Agenda - Council Work Session - 01/14/2014

Home

Kennedy Graven CHARTERED 434997v1 LW105 -1 Charles L. LeFevere 470 US Bank Plaza 200 South Sixth Street Minneapolis MN 55402 (612) 337 -9215 telephone (612) 337 -9310 fax clefevere@kennedy- graven.com http: / /www.kennedy- graven.com MEMORANDUM Date: November 11, 2013 To: Lower Rum River Watershed Management Commission From: Charles LeFevere Re: Proposed Changes to Joint Powers Agreement 1. INTRODUCTION The Lower Rum River Watershed Management Organization ( "LRRWMO ") has requested my comments on proposed changes to the LRRWMO's Joint Powers Agreement. There are two significant reasons to consider amendment to the Joint Powers Agreement ( "JPA ") at this time. One is the proposal that Coon Rapids withdraw from the LRRWMO and attach its territory within the LRRWMO watershed area to the Coon Creek Watershed District. The second is that the JPA expires, by its own terms, on January 1, 2015. In addition, the City of Ramsey has requested several other changes to the JPA, most notably a proposal to use weighted voting on capital improvement projects. The JPA is a contract between and among the four member cities, and it can only be amended with the consent of all four city councils. Therefore, although the comments of the Commission may be helpful to the city councils, the Commission does not have any authority to approve or disapprove changes to the JPA. 2. EFFECT OF FAILURE TO EXECUTE A NEW JPA The existing JPA will continue to be in effect until a new agreement is approved by all four of the member parties or the JPA is otherwise terminated in accordance with its terms. If the member city councils are unable to agree on any proposed amendment, Coon Rapids will have to continue to be a member of the LRRWMO until the JPA expires by its own terms on January 1, 2015 (unless the JPA is earlier terminated in accordance with its terms). Page 1