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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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 i8 19 20 21 22 23 24 25 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 oa- s� 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 oa-sa 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 o�-Sa 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 St. � � i ��.; ° �17� 3 .� _ � � I _ .: ; .. . ..... ; _. - � -.: . : i:'.::" :..;_ � •; ::.:. :... ...::�;._.. . ,.,. :. , : : .: . :: :. .. .. � :' z'� a ., ; ,, ; ... ,: : m .. :: .. . . . , .:...._. q . ..: .... ;:�..:�;.: . : ;,,. : ....: :,;. . ; . � : -- ': ..•:::- ; - �'-� ; ��.'�::��:`:.. , ,:r.�...:;::��--:- . . J._ :.. .: .:.:�. .% . . .: .... .. . : ::•' :. :. �. .,- : ' �. ' : . • .:. .: � � . . ...: ...; '. �'..'.. . . . .. . , . . . .-�:.: .: :• . '. . . -�.:.:.�. .. .. .... . .. �:. ' . ' :� : :".::. ., : � �: �� Jr' '... -... :.::"::. : � �- . . . ......:::: :::: .:....: � '.. �'i� � ' � .� . .. ._:..-"-'...... � . �� y m � :� . : .: ��::: ..:.::.� .-, ' . .. . . . - . . 'p �� :::. .: : `� ' _ : `: ' :. . ' . . �': . ' ' . . .._ : 3; ' � �� Inver � � n � L a � Legal Boundary Map of the Lower Mississippi River Watershed Management Organization 1 0 1 Miles O�-S� Exhibit A N � ��� _ 1 � �� — i j /�. . �� ��� l/ � � � ��v � I ��,Q' l�l �! TION EXAMPLES FOR JOINT POWERS AGREEMENT � O c�-� a— , ' ' � . �• ° � �. .�. ' � .. � . ���� � �,,� � _ / � -/� � � _ .� '� � .� . � 't . f�� � �� � . ,_ ,r � �- - / _. . _ \ � j �` . / � .� � „_ 1 ! 6�i � �.� �v� • . j1 �- E �t � /� _-�. / '' - ' � 1 . 1\\ •� � � ; `1���� A ; EXAMPLE A. B. � C. B. E. � - .�_'', / . t � B ;---�— -- �' .— � � , �� � � �� � . � � � , � � .. . �� . � ` - p�_` - _ "_ -� ` 1 .. _ �. � `� � ���� . �+. .�.� ...,r ..� � . ",,,, r.. _ DESCRIPTION ' Two Citfes • Two Lities With �7iversion In 7wo Cities 4tith IIiuersian Out Three Cities • Added Pond9ng LE6END •�,�, y .� � -- .--r � C� •�L_�� Watershed Seundary Drainage Facility Ci ty .Boundary Detention Pond Diverted Area Exhibit B Page 1 of 9 -. � � . � . _.. . ,� � , , JOIiVT•POWEBS A6REEM@NT - � i /�% . . _ � . � -�� � -- _ ;/,. m r . . . . _: 1 f �, .. - -- - � � : ;� /. i � � . . - Y. � . \. �P ,.� � � . . �6 � -- . . . � .. .. ,;: t.. � � \ ` 'C � � � . / _� � t . :=. . . , : � . . .-: -- . . � . . �_` J / . . . � , � �� .. .��� .s . � � . �� �� � • � . Od-- S�- t :�� f, � ;� ' f �� . � 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 � � 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 . - • . + l /� � ; /. . . / li JOIKT POWERS AGREEMENT - � J. � - � -- G � : i� �_ �` �' � � ` � / •' 36S �� r. ' �% . y . ,.. ��. ._ !,/ \ ' � r \ : \�._ . � � \ � • , �Wr�!g� � �q e � z5o ac Z zs'��LS \ � b �-- Sa f . � 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" _$�'' x praject cost for "a" _.63 x.Project cost• for "a", t4U . . , . �;; (From formulae: •share = 4 E� x Project cost) , ' : . �t . � Kote: Segment "a" ends at first point of entry into the system fran City �7. � Assume:' ' . ' � City #7 - Area nf Watershed within City �7 = 25D acres artd all flows from C�ty #7 enter system �by way of Segment "N'. . . . Fu11 develupment runoff (Q = CIA =:50x1,8x250 = 225 cfs Design flow for Segment " b" = Q T(SE6. TMa" + Qr� = 140 + 225 = 365 cfs p, City �6 has no cost share ohTigation in Segment °c" when there is no tributary fTow from City �6. . . (continued) -- � � .. ` r7sQ� � �4ocfs � �� - � Q l , 8 � s ' � G�1 . • . " � /' � • �� , �� . Exhibit B Page 3 of 9 Y - � JOINT POWERS AGREEMENT oa-s�- � • -'Tfien r ' � " " 3.::Lity �zb .cost share for Segment "b" _ x Project_ cost �For "b° = 0.24 Project - .cost� of °b": � � � � - . 35�. • _ ' (From formulae: Share =� x Project cast) � � � �_ . . , . • i�ote: . � . • . . � City a6 can reduce the excess"fiow {QE6) 6 y detention ponding e4ert to the amount� �.��'.•that ths rate of fiiow from City #6 iQT�I is no greater than the a7)owable filaw ' rate lQ afi )• Any rednttion in the total rate firom City �6 �eould.be applied to the excess rate and thereby reduce the obligation o �b to sharE in the c�st :.: �- af constructing any corrveyance system in City �7. � • SUMMARY OF COSTS � • � � Segment "a" • • - . . . . . � City R6: Cost share = x Project cost for "a".. � . • T��- • . City �7: Cost share =�' x Project cost for °a°. ' • T�6 Segment "b"- • � " _ City ,',6: Cast share =$�'�'. x Pro.ject cost fior °b°. � . . �b5 City #7:. Cost share = 277 x Projett cost for "b". ��65 . . �� ' � . � 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 � . - � _ . JOINT POWERS AGREEMENT 3 ,� � � . . ._ 1 .� .. .� . •.1 _ ., i � p!ivtt�cJ tiei . . '�. . �` � � � e�- — c� � , ; .. . _ . . ' - � . . . . \ `` � . . '��, ��!"� .-- - ` � ��_ — _ . � : �/ � . � � �. �� . �� �. �� . ,;; � _.. ����. i � , 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 } .i x � i: � JOINS POWERS AGREEMENT O � �� ' 9 � /'� --� ��- . . ' / � �� `1 ' / _ � '� . • , � � ( _ _ �-�-- - _ �_ : � , � . � � - � . � _ � -�� ;� �� � �� . Q l . � �� . �� ► : ��.�'�.�i -� �� . � ``_ . .. ! � �✓e.�.al o�sw �� �� � 1 r 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 � 9 � . . �.. . . � � ..-/ � l/ 1 � , . . JOINT POWERS AGREEMENT e `� �� ` �_ � � � :9 t � : 1b \ . 4 . . � \ _ . � � � \ .. � --- -�� � � � . ~ � ` �. � 1 � � � � . � � __ � . . � .� -_�-.__ � - � . . `' '-- '`� � � " 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. _ \f j ' �l) i 7 . � L�L '` • Exhibit B ' _ . Page 7 of 9 � � . ` • t '�, . �' i . I �.� � ,�, :. !J . �; r � i.� `;� � ` Z ,; , �Y i /� :� JOINT POWERS AGREEMENT � � �' «��t�' -_ , \ �/' �. i/ . � 1�� �� oa.-Sa-: . / s _ -� � ` ; ! ��� � �� . : � . �� . � � � / � = . . � � . _. � ,� � � -- - � 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 � �o �,° � _ � � � (A . , ... � - . i t .� � . �.� � � / %ti� • _ f) '.� �6 � . r � . " � . . ,, .,; . �. y � / , � tG � j = (b� �r f , i T.: . �_ ��� �/ � O Q . I G�T: � GO S�S � � � . `/;' � ` Qr �f •\ �� . � -- -.._. . � oa-- S� � � .. , \ � � \ � � . � . . . � ,a �� • � . ' -.I ,- � � . '. , / ` 1 . � /" � � � / ' ��' � � � . ...