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CASE g~ LOWER RUM RIVER WATER MANAGEMENT ORGANIZATION PROPOSED JOINT POWERS AGREEMENT By: Steven Jankowski, City Engineer Background: The current Joint Powers Agreement has been in place since the inception of the organization back in 1985. In addition to some concerns the WMO Attorney had regarding the Joint Powers Agreement when he was retained by the Organization, state law changes mandate that a revised agreement be adopted by August 1, 1993. The WMO Attorney has advised us that circumstances will allow a reasonable grace period for the August 1, 1993 adoption date, but we should nonetheless attempt to meet the compliance dam as srx)n as possible. The attached transmittal letter from Attorney Curtis A. Pearson summarizes the changes made to the existing Joint Powers Agreement. In addition, I believe the Attorney has prepared a good synopsis of the rationale behind mating the WMO in the preface to the agreement. The inspection of many of thc provisions within this agreement are significant. In particular, attention should be directed to Subdivisions 8, 9 and 10 on page 12 of the agreement. These provisions allow the WMO to order any member to construct, alter, abandon, repair or maintain any piece of storm drainage system. Also, even though the preamble states that it is not the intention of the alisa-let to have many capital projects, Section VII presents a procedure whereby projects could be ordered by thc Commission and then directed to be implemented by member cities. Although these provisions rosy be onerous to the Council, as boardmembers we have been advised by our attorney that these are necessary requirements imposed by current state law. Finally, there has been some concern regarding the distribution of organization costs among the four member communities. For operational costs of the organization, the current distribution formula is unchanged from the existing agreement. This formula is based 50% by property value and 50% by area of each member. However, page 28 of the agreement outlines several alternatives for the sharing of capital costs the organization may incur including suggesting negotiated cost shares on most projects. Auachmcnts: 1) 2) 3) 4) Transmittal letter from Curtis A. Pearson Proposed Joint Powers Agreement Existing Joint Powers Agreement Current Lower Rum River Water Management Organization Member Operating Cost Assessments Committee Action: Based on discussion. Reviewed By: City Administrator Finance Officer City Engineer FC: 08/24/93