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HomeMy WebLinkAbout1996-143 . - . :. ~ RESOLUTION NO. 96-143 ADOPTING AMENDED JOINT POWERS AGREEMENT BROWN'S CREEK WATERSHED MANAGEMENT ORGANIZATION BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the Joint Powers Agreement for the Brown's Creek Watershed Management Organization, as amended (attached as Exhibit A) is hereby adopted. Adopted by Council this June 4, 1996. ATTEST: J " i. Additions are underlined. Deletions are stricken through. Ex hi btt p.., Re~ ~ 96..,143 , JOINT POWERS AGREEMENT TO PROTECT AND MANAGE THE BROWNS CREEK WATERSHED THIS AGREEMENT is m~de ~nd entered into a~ of the d~te of execution, by oHd Bot~leGn the parties anit.l!i af ~eVCrnl'l\CHt within to create the Browns Creek Watershed Management Organization (hercin~fter referred to ~::; "WHO"). Each party realizes that the success or failure of the Browns Creek Watershed Management Organization created by thio agreement is dependent upon the desire of each member community to cooperate in the exercise of joint power to solve a common problem. Each party to this agreement pledges its cooperation to meet the requirements of the Metropolitan Surface Water Management Act, Chapte~~~~wg 1902. (!liaH. ctat. 473.879-472.iSl~) Minn. Stat. ~li103B.201-.255 (1994 & Supp. 1995). as amended. llITN'EaaE'I'II: . WHEREAS, the munioipalitiQc a~Q t~wn.aipL parties are qovernmental units within the Browns Creek Watershed. all of which have power and responsibility to construct. maintain storm water manaqement facilities to improve water quality. to promote qround water recharqe. and to protect. promote and preserve water resources wi thin the Watershed; and h:rlo :lUthori ty purouant to --ltiRnw.-S~a1;. {71.s9 to jointly ::mdjor oooporatively sy a~reoment, QXQrc1E::g any PQ~lQrE:: COIQlRon to tho oontraotincj partieo 1 and, WHEREAS. the parties have authority pursuant to Minnesota Statutes section 471.59 to jointlY and or cooperativelY by agreement. exercise any powers common to the contracting parties; and WHEREAS. the parties have authority pursuant to Minnesota Statutes section 103B.211 to iointly or cooperativelY manaqe or plan for the manaqement of surface water in the Watershed: WHEREAS, the parties ed'e desir&1:!5g, ~ to cooperatively develop~a .urfacQ Watershed Management Plan for the Watershed and to institut~ programs to conserve soil and water resources through implementation of practices that preserve and use natural storage areas, control excessive volumes and rates of run-off, effectively reduce or prevent erosion and sedimentation, promote ground water recharge, improve water quality and prevent flooding in order to protect and manage the natural and a~~ificial water conveying systems of the Browns Creek Watershed~~ ~nd . HW.IU~A. I tRQ p:dlrtioo h3'1C r::j c:Jted the al tcrnoti ve of Uinn. btat. CB~pt:9r IlJ sGoauoo thcy, thcmoclvco, individually and col19cot i u91y h.ug hro.a pouorc uhion maltc l36!33iblc the at.t.ainment of thg p1.lrp~t:~~ };lorgiFl \:ithout c3t-abli:shinq an additional taxing ~l1t-}-l''''~i t-y ~ nri Tori thout it:ol.ting docicion tftJ..lc.inlJ furthcr from t.he glgco+-oratv> J . now 1 Therefore, the parties t.o t.hi.!! aqrccment do mutually agree as follows: ARTICLE ~ .1 General Purpose 1.1 It is The general purpose of t.he part-~c3 to this 2greement is to establish an organization to jointly and cooperatively develop and implement a Surface Watershed Management Plan and program,2 to prgt:grvQ and U~G natural lfJ..tcr ctorJ..gc and rQtQntion ~YQtgm in ordor t02 il) Rgdu~g - to tho qreatoct praotioal extent the pUblic capital gxpgnditUr'iUa RQCQSSlUT to oontrol cl!Oc!313ive v6Iu:me~ and rat-e~ of run off; b) Improug wiltQr qua.lity: C') Preuent flooding and crocion from ::surface flows, d) PromotQ ground ~~ater rochar~G: c) rrotcct and enhance fish and wildlife habitat ailll Wd.L~L. rQcrgational faoilitico, and f) SQcurQ other benefits accooiatcd ~ith thc proper managemQnt