Agenda - Council Work Session - 01/14/2014

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SECOND AMENDMENT TO THE JOINT AND COOPERATIVE AGREEMENT FOR THE ESTABLISHMENT OF THE LOWER RUM RIVER WATERSHED MANAGEMENT ORGANIZATION TO PLAN, CONTROL AND PROVIDE FOR THE DEVELOPMENT OF THE LOWER RUM RIVER WATERSHED THIS AMENDMENT is entered into as of the last date of execution by the Cities of Andover, Anoka, Coon Rapids and Ramsey, Minnesota (the "Parties). WHEREAS, the Parties entered into a joint powers agreement, effective September 5, 1995, entitled the Joint and Cooperative Agreement for the Establishment of the Lower Rum River Watershed Management Organization to Plan, Control and Provide for the Development of the Lower Rum River Watershed ( "the Agreement "); and WHEREAS, the Agreement expired on January 1, 2005; and WHEREAS, by Amendment effective November 6, 2007, the parties ratified all acts of the Commission since the expiration of the Agreement and agreed to be bound by the Agreement until January 1, 2015; and WHEREAS, the City of Coon Rapids petitioned the Minnesota Board of Water and Soil Resources to discontinue its membership in the Commission and that petition is expected to be granted; and WHEREAS, upon the City of Coon Rapids' departure from the Commission, the Commission will be reduced to three members; and WHEREAS, pursuant to Article VIII, subdivision 2, of the Agreement, the City of Ramsey's annual contribution to the general fund historically accounted for approximately 45% of the total paid by the four Parties; and WHEREAS, in light of the City of Ramsey's percentage contributions and the reduction in the number of members, it is appropriate to modify the voting structure of the Board members. NOW, THEREFORE, based on the mutual covenants contained herein, the Parties agree as follows: 1. The words, "Coon Rapids" shall be deleted from the Preface and all references to "four" cities or members shall be changed to "three."