- . . a ` ' 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 22 23 24 25 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 oa- s� 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 oa-sa 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 o�-Sa 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 St. � � i ��.; ° �17� 3 .� _ � � I _ .: ; .. . ..... ; _. - � -.: . : i:'.::" :..;_ � •; ::.:. :... ...::�;._.. . ,.,. :. , : : .: . :: :. .. .. � :' z'� a ., ; ,, ; ... ,: : m .. :: .. . . . , .:...._. q . ..: .... ;:�..:�;.: . : ;,,. : ....: :,;. . ; . � : -- ': ..•:::- ; - �'-� ; ��.'�::��:`:.. , ,:r.�...:;::��--:- . . J._ :.. .: .:.:�. .% . . .: .... .. . : ::•' :. :. �. .,- : ' �. ' : . • .:. .: � � . . ...: ...; '. �'..'.. . . . .. . , . . . .-�:.: .: :• . '. . . -�.:.:.�. .. .. .... . .. �:. ' . ' :� : :".::. ., : � �: �� Jr' '... -... :.::"::. : � �- . . . ......:::: :::: .:....: � '.. �'i� � ' � .� . .. ._:..-"-'...... � . �� y m � :� . : .: ��::: ..:.::.� .-, ' . .. . . . - . . 'p �� :::. .: : `� ' _ : `: ' :. . ' . . �': . ' ' . . .._ : 3; ' � �� Inver � � n � L a � Legal Boundary Map of the Lower Mississippi River Watershed Management Organization 1 0 1 Miles O�-S� Exhibit A N � ��� _ 1 � �� — i j /�. . �� ��� l/ � � � ��v � I ��,Q' l�l �! TION EXAMPLES FOR JOINT POWERS AGREEMENT � O c�-� a— , ' ' � . �• ° � �. .�. ' � .. � . ���� � �,,� � _ / � -/� � � _ .� '� � .� . � 't . f�� � �� � . ,_ ,r � �- - / _. . _ \ � j �` . / � .� � „_ 1 ! 6�i � �.� �v� • . j1 �- E �t � /� _-�. / '' - ' � 1 . 1\\ •� � � ; `1���� A ; EXAMPLE A. B. � C. B. E. � - .�_'', / . t � B ;---�— -- �' .— � � , �� � � �� � . � � � , � � .. . �� . � ` - p�_` - _ "_ -� ` 1 .. _ �. � `� � ���� . �+. .�.� ...,r ..� � . ",,,, r.. _ DESCRIPTION ' Two Citfes • Two Lities With �7iversion In 7wo Cities 4tith IIiuersian Out Three Cities • Added Pond9ng LE6END •�,�, y .� � -- .--r � C� •�L_�� Watershed Seundary Drainage Facility Ci ty .Boundary Detention Pond Diverted Area Exhibit B Page 1 of 9 -. � � . � . _.. . ,� � , , JOIiVT•POWEBS A6REEM@NT - � i /�% . . _ � . � -�� � -- _ ;/,. m r . . . . _: 1 f �, .. - -- - � � : ;� /. i � � . . - Y. � . \. �P ,.� � � . . �6 � -- . . . � .. .. ,;: t.. � � \ ` 'C � � � . / _� � t . :=. . . , : � . . .-: -- . . � . . �_` J / . . . � , � �� .. .��� .s . � � . �� �� � • � . Od-- S�- t :�� f, � ;� ' f �� . � 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 � � 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 . - • . + l /� � ; /. . . / li JOIKT POWERS AGREEMENT - � J. � - � -- G � : i� �_ �` �' � � ` � / •' 36S �� r. ' �% . y . ,.. ��. ._ !,/ \ ' � r \ : \�._ . � � \ � • , �Wr�!g� � �q e � z5o ac Z zs'��LS \ � b �-- Sa f . � 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" _$�'' x praject cost for "a" _.63 x.Project cost• for "a", t4U . . , . �;; (From formulae: •share = 4 E� x Project cost) , ' : . �t . � Kote: Segment "a" ends at first point of entry into the system fran City �7. � Assume:' ' . ' � City #7 - Area nf Watershed within City �7 = 25D acres artd all flows from C�ty #7 enter system �by way of Segment "N'. . . . Fu11 develupment runoff (Q = CIA =:50x1,8x250 = 225 cfs Design flow for Segment " b" = Q T(SE6. TMa" + Qr� = 140 + 225 = 365 cfs p, City �6 has no cost share ohTigation in Segment °c" when there is no tributary fTow from City �6. . . (continued) -- � � .. ` r7sQ� � �4ocfs � �� - � Q l , 8 � s ' � G�1 . • . " � /' � • �� , �� . Exhibit B Page 3 of 9 Y - � JOINT POWERS AGREEMENT oa-s�- � • -'Tfien r ' � " " 3.::Lity �zb .cost share for Segment "b" _ x Project_ cost �For "b° = 0.24 Project - .cost� of °b": � � � � - . 35�. • _ ' (From formulae: Share =� x Project cast) � � � �_ . . , . • i�ote: . � . • . . � City a6 can reduce the excess"fiow {QE6) 6 y detention ponding e4ert to the amount� �.��'.•that ths rate of fiiow from City #6 iQT�I is no greater than the a7)owable filaw ' rate lQ afi )• Any rednttion in the total rate firom City �6 �eould.be applied to the excess rate and thereby reduce the obligation o �b to sharE in the c�st :.: �- af constructing any corrveyance system in City �7. � • SUMMARY OF COSTS � • � � Segment "a" • • - . . . . . � City R6: Cost share = x Project cost for "a".. � . • T��- • . City �7: Cost share =�' x Project cost for °a°. ' • T�6 Segment "b"- • � " _ City ,',6: Cast share =$�'�'. x Pro.ject cost fior °b°. � . . �b5 City #7:. Cost share = 277 x Projett cost for "b". ��65 . . �� ' � . � 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 � . - � _ . JOINT POWERS AGREEMENT 3 ,� � � . . ._ 1 .� .. .� . •.1 _ ., i � p!ivtt�cJ tiei . . '�. . �` � � � e�- — c� � , ; .. . _ . . ' - � . . . . \ `` � . . '��, ��!"� .-- - ` � ��_ — _ . � : �/ � . � � �. �� . �� �. �� . ,;; � _.. ����. i � , 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 } .i x � i: � JOINS POWERS AGREEMENT O � �� ' 9 � /'� --� ��- . . ' / � �� `1 ' / _ � '� . • , � � ( _ _ �-�-- - _ �_ : � , � . � � - � . � _ � -�� ;� �� � �� . Q l . � �� . �� ► : ��.�'�.�i -� �� . � ``_ . .. ! � �✓e.�.al o�sw �� �� � 1 r 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 � 9 � . . �.. . . � � ..-/ � l/ 1 � , . . JOINT POWERS AGREEMENT e `� �� ` �_ � � � :9 t � : 1b \ . 4 . . � \ _ . � � � \ .. � --- -�� � � � . ~ � ` �. � 1 � � � � . � � __ � . . � .� -_�-.__ � - � . . `' '-- '`� � � " 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. _ \f j ' �l) i 7 . � L�L '` • Exhibit B ' _ . Page 7 of 9 � � . ` • t '�, . �' i . I �.� � ,�, :. !J . �; r � i.� `;� � ` Z ,; , �Y i /� :� JOINT POWERS AGREEMENT � � �' «��t�' -_ , \ �/' �. i/ . � 1�� �� oa.-Sa-: . / s _ -� � ` ; ! ��� � �� . : � . �� . � � � / � = . . � � . _. � ,� � � -- - � 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 � �o �,° � _ � � � (A . , ... � - . i t .� � . �.� � � / %ti� • _ f) '.� �6 � . r � . " � . . ,, .,; . �. y � / , � tG � j = (b� �r f , i T.: . �_ ��� �/ � O Q . I G�T: � GO S�S � � � . `/;' � ` Qr �f •\ �� . � -- -.._. . � oa-- S� � � .. , \ � � \ � � . � . . . � ,a �� • � . ' -.I ,- � � . '. , / ` 1 . � /" � � � / ' ��' � � � . ...- . . a ` ' 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