gf ~urfage 't:atcr. . .al. protect, preserve. and use natural surface and qroundwater storage and retention systems: Ql minimize public capital expenditures needed to correct floodinq and water quality problems: ~ identify and plan for means to effectivelY protect and improve surface and groundwater quality: Ql establish more uniform local policies and official controls for surface and groundwater manaqement: ~ ?revent erosion of soil into surface water systems: !l promote qroundwater recharge: gl protect and enhance fish and wildlife habitat and water recreational facilities: and hl. secure the other benefits associated with the proper management of surface and qround water. In addition to the above purposes, the Browns Creek. Watershed Management organization shall serve as the watershed manaqement orqanization for the Browns Creek Watershed and shall carry out all of the duties and responsibilities outlined in Minnesota Statutes sections 103B.201 throuqh 103B.255. 1.2 The boundaries of the Browns Creek Watershed Management Organization are .!!et fort-h defined in the attached Exhibit I~ . 2 :. . . .' attaohod hereto and incorporated by reference here..i..l1 aml ::.hall lJ~ her~inaft:Qr rQfQrr9d to ac the "Area". 1.3 In general, the Watershed Management Elan may include projects which accomplish the following: a) Preserve and use natural water storage and retention systems in order to reduce to the greatest practical extent the public capital expenditures necessary to control excessive volumes and rates of run-off; b) Protect and improve existing water quality in lakes and streams through proper land use and appropriate conservation practices; c) Prevent flooding and erosion by implementing flood plan management and erosion control systems: d) Protect and enehance fish and wildlife habitat and water recreational facilities by reducing pollutant loads to lakes and streams; e) Undertake needed programs to promote ground water recharge; f) Provide a mechanism for the review of local land and water management plans; g) Provide a forum for resolution of future intergovernmental disputes relating to the management and protection of the Browns Creek Watershed; h) Provide cooperation on a united basis on behalf of all units of government within the ~ Watershed and with all other levels of government to facilitate soil resource protection and water management in the area. '. The above descriptions are not intended to be exclusive or overly restrictive of the'conservation plan or the program, but are rather intended to act as a guideline. ARTICLE ~ A Definitions 2.1 For the purposes of this agreement, the terms shall have the meanings as defined in this Article. a) "CulluuL:.sion" . "Browns Creek Watershed Management organization." "BCWMO" The organization joint powers watershed manaqement orqanization created by this agreement, the full name of which is the Browns Creek Watershed Management Organization. It shall be a public agency of its members. b) "Board" The Board of Commissioners of the cvlwui.ssion BCWMO consisting of one Commissioner from each of the governmental units which is a party to this agreement' and which shall be the governing body of the CVIIUu..i...,..,.iOIl BCWMO. c) "Council" Means the governmen'taling body of a governmental unit which is a member of taio eemmi53ion party to this aqreement. d) "Governmental Unit" Means that Cit:y, 'i'ownship, CouuLy, Soaool Diotriot or other political 3ubdivi3ion cited in !!innesota S~a~. i71.S9, Subai~ioion s. 3 ,-- -9S!) "Commissioner" Is any person appointed to the COMui33ion Board by each ~ouncil or in the Commissioner's absence, the alternate. ~) "Browns Creek Watershed," "BCW. " "Watershed" Unless otherwise stated, means that area within the boundaries of the BCWMO described in the attached Exhibit 1. de~cribed and set fo~th ~n ~xhibit 1 attachod horeto and inoorporated by reference herein. . ARTICLE ~ d Board of Commissioners 3.1 The governing body of the Commicsion BCWMO shall be its ~oard. Each Council shall be entitled to appoint one commissioner on the Board and one Alternate who may sit when the Commissioner is not in attendance and oaid this commissioner or Alternate shall be called a Commissioner. 