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Kennedy <br />Graven <br />CHARTERED <br />Date: <br />To: <br />From: <br />Re: <br />439470v1 LW105 -1 <br />February 10, 2014 <br />Lower Rum River Watershed Management Commission, Commissioners and <br />Alternates <br />Charles LeFevere <br />Charles L. LeFevere <br />470 US Bank Plaza <br />200 South Sixth Street <br />Minneapolis MN 55402 <br />(612) 337 -9215 telephone <br />(612) 337 -9310 fax <br />clefevere@kennedy-graven.com <br />http : / /www.kennedy- graven.com <br />MEMORANDUM <br />Joint Powers Agreement Amendment <br />Attached is a draft joint powers agreement (JPA) for the LRRWMO and a redline showing changes <br />from the current JPA. <br />The changes are prompted by the request from the Commission that an attempt be made to clarify <br />certain provisions of the joint powers agreement, particularly relating to the funding of capital <br />improvement proj ects. <br />In the attached draft, I have also attempted to "clean up" the joint powers agreement to a limited <br />extent. A number of the changes are simply intended to: <br />1) Update citations to state law and make the form of citations uniform; <br />2) Provide for the consistent use of defined terms, <br />3) Clean up some typos and grammatical errors; and <br />4) Make changes necessary to reflect the fact that Coon Rapids is no longer a member. <br />One substantive change would extend the term of the agreement for another ten years to January 1, <br />2025. <br />Most of the changes, however, have to do with the funding of capital projects. It seems to me that it <br />is not altogether clear whether it is the intent of the current JPA that the decision of the Commission <br />