the
estimated cost of the improvement(s), inciuding maintenance, the estimated cost to each
Member, and evaluating the consistency of the improvement with the Watershed
_ Management Plan capital improvement section. The Board shail then hoid a public
hearing on the proposed improvement. Nofice of the hearing shall be mailed to the clerk
of each affected Member and shall aiso be published in the Soard's officia{ newspaper(s).
The r+otice shall be mailed not less than forty-five (4_5) days before the hearing, shali state
the time and piace of the hearing, the general nature of the impravement, the estimated
fotal cost, and the estimated cost to each Member.
To order the improvement, a resolution setfing forth the order shaii require a
favorable majority vote of ail eligible votes of the Members of the WMO. The order shall
JPARevised and RestatedLowerMississippi Wb10.DOC 11
11/19/2001 �
oa-S�.
describe the improvement, shall allocate in percentages the cost allocation among the
Members, shall determine the method of financing, shall designate the engineers to
prepare plans and specfications, and shaii designate the entity that witf contract for the
improvement. The Board shall not order and no engineer shall prepare plans and
specfication before the Board has adopted a resolution ordering the improvemenf. After
the Board has ordered an improvement, it shall forward the preliminary report to all
affected Members with an estimated time schedule for the construction of the
improvement.
The Board shall allow not less than 90 days, nor more than 270 days, for each
Member to conduct hearings as provided by law or applicable charter requirements, to
approve the construction and the metfiod of financing of the improvement which the
Member wili use to pay its proportionate share of the costs of the improvement.
If the WMO proposes to use Dakota County's and/or Ramsey County's bonding
authority, or if the WMO proposes to certify all or any part of an improvement to Dakota
and/or Ramsey County for payment, then and in that event all proceedings shali be carried
out in accordance with Minn. Stat. § 1036.251.
The Board may order advertising for bids upon receipt of notice from each Member
which will be assessed that it has completed its hearing or determined its method of
payment, or upon expiration of 270 days aftes the mailing of the preliminary report to the
Members, whichever occurs first.
Subdivision 2. Any Member aggrieved by the determination of the Board
as to the financing of an improvement or allocation of the costs of an improvement shall
have thirty (30) days after the WMO resolution ordering the improvement to appeal the
determination to arbitration. The appeal shall be in writing requesting the arbitration and
JPARevised and RestatedLower Mississippi WMO.DOC '� `Z
1V19Y2001
oa - 52�.
shall be addressed to the Board in c% City of South St. Paul, 125 3`� Ave. N., Soufh St.
Paul, MN 55075. The determination of the Member's appeai shali be referred to a Board
of ArUitration. The Board of Arbitration sha{I consist of three (3) persons: one to be
appointed by the Board, one to be appointed by the appealing Member, and the third to be
appointed by the two so selected. In the event the two persons so selected do not appoint
the third person within fifteen (15) days after their appointment, then the chief judge of the
Districf Court of Dakota County shall have jurisdiction to appoint, upon application of either
or both of the two earlier selected, the third person to the Board of Arbitration. The third
person sefected shall not be a resident of any Member and if appointed by the chief judge,
shali be a person knowledgeable in the subject matter of the dispute. The arbitrators'
expenses and fees, together with the other expenses, not including counsei fees, incurred
in the conduct of the arbitration shall be divided equaliy between the WMO and the
appealing Member. Arbitration shall be conducted in accordance with the Unifiorm
Arbitration Act, Minn. Stat. Chapter 572. Arbitration must be completed within the 270 day
period provided for in Subdivision 1 of this Section.
Subdivision 3. Contracts for Improvements. The bidding and contracting
�� of the work may be let by any Member or by the WMO as determined by the Board, in
� compliance with state statutes. Contracts and bidding procedures shall comply with all
legal requirements.
