Agenda - Council Work Session - 06/17/2014

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AMENDED AND RESTATED 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 PREFACE The Lower Rum River Watershed lying East of the Mississippi River is a watershed that is basically a direct tributary to the Mississippi River. It encompasses all or parts of the cities of Andover, Anoka and Ramsey (the "Member Cities "). Minnesota Laws of 1982, Chapter 509, now codified as Minnesota Statutes 2012, Sections 103B.201 through 103B.255 mandated that all watersheds within the seven county Metropolitan area must be governed by a watershed management organization. The watershed is authorized to organize under a joint powers agreement pursuant to Minnesota Statutes, Sections 471.59 and 103B.211. If such an organization is not created, Anoka County shall petition for the establishment of a watershed district under Minnesota Statutes, Chapter 103D. All the cities in the Lower Rum River Watershed expressed a desire in 1985 to create a joint powers group rather than a watershed district and now desire to adopt an amended joint powers agreement to establish a watershed management organization, which will comply with the current law for management of the watershed. It is the belief of these three cities that a joint powers group will provide more efficient planning and administration of the Lower Rum River Watershed if the watershed is managed under a joint powers agreement. The goal is to leave as much control as possible with the three individual Member Cities. It has been determined by the three Member Cities that they desire to proceed under a Joint Powers Agreement rather than under Minnesota Statutes, Chapter 103D as a watershed district. Each party to this agreement has been fully advised that the watershed management organization being created shall have the powers and responsibilities set forth in the Metropolitan Surface Water Management Act, Minnesota Statutes, Sections 103B.201 through 103B.255 and as amended by this Agreement. It is further understood and agreed that it is the intent of this agreement to assign to the watershed management organization, which has operated since 1985, the additional powers and duties assigned by the Minnesota legislature. The management of water resources is a rapidly changing field and new laws and regulations are being adopted and amended frequently and it should not be necessary to amend this agreement every time the legislature enacts a new law. Each Member City further recognizes that this is a binding contract and failure to cooperate or to carry out a Member City's responsibilities will result in a breach of this contract. The purpose of this organization shall be to assist the three Member Cities to preserve and use natural water storage and retention systems to: 438695v4 LW105 -1 1