3.2 Each Commissioner and Alternate shall be appointed for a three year term~ The Commissioner or Alternate may be removed by the appointinq authority before term expiration for violation of a code of ethics of the BCWMO or appointinq authori ty or for malfeasance. nonfeasance or misfeasance. after beinq provided an opportunity for hearinq before the appointinq authority. Commissioners or Alternates holdinq the position as an elected official who are not reelected. or are serving an indefinite term at the pleasure of the appointing authority. may be removed by the appointinq authority at will. In accordance with Minnesota Rules 8410.0040 a decision of the appointing authority may be appealed to the Board of Water and Soil Resources. and ohall Derve at the ploafi:ure of tho Council appoi.nting E:uch Commiccionerl and ouoh Commifi:fi:ioner or Alternato may bo removod by the counoil at any time with or ~'ithout cau,"Q. The term of tho firE:t appointeec ohall bog-in thirty dayc :liter the execution of this a9reem~nt ahJ LIlt:: t~rro of the first appointQQ ,"h.ll be aE: followcl Bayto~m Townchip - 1 year term Grant Tour.s;:hip - 2 year tQrm Huqo - J yoar term May Towns;:hip - 1 year term stillwator - 2 yoar torm stillwator TownE:hip - J year term FOllmling the appointment of the initi.l Commissioller(s) and Altern3.te(o) for tho initial term cpooified abo"le, all future appointmonts s;:hall be for a J year t8rm. The terms of appointees shall be as follows and repeat until changed: Bay town Grant Huqo LE . 1992-1995 1993-1996 1994-1997 1992-1995 May OPH SC ST 1993-1996 1994-1997 1992-1995 1993-1996 3.3 Vacancies. A vacancy on the CU1Luu.i~~.iuu Board shall be filled by the Council whose membership position on the CU11UU.i~~.iuu 4 . , Ie . . Board is vacant. Each Council shall follow the notification procedure for fillinq vacancies as required bv Minnesota statutes section 103B.227 (1). (2). 3.4 Compensation and Expenses. The Commiccion Board member shall not be entitled to compensation or reimbursement for expenses incurred in attending meetings, except to the extent the Council misht may determine to compensate or reimburse the expenses of the member it appoints.L. in which case the obligation to make such payment shall be that of the individual council and not of the Commi~~ion BCWMO or Board. 3.5 Officers. The COlRlBiacion Board shall elect from its membership a Chairperson, Vice-Chairperson, Secretary -ai*i- LTreasurer and further officers as it may be necessary to reasonably carry out the purposes of this "agreement. All such officers shall hold office for a term of one year or until their successors have been duly elected by the members of the Commi33icn Board. Any such officer may only serve while a member of the Commiooion Board. Vacancies in office shall be filled by the membership of the Commi~3icn Board by election for the remainder of the unexpired term of such office. The duties of the Chairperson shall be: to chair all meetings of the Board. to siqn all official correspondence. to sign instruments on behalf of the BCWMO and Board. and to be a siqnatorv of the Board's accounts. The duties of the Vice-Chairperson shall be: in the event of absence or disability of the Chair~erson. the Vice-Chairperson shall succeed to the Chairperson's powers and duties. The duties of the Secretary/Treasurer shall be: to ~repare and distribute all aqenda and minutes of the Board's meetinqs. to oversee all of the Board's accounts and records. and to be a siqnatorv to these accounts and records. 3.6 Quorum. A majority of the Board shall constitute a quorum; in the absence of a quorum, a scheduled meeting shall be canceled. 