Agenda - Council Work Session - 03/11/2014

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created by this Agreement is dependent upon the sincere desire of each member City to cooperate in the exercise of a joint power to solve joint problems. Each party here byhereby agrees to be bound by this agreement and pledges its cooperation. JOINT AND COOPERATIVE AGREEMENT The parties to this Agreement are governmental units of the State of Minnesota, all of which have lands whichthat drain surface water within the Lower Rum River Watershed and all of which have power and responsibility to construct, reconstruct, extend and maintain storm water management facilities to improve water quality, to promote groundwater recharge, and to protect, promote and preserve water resources within the WatershedsWatershed. This agreement is made pursuant to the authority conferred upon the parties by Minnesota Statutes 1992,2012, Sections 103B.201 to and includingthrough Section 103B.251255 and Section 471.59. NAME I. The parties liefetehereby create and establish the Lower Rum River Watershed Management Commission. GENERAL PURPOSE II. The general purpose of this agreement is to provide an organization whichthat can investigate, study, plan and control the construction of facilities to drain or pond storm waters, to alleviate damage by flood waters; to improve the creek channels for drainage; to assist in planning for land use; to repair, improve, relocate, modify, consolidate or abandon, in whole or in part, drainage systems within the watershed area; to do whatever is necessary to assist in water conservation and the abatement of surface water and groundwater contamination and water pollution and the improvement of water quality; to promote ground water recharge; and to protect and enhance fish and wildlife habitat and water recreational facilities. In addition to the aforestated purposes, the organization hereby created shall serve as the Watershed Management Organizationwatershed management organization for the Lower Rum River Watershed and shall carry out all of the duties and responsibilities outlined in Minnesota Statutes, ScctionSections 103B.201 through 103B.251, both inclusive.255. 438695v23 LW105 -1 DEFINITIONS III. For the purposes of this Agreement, the terms used herein shall have the meanings as defined in this article. Subdivision 1. "Commission" means the organization created by this agreement, the full name of which is "Lower Rum River Watershed Management Commission." It shall be a public agency of its members and a watershed management organization as defined in Minnesota Statutes, Section 103B.211. 3