Subdivision 4. Supervision. Ali improvement contracts shali be supervised
by the entity awarding the contract. A WMO representafive shall also be authorized to
observe and review the work in progress and the Members agree to cooperate with the
WMO representative in accomplishing the WMO's purposes. Representafives ofthe WMO
shall have the right to enter upon the place or places where the improvement work is in
7PARevisedandRestatedLowerMississippiWMO.DOC 13
11/19/2001
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progress for the puspose of making reasonabte tests and inspections. The WMO
representative shall report to the Board on the progress of fhe work.
Subdivision 5. Land Acquisifion. The WMO shall not have the power of
eminent domair+. All easements or interest in land which are necessary for an
improvement will be negotiated or condemned in accordance with Minn. Stat. Chapter 117
by the Member where the land is located, and each Member agrees to acquire the
necessary easeme�t or right-of-way or partiaf or complete interest in land upon order of
the Board to accomplish the purposes of this Agreement. Ali reasonabie costs of the
acquisition, including attomey's and appraiser's fees, shall be a cost of the improvement,
and shall be allocated according to the formula for allocating Capital Improvement cost in
Section 10, Subdivision 7. If a Member determines it is in its best interests to acquire
additional rights in lands for some other purposes, in conjunction with the taking of lands
for the improvement, the costs of the acquisition of additional rights in lands will not be
included in the improvement costs. The Board, in determining the amount of the
improvement costs to be assessed to each Member, may take into consideration the land
use for which the additional lands are being acquired and may credit the acquiring
Member for the land acquisition to the extent that it benefits the other Members. Any
credits may be applied to cost allocation of the improvement, or the Board, if feasible
and necessary, may defer the credits to a future improvement.
Members may not condemn or negotiate for land acquisition to pond or drain storm
and surFace waters within the corporate boundaries of another Member within the WMO.
.TPARevised and RestatedLower Mississippi WMO.DOC 14
11/19/2001
o3-Sa
SECTION 10. FINANCES.
Subdivision 1. Disbursements. The WMO funds may be expended by the
Board in accordance with this Agreement in a manner determined by the Board. The
Board shall designate one or more national or state bank or trust companies authorized to
receive deposits of public monies to act as depositories forthe WMO funds. in no event
shall there be a disbursement of WMO funds without approvat by the Board and the
signature of at least two (2) Board Members, one of whom shall be an officer. 7he Board
may require the secretary/treasurer to file with fhe Board a bond in the sum of at least
$10,000 or such higher amount as shali be determined by the Board. The WMO shall Qay
the premium on said bond.
Subdivision 2. Budpet. On or before July 1 of each year, the Board shali
adopt a general fund budget ("Budget") by a majority vote of all Members (with each
Member having one vote) for the ensuing year and decide upon the total amount
necessary for the generai fund. The secretary/treasurer of the Board shall certify the
Budget to the clerk of each Member, together with a statement of the proportion of the
Budget to be provided by each Member, computed in accordance with Section 10,
Subdivision 5. The council of each Member shall review the Budget, and the Soard sha11
upon notice from any Member received prior to August 1, hear objections to the Budget,
and may, upon nofice to all Members of the time, date, place of and right to participate in
the hearing and after a hearing, modify or amend the Budget, and then give notice to fhe
Members of any and all modifications or amendments. Each Member agrees to provide
the funds required by the Budget by February 15"' of each year.
ff a Member fails to provide its share of the funds required by the Budget by
February 15 of each year, the unpaid balance of the funds shall accrue interest at a rate of
JPAltevised and RestatedLower Mississippi R'MO.DOC 15
I l/19/2001
oa-s�.
eight percent {8%) per annum commencing the day following February 15"' of the year in
which tf�e funds were due. The WMO may take whatever action, at law or in equity it
deems appropriate, to collect any amounts due from a Member under this Agreement.
The Member agrees to pay the cost of collection, including reasonable attomeys' fees.
Subdivision 3. Maintenance. The Board shall have the option of funding
maintenance work through the Budget, or funding as a capitai improvement in accordance
with Subdivision 6 of this Section. Maintenance costs that are associated with an
improvement in the approved Capita! Improvement Program, shall be allocated according
to the same formula as is applicable for allocating capital improvement costs as identifed
in Section 10, Subdivision 7. The Members affected by the improvement shall decide on
the level of maintenance to be applied to the improvement: If the Members cannot agree,
the Board shaii make the determination.
Subdivision 4. Tax Le . If authorized by law, the WMO may levy a tax.
The proceeds of any tax fevied under this subdivision shall be expended oniy for the
purposes authorized by law. The WMO may accumulate the proceeds of levies as an
alternative to issuing bonds to finance improvements.
Subdivision 5. General Fund. Each Member agrees to contribute each
` J
year to a general fund to be used for general administration purposes including, but not
limited to: improvement projects, salaries, rent, supplies, development of an overali plan,
insurance, bonds, and to purchase and maintain devices to measure hydro4ogical and
water quality data. The funds may also be used for any other purpose authorized by this
Agreement. The annual contribution by each Member shaVf be based frfty percent (50%}
on taxable market value (for the preceding year) and fifty percent (50%) on area in
accordance with the following formula:
JPARevised and RestatedLovver Mississippi WMO.DOC '� 6
11/19R001
C�S-Se-
Annuai Watershed Levy = L
Taxable MarkeY Value of a
Member's Property in the Watershed = MV
" Taxabie Market Value of All Property in the Watershed = TV
Acres of Property a Member Has in the Watershed = A
Totai Acres in Wafershed = TA
Member Required Contribution = C _
'/ZL x MV + �hL x A =C
TV TA
Subdivision 6. Capital Imarovement.
A. All capital improvements ordered by the Board must be inciuded in
the WMO's adopted capital improvement program. An improvement fund shall be
established for each improvement ordered by the WMO. If ordered by the Board,
each Member agrees to contribute to the funds its proportionate share of the
engineering, legal, and administratiye costs as determined by the amount to be
assessed against each Member as a cost of the improvement. The Board shaii
submit in writing a statement to each Member, setting forth in detail the expenses
incurred by the WMO for each improvement.
Each Member further agrees to pay its proportionate share of the cost of the
improvement in accordance with the determination of the Board, under Section 10,
Subdivision 7. The Board or the Member awarding the contract shall submit in
writing copies of the engineer's certificate authorizing payment during construction
and the Member being bifled agrees to pay its share of the costs within thifij (30)
:, days after receipt of the statement. The Board may also require payment from
Members before awarding a contract based upon an engineer's estimate of cost.
Billings wili then be adjusted when actual costs are known. The Board or the
fVlember awarding the contract shall advise other contributing Members of the
tentative time schedule of the work and the estimated times when the contributions
shall be necessary. .
B. Nofwithstanding the provisions of paragraph (A) of this Subdivision,
the W MO may a{so fund a!{ os any part of fhe cost of a capital improvement
contained in the capital improvement program of the plan in accordance with Minn.
Stat. § 1038.251. The WMO and Dakota County and/or Ramsey County may
establish a maintenance fund to be used for normal and routine maintenance of an
improvement constructed in whole or in part with money provided by Dakota and/or
Ramsey County pursuant to Minn. Stat. § 103B.251. �he levy and colfection of an
ad valorem tax levy for maintenance shall be by Dakota and/or Ramsey County
based upon a tax ievy resolution adopted by the WMO and remitted to the
JpARevised and RwtatedLower Mississippi WMO.DOC � 7
1 V19/2001
oa-sa
county(ies) on or before October 1 of each year. if it is determined to fevy for
maintenance, the WMO shall be required fo follow the hearing process established
by Minn. Stat. §103D.921. Mailed notice shall also be sent to the clerk of each
Member at least thirFy (30} days prior to the hearing.
� C. The WMO may also fund all or any part of the cost of a capital
improvement contained in the capftai improvement program of the plan in
accordance with Minn. Stat. § 103B.241.
Subdivision 7. Capital Cost Allocation of Improvements in the Board's
Watershed Manaqement Plan. All capital improvement costs of improvements designated
in the WMO's adopted Watershed Management Plan for construction by the WMO
pursuant to Section 10, Subdivision 6A of this Agreement shall be apportioned by the
following methods or a combination of these methods:
A. For improvements related to water quality:
1. �or water quality monitoring, water quality trend analyses, water
quality modefing, and water quality studies, the cost sharing wiil be proportionaf to
the tributary watershed area.
2. For water quality projects and mairrtenance, the cost sharing will be
based on Allowable Fiow, tributary area, and/or relative phosphorus loading.
3. The cost sharing for WMO operation of a future Watershed Outiet
Monitoring Program station, or other program that monitors the quality of the
stormwater runoff that discharges into the Mississippi River from the WMO, will be
proportional to the tributary watershed area.
4. Or other cost sharing method approved by the Board.
5. Pursuant to Minn. Stat. § 1036.251.
B. For improvements related to water quantity:
1. A Member shall be responsible for the costs of construction of that
portion of a drainage system that is located within its borders and that is necessary
to accommodate its Allowabie Flow and the Allowable Flow of all other tributary
Members.
2. A Member shall also be responsible for fts share of construction costs
of a drainage system, whether or not that system is located within its borders, that
is necessary to convey Excessive Flows originating within the Member's borders.
JPARevised and RestatedLower Mississippi WMO.DOC '� $
II/19f1001
oa - s'a-
3. Increased costs of construction incurred for acquisition of lands,
easements and righfs of way within natural watercourses shali be the obligation of
fhe Member in which the land lies and shall not be apportioned to other Members to
the extent that such costs exceed costs which would have been incurred if there
had been no improvement on such lands, easements, or rights of way.
4. Costs of construction shall include all costs associated with a WMO
approved improvement (whether trunk sewer or natural conveyance) and whether
or nof actuaily constructed, including, but not limited to, costs for design,
administration, construction supervision, legal fees, acquisition of lands and
improvements and actuai construcfion and maintenance costs.
5. The WMO shall consider any grant money received or to be received
by a Member for sanitary sewedsto�m sewes separation or for the construction,
reconstruction or replacement of storm sewer facilities before making cost
allocations among Members and may consider the application of any grant
proceeds toward the cost of the improvement before allocating costs between or
among the Members involved, provided that such allocation would not violate the
terms and conditions of the grant.
6. The attached Exhibit B is incorporated by reference and serves as a
compilation of general examples of cost allocation under this Agreement for the
hypotheticai circumstances stated in the examples.
Subdivision 8. Capital Cost Affocation of Improvements Delineated in Local
Watershed Manaaement Pians. All capital improvement costs incurred by the WMO for
improvements delineated in local watershed management plans that benefit only that
Member, which the WMO undertakes because the Memberfaiis to do so, shall be
• apportioned entirefy to that Member.
�
SECTION 11. SPECIAL ASSESSMENTS. The WMO shall not have the power to
levy speciai assessments. All such assessments shali be levied by the Member within
which the land is located.
SECTION 12. DURATION.
Subdivision 1. Each Member agrees to be bound by the terms of this
Agreement until January 1, 2012. It may be continued thereafter upon the agreement of
all the parties.
SPARevised and RestatedLower Mississippi PTMO.DOC - � 9
I t/19/2001
0.1.- S2-
Subdivision 2. This Agreement may be terminated priorto January 1,
2012, by the written agreement of a majority of the Members.
� Subdivision 3. In addition to the manner provided in Subdivision 2 for
termination, any Member may petition the Boasd to dissolve the WMO. Upon thirty (30)
days' notice in writing to the cierk of each Member, the Board shali hold a hearing and
upon a favorable majority vote of ali eligible votes of the Members, the Board may by
resolution recommend that the WMO be dissolved. The resolufion shaii be submitted to
each Member and 'rf ratified by a majority of the goveming bodies of ail Members within
sixty (60) days, the Board shall then give ninety (90) days written notice of its intent to
dissolve the WMO to Dakota County, Ramsey County and the Board of Water and Soil
Resources. After the expiration of this 90-day notice period, fhe Board shall dissolve the
WMO, allowing a reasonabie time to complete work in progress and to dispose of personal
properly owned by the WMO.
SECTION 13. DiSSOLUTION. Upon dissolution ofthe WMO ortermination ofthis
Agreement, all property of the WMO shall be sold and the proceeds thereof, togetherwith
monies on hand, shall be distributed to the Members. Such distribution of WMO assets
`�
shall be made in proportion to the totai contribution to the WMO required by the last annual
Budget.
SECTION 14. EFFECTIVE DATE. This Agreement shall be in fuli force and efFect
when all seven (7) Members file a cerfified copy of a resolution approving this Agreement
and have executed this Agreement and filed the executed Agreement with the Board. All
Members need not sign the same copy.
JPARevisedandRestatedl.owaMississippiWMO.DOC 20
i l/19/Z001
03-Sa—
IN WITNESS WHEREOF, the undersigned govemmental units, by action of
their goveming bodies, have caused this Agreement to be execufed in accordance with
the aufhority of Minn. Stat. § 471.59.
Approved by the City Council
, 20_
i3�
:;
Approved by the City Council
,20_
Attest:
Approved by the City Council
20_
BY:
Attest:
BY:
Attest:
C17Y OF INVER GROVE HEIGHTS
CITY OF LILYDALE
CITY OF MENDOTA HEIGHTS
CITY OF ST. PAUL
Approved by the City Council
,20_
Approved by the City Council
,20
JPARevised and RestatedLower Mississippi WMO.DOC
11/19/2001
BY:
Attest:
BY:
Attest:
21
CITY OF SOUTH ST. PAUL
o�- s'a.
Approved by the City Council
, 20_
Approved by the City Council
- - .
JPARevised and RestatedLOwer Mississippi WMO.DOC
iin4noat
CITY OF SUNFISH LAKE
BY:
Attest:
CITY OF WEST ST. PAUL
BY:
Its Mayor
BY:
Its City Manager
22
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Legal Boundary Map of the
Lower Mississippi River
Watershed Management Organization
1 0 1 Miles
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Exhibit A
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TION EXAMPLES FOR JOINT POWERS AGREEMENT � O c�-� a—
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EXAMPLE
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DESCRIPTION '
Two Citfes •
Two Lities With �7iversion In
7wo Cities 4tith IIiuersian Out
Three Cities •
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Watershed Seundary
Drainage Facility
Ci ty .Boundary
Detention Pond
Diverted Area
Exhibit B
Page 1 of 9
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� EXAMPLE ° A" - TWO CITIES . . � �
�Project: Construct project (Segments'a' and'ti) in City �7 to provide drainage
, - for Cities vfi and �7 under fu17y developed cundit9ons. = '
�Gost A1Tocation: ' •
. �� City �6: . Cost share = aE6 x Tota1 project cost for "a". � .
. �— . .
""� _ C'ity �7: Cost share = Totai project cost -� QE� x Tota1 project cost �
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W4Jere: QE6 ° �T6 - QA6>
QE6 �5 tfie design flow rate from City, �5�which is 'in
excess of the allowable filow rate from City �fi; �
QA6 is the aliowabie flow rate from City �6;
QT6 is the total design flow rate from City #6;
� Q is the total flow rate for which the project is designed
in each Segm�nt. ,
City �6: Cost share for SQgment "c" _. Zero doltar (no tributary flow).
Exhibit B
Page 2 of 9
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JOIKT POWERS AGREEMENT
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FXqMPLE "A" - TWO CITIES
Sample Calculations � • • � ' . .
Assu:ne: - • . .
City �5 - Area of Watershed'within City��5 = 775 acres •
Full developmeot runaff (�ib) = CIA = 0.40 x 2.�"/h x 175 = 140 cfs .
' Predeve7opment runoff (QA6? = CIA = 0.15 x 2.0"/h x I75 = 52.5 cfs
Then: . � � '. .
Excess runoff (QE6�3 (from formulae: QE = Q -(}� } = 8�,5 cfs .
la.,City �6 cost share for Segment °a" _$�'' x praject cost for "a" _.63 x.Project cost•
for "a", t4U . . , .
�;; (From formulae: •share = 4 E� x Project cost) , '
: . �t . �
Kote: Segment "a" ends at first point of entry into the system fran City �7. �
Assume:' ' . ' �
City #7 - Area nf Watershed within City �7 = 25D acres artd all flows from C�ty #7
enter system �by way of Segment "N'. . .
. Fu11 develupment runoff (Q = CIA =:50x1,8x250 = 225 cfs
Design flow for Segment " b" = Q T(SE6. TMa" + Qr� = 140 + 225 = 365 cfs
p, City �6 has no cost share ohTigation in Segment °c" when there is no tributary fTow
from City �6. . .
(continued)
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Exhibit B
Page 3 of 9
Y - �
JOINT POWERS AGREEMENT
oa-s�-
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3.::Lity �zb .cost share for Segment "b" _ x Project_ cost �For "b° = 0.24 Project
- .cost� of °b": � � � � - . 35�. • _ '
(From formulae: Share =� x Project cast) �
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• i�ote: . � . • . .
� City a6 can reduce the excess"fiow {QE6) 6 y detention ponding e4ert to the amount�
�.��'.•that ths rate of fiiow from City #6 iQT�I is no greater than the a7)owable filaw
' rate lQ afi )• Any rednttion in the total rate firom City �6 �eould.be applied to
the excess rate and thereby reduce the obligation o �b to sharE in the c�st
:.: �- af constructing any corrveyance system in City �7. � •
SUMMARY OF COSTS � • �
� Segment "a" • • - . . . . .
� City R6: Cost share = x Project cost for "a".. � .
• T��- • .
City �7: Cost share =�' x Project cost for °a°. '
• T�6
Segment "b"- • � " _
City ,',6: Cast share =$�'�'. x Pro.ject cost fior °b°. � .
. �b5
City #7:. Cost share = 277 x Projett cost for "b".
��65 . .
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Segment "c": � � �
City Lost share = Zero doliar (no tributary flaw}.
Caty �7: Cost = Ali of Project cost for "c"_
Exhibit B
Page 4 of 9
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JOINT POWERS AGREEMENT
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, EXAMPLE "B" - 7WJ CITIES WITH DIVERSION IPE '
•Project: Construcf Trunk facility "•a" in City �2 on'!y for C�ities �2 and �3
uoder fuiiy developed con�itions. � '. . "
c ; . , - . .
Gost A7location: • • • • '
� City �3: Cost SI1dT'2 = 4E3 x 7ota1 "project. cost_ � �
• —� . - .
Where QE3 ° QT3 — QA3 ' �
� Artd Q� is the design flow rrom City �3 as described in
-� Example "A" plus ali flows coming from the area diverted. .�
A1l facilities withiii City.�3 are constructed by Gity �3. �
Detention in City �3 can redute.QE3; . •
Q and Q are as defined in Example °A". .
Note: ThSs case applies only where waters are diverted from one Lity to
ano�her City or from one major drainage dis�rict to another.
, . � � Exhibit B
Page 5 of 9
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EXAMPIE "C" — TWO CITIES b�ITH DIVERSTQh OUT �
Project: Construct Trunk 5egments "a", "b", "c" in City #3 under fu71y
develaped conditinns. � • � •
Cost Allocation: '
City �3: Cost share for 5egment °a" = Zero dollars. '
Note
' (alt flows have been diverted•away)
Cost share far 5egment " b" = RE x Total project cnst for °b".
-� .
4lhere: Q is the excess flow from City #3 that is tributary �
to 5egment "b" only. .
Ci.ty #3: Cost sfiare for Segment "c° = 4E3 x Tota1 project cost for "c".
. �� .
Where: QE3 is the excess f3ow firom City �3 that is tributary to
. Segment "c" calcutated as QF3 tributary to "b" minus QA3
that would have been tributary to "a" had there been no -
diversion out of tfie drainage district. •
QT attd_Q ar� as defined in Exampte "A".
This caee applies only where waters are diverted from one City to another City.
or from one major drainage district to another. �
Exfiibit 8
Page 6 of 9
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" EXAMPLE "D" - TNREE CI7TE5 - �
(See Example "A" for Q7� Qp and QE )
Project: .Construct Project (5egments "a"., °b" and "c"} in City T4 to provide
drainage for Cities #3, �4, and �5 under fully developed conditions.
Cost AlTocatiotts: • � . �
City �3: Cost share Segment "b°, = 4E3 x Praject �ost for °6".
� . �i— .
�Cost share.Segment "a" = Zera dollars (no tributary fi6w?:
. Cost share Segment "c" = QE� x Praject cost for "c".
._ � _� . �
City �5 yost share Segment °a" = RES x Project tost for "a".
- �i -
� � Cost share Segment "b" = Zero Dollars (no tributary fTow).
Gost share Segment "c" _�$ x Project cost for "c",
�-
Where: Q is the total flow rate for which each�respective Segment
is designed.
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• Exhibit B
' _ . Page 7 of 9
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JOINT POWERS AGREEMENT
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EXAMPLE "E" - A�DED POhQIN6
{See Example "A" for definition of Q , Q and Q �
Project: Construct 7runk "a", Detention Pond "b" and Outlet "c" for cities �5 and �6 under
' ' fu17y iieveloped conditions.
�ost Allocation: ' '
City n5 i�runk "a"): Cost share = 4ES x Project cost ot Trunk "a".
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- Where: Q is the total flow rate in Trunk "a". . �
City r5 (Pond "b"): Cost share = vE � x Project cost of Pond "b". �
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Where: �VES is the design Volum� of run�ff fra;n City �5 wh9ch is in . �,
excess of the allowabte Volume from City �5;
YT is the total Volume used in the design af tFie detenfiion pond.
� City �5 {Outl.et "c"): Cost share =� x Project cost afi 4utlet °c"_
� Where QF5 is reduced from Trunk '�a" Inlet Q hy the ratio of Dutlet.QT�
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In1et QT is the sumnation of a11 flaws into the pond;
tlutlet QTis the total flow�rate out.af the pond under design�conditions.
Note: See Page 9 for sample calculations • •
Exhibit B
� . � Page 8 of 9
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' EXAMPLE "E" - AD�E� PON�ING �
Sampie'calculation for City #5 cost share for Outlet "c": �
Rssume: �
RES = 50 cfs •
. Q Pond inflav in Segrerrt "a" = 500 cfs ' •
Q Pond inflow from other areas = 200 cfs . �
g 4T Pond inflow = 700 cfs .
Qi P3nd Outlet "c" = 100 cfs
And:. ' . '
� 4E5 (DU?LET) ° �Fb'(IHLET) X �-(O�7�ET)
. .�Q7 (INLET)
City �5 cest share = �s {nur�er) - >
x Project cost �f Datlet "c"
. T (� OUTLETJ
Then: �
Q� (for Segment "c") _��� x 50 = 7:14 cfs
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Lity �5 cost share = �' x Project cost of Outlet "c"
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�xhibit B
Page 9 of 9
JOINT POWERS.AGREEMENT