3.7 Meetings. The Board shall meet at least once annually. The regular meeting date of the C01lulli~sioh Board shall be established by resolution of the Cemmioaien Board and may be "changed from time to time. Special meetings shall be held at the call of the Chair or by any member giving not less than 40 hours three days written notice of the time, place and purpose of such meeting delivered or mailed to the residence of each Commissioh Board member or to the City Clerk for each member City and/or Town~. If a person receives actual notice of such meetinq at least 24 hours before the meetinq. all notice requirements of this section and of Minnesota Statutes section 471.705 (lc) are satisfied with respect to that person reqardless of the method of receipt of notice. All meetings of the Commi:3:3ieR Board are subject to Minnesota Statutes section 471.705 (The Minnesota Open Meeting Law). The Board shall adopt rules qoverninq the 5 . shall be distributed to the governmental units of the Commiccion BCWMO. Such distribution of the Commi~~ion BCWMO assets shall be made in proportion to total contribution of the commi..ion parties required by. the last annual budget. . ARTICLE ~ ~ Effective Date This agreement shall be in full force and effect upon the filing of the certified copy of the Resolution approving said agreement by each governmental unit. ARTICLE X Organizational Ueetings After notice of the effective date ha~ been issued, a date will bQ ~~t for the Board's fir~t mQQting Said mQQting ~h.ll takQ place within <<;0 dayo after the effecti-,;e date of this agreemel1t. ARTICLE ~ 10 Amendment The Cemmiaoion Board and/or the Councils of the parties may recommend changes and amendments to this agreement. Such recommendation shall be forwarded in writing to all of the Councils of the parties. Amendments shall be adopted by three-fourths (3/4) vote of the governing bodies of the parties within 90 days of the referral. Hm.~QvQr , any am&n4ment ~.'hich ch.ngQii tlHil mQthod of appro~.l for impr9ngmgRt~ or thg fiRaRoiR9 gf tAg CgmmisQioR muct hQ unanimo'1C:::] y aprrov~d. . 17 . . . . . proceedinqs of its meetinqs. but unless otherwise provided. Robert's Rules of Order. Revised shall be used. 3.8 Annual Meetings. At the firot meeting of the Doard and At the Board's regular meeting in January of each and c'lery year therea.ftor the Board shall elect its officers as stated l1el:ein above. At the organization meeting- or al!!! l!!!oon thereafter as it lLlay bQ rail.onably dona, tho com:mio::don ahall adopt reasol1able ~ \11t::~ u[ proceduroE and rogulationo governing it~ meeting~. 3.9 Commicoion BCWMO Office. The office of the Commiooion BCWMO shall be at: Washinqton Soil and Water Conservation District 1825 Curve Crest Boulevard Stillwater. MN 55082 All notices to the Commiooion BCWMO shall be delivered or served to said this office. The designated office of the Commission BCWMO may be changed from time to time upon an affirmative vote from of a majority of ft~ membera' the Board present at which a quorum is present at a regularly held meeting or special meeting called for that purpose. 3.10 Alternate Members. One alternate member to the Commi~~ion Board shall be appointed by each party to this agreement. Alternate members may attend any meeting of the Cemmioaion Board and in the absence of the appointed Commissioner have the right to vote on behalf of the eft} or ~own~hip entity which the alternate represents. If a Commio3ion Board member is also an officer of the CommicEion Board, the alternate shall not be entitled to serve in the place of such officer when he or she is absent. 3.11 Voting. In accordance with Minnesota Statutes section 103B.211 (1) (c). any action taken by the Board shall be by majority vote of the Board present at which a quorum is ~resent. Except an action taken by the Board to order a capital improvement project shall be bv at least a two-third's vote of the Board present at which a quorum is present. unlea3' otherwi::se l!!!tate herefl1 o~ reTd r~d by lj;llw AmendlUQt1t.. t.o t.ha annual oparating budgets rQTlire a 'three-fourth. Pi <1) maj ori ty of tho COlBIRiooion. ~ct.ion. t.ilkan by the Commi~~ion to order projcct~ o~ to a~~e~s lUamDQr. for imprO'tTelUQrrts shall r~T,jre a +hre€' fnur'ths P/4) majorit.y vote of the Commio~ion: all other mattero will carry by a EimplQ majority. ARTICLE -TV .4. Commiooion Board Powers and Duties 4.1 Commi~3ien Board. The BCWMO. acting by its duly appointed Commio~ion Board of Commissioners shall have the powers 6 and duties a-s. set forth ~in this article agreement and as prescribed by law. . 4.2 Rules and Regulations. The commiccion Board may prescribe and promulgate such rules from time to time as it deems necessary to carry out its duties and the purpose of this agreement. 4.3 SurfacQ Watershed Management Plan. Pursuant to Minnesota statutes section 103B.211 (1) (a) (1) the Board shall have the authority to prepare, adopt and implement a Watershed Management Plan for the Watershed meeting the requirements of section 103B.231. As required by law, the Commi3~ion Board shall prepare revise and update the BCWMO's a Eurfaoo Watershed Management Plan~ to be completed by the date specified by laWT Th~ plan to be adopted by the Commiooion 3hall: a) D06:cribe the cxictinq phycical environment, land use development within tho Waterohcd arca, und development proposed in oxi6:.ting local and metropolitan oomprchenoi'l'.'c plano1 b) Prcocnt information on hydrological 3ysteRl3 and their components and ~xisting and potential problems related thereto, c) state objectiuQs and policie6: inoluding management prinoipalo, :llternativeo and mOdific:ltiono, water quality, and protection of natural charactoriotiool d) Set forth a managemont plan, incl~ding the hydrologies and wattWr quality condition6: th:lt will be sought and significaht opportunititW. for improvement: . ~) n~~~rjb~ rnnflicts, if any, bQv.IBen the Waterohed rlan ann existin~ plan. of local government; f) Set forth un implementation program. cOl1~~;:,LcllL w.iLh Lh~ m~~a~~ment plan whicn include. capital improvement programc and !'::t-::Inn::lrn~ ::Inn !'::C"!hpnnl~!':: fnr m~~t- ; nlJ t-h~ <:-omprehenc:i ue plan. and official controls of local government units in the Waterohcd to bring about conformanco '(,d th the Waterohcd rlan; and 9) ~et out a procQdurca for amendinl} the p] ('n T"~ Watershed Management Plan .hall bo 6:ubj cot to local govern>ment r9UitWw as rQquirfild by the Ast. Upon complotion of the plan, bu-t. before final adoption by t-~~ nr~ani~::It-jon, the organization .hall submit the plan for review and <:-omment to all C'ountiQs, soil and ~l1ator conccn"ation diotricto, to'ims and E:tatutory and homa rule citieo having territory \lith the Hatfilr.nQd Any local government unit which expect3 that a substantial iUQQnament of its local comprohencivc plan ,fill be nece:Jsary in order to bring the local water management plan into oonformance ~ith the Watcrohed Plan 6:hall decoribe, ac opecifioally ao possible, vdthin it. C'ommfilnt., the amendmentc to the local plan wl'; cb it' expe<:-ts will be n4iCfils.ary. sb,ty dayo after oubmiooion to thQ local goufilrn:mfilntal units for comment, tho organization ch:lll aubmit thfil plan, any C'OU\mfilnt. rfilcfilived, and any appropriatQ am~nd",ents to thfil pl..n to the Board of the County or Countie6 ba"7in~ territory ~1ithin thQ Wat4ir.hed If any loc..l govfilrn:m~nt..l . 7 . ~. . i. Iln;.t.. f;::li ] c::. TO C"omplQtQ its rovicw :md COJtHftent3 within tIle prQSicribQd PQriod, unlocc an extenoion i3 agreed to by tIle organization, tho progr~m chall be deemed approved. The County .h.ll appro"Q or disapprovo proj octe in the oapit~l improvement program which may require the provioion of County funds pursuant to Section 112.60, Gubdivision 2, 0:1:: sectioll 413.883 u[ Lht:: M.imlt::~ulcl statutQ Tho County ch~ll have 60 days to co~plete ~t~ ~t::vit::w u[ ~ho Capital Improvement rrogram. If the County fail3 to complete it. rQviQw within thQ prescribed period, unloE:E: an Q>etenE:ion ic agreod to by tho organization, the program oh~ll be deemed appro'UQd. RQviQW by thQ NQtropoli tan Council and other ctatc agcnoicc ;),0 provided in Minnesota statutoc 473.878 et ceg. ch;).ll be followed by tnQ Commi.~;"''''' The revised and updated Watershed Management Plan shall include, but not be limited to: gl applicable sections of the existinq Watershed Manaqement Plan: Ql a description environment since the adopted: Q1. changes in proposed development in existinq local. county and metropolitan comprehensive plans: .sll. updated information on hvdroloqical systems and their components and existinq and potential problems related thereto: .fU. proposed chanqes in ob;ectives and policies of the Watershed Management Plan: . !l proposed chanqes in the Watershed Manaqement Plan: 9l u~dated information reqardinq conflicts, if any, between the Watershed Management Plan and existinq plans of local government; bl. an u~dated implementation program includinq proposed capital improvement pro;ects and their fundinq. All amendments to the Watershed Manaqement Plan shall adhere to the review process provided in Minnesota statutes section 1038.231 (7. (8l . (9l, except when the proposed amendments constitute minor amendments as defined in Minnesota Rules 8410.0020. subpart 10. Such minor amendments shall adhere to the procedure provided in Minnesota Rules 8410.0140. subparts 2. 3. All amendments shall be adopted in accordance with Minnesota' statutes section 103B.231 (10) and Minnesota Rules 8410.0140. subparts 4 and 5. If the law and rules are amended, approvals shall be as required bv law and the provisions in this section shall be amended accordinqlv. of chanqes in the existing initial Watershed Manaqernent -physical Plan was 4.4 Local Plan. After the adoption of the Watershed Management Plan, each local governmental unit within the Watershed shall prepare a Local Water Management Plan which must include a description of the existing and proposed land uses; definition of drainage areas, including volumes, rates and paths of storm water run-off; identification of areas and evaluations for storm water storage; description of water quality efforts which may be needed 8 : . to implement the plan; and an implementation program including official land use or development controls and a Capital Improvement Program, if needed. In addition. each Local Water Manaqement Plan must meet the requirements for local plans as described in Minnesota statutes section 103B.235 and Minnesota Rules 8410.0160 and 8410.0170. The Board shall also prepare minimum standards for local 'Plans. These standards shall be included in the revised Watershed Manaqement Plan and shall be consistent with the requirements of Minnesota Rules 8410.0110. After consideration but before adoption by the governing body of each local qovernmental unit, the Local Watershed Management Plan shall be submitted to the Commi3oion Board for review for consistency with the Watershed Management Plan adopted pursuant to Minnesota statutes section 103B.231 ~7J.B78. The Commi~3ion Board shall approve or disapprove ~ the local plan or parts of the plan thereof. The Commis~ion Board shall have 60 days to complete its r~view. In the event the Commi33ion Board fails to complete its review within the prescribed period unless an extension is agreed to by the local unit, the local plan shall be deemed approved. . 4.5 Projects. The Board may initiate. undertake and implement oroiects of the BCWMO. "proiect" means planninq and development. construction. maintenance. repair. or improvement of the Watershed for a purpose for which the BCWMO is established. 4.~6 Information and Data. The Commiasion may acquir~ and rQcord such information and data y1ithin the Browns Creek Watershed ar~a ~s it deeU'llii tlQCQs.ary to accomplich ita purpOOClJ ao 3Ct forth hQrQiJL Such information or data a~ collect.ed .shall be full}' ~v~i'~h'~ fnr all memb~r. of thQ Commiscion and the public. The Board may: (a) acquire and. record information. data. make necessary surveys or use other reliable surveys and data and develop proiects and programs to acquire data to accomplish the purposes for which the BCWMO is orqanized: and (b) establish and maintain devices for acquirinq and recording hYdroloqical and water quality data. . 4.7 Water Resource Management Activities. The Board may conduct studies and monitorinq of water resources within the Watershed and implement water resource manaqement programs. 4 .-68 Claims Entry on Lands. As provided rittrin Minnesota statutes sections 103B.211 (1) and 1030.335 (14) 471.277 and 112.43 ~ the Commi~~ion Board or its aqents may enter upon land within or without the Watershed to make surveys and/or investigations to accomplish the purposes of the Commi..ion BCWMO. The Commi33ion BCWMO shall be liable for actual damages reSUlting therefrom from entry. b11t: e'UE'ry p~rc::nn Anyone who claims damages shall serve the ChairmaRperson or Secretary of the Board of Commissioners with a Notice of Claim as required by Minnesota Statutes section 466.05. 4.79 Contracts. The Commi33ion Board may make such contracts 9 . '> Ie . . and enter into agreements as necessary to fulfill its obligations under this agreement. Such contract~ or agreements shall be in accordance with the Uniform Municipal Contracting Law as set forth ~in Minnesota statutes section 471.345. 471.01 at caq. 4.10 Cooperate with other Entities. The Board may cooperate or contract with any state or subdivision of a state or federal agency. private corporation. political subdivision. or cooperative association. 4. &11 Employment and Professional Services. The COll~(lis5ion Board.may obtain such prOfessional services and/or contract for services and may also utilize existing staff of the parties to the extent that the member parties consent thereto. ~ The Board may also employ other persons as it deems necessary. If 3taff acr~'iecl3 of .:l. pa-r-ty arc utilized, ouoh ocrvioco chall not reduoe the financial commitmQnt of the parties to tho operating fund of the Commiccion unlesc the Commiccion r:o authorizer: tho same hy a majority voto of the Commi&&ion members in &uch case& a& whoro the utilization of staff &er\'icer: arc to Be oubotaHtial_ 4 . 12 Borrowing Funds. The Board may borrow funds from an aqencv of the federal qovernment. a state agency. a county where the BCWMO is located in whole or part. or a financial institution authorized under' chapter 47 to do business in this state. A county board may lend the amount requested bv the Board. The BCWMO may not have more than a total of $200.000 in loans from counties and financial institutions under this SUbdivision outstanding at any time. 4.~13 Construction or Interpretation of the Watershed Management Plan. The ~ommissionr Board by a majority vote, r:ha11 may determine such matters involving the construction and interpretation of the Watershed Management Plan. All such formal determinations as to any aspect of the Watershed Management Plan in interpretation or construction shall be reduced to writing by the Secretary of the commiooion Board and be annexed to the Watershed Management Plan following its passage. 4.1064 Committees. The Commiooion Board may appoint such committees and sub-committees as it deems necessary to gather information and make recommendations back to the Commicr:ion Board. .9.l. The Board shall create a Technical Advisorv Committee that will report at least annuallY to the Board. The membership should include. but not be limited to: one of the officers of the Board: the Board's technical advisor: a representative from either the Minnesota Department of Natural Resources or the Board of Water and Soil Resources: and a representative of the Washinqton County Planninq Department. QL The Technical Advisory Committee shall advise and assist the Board on all matters affectinq the interests of the Watershed and make recommendations to the Board at its request on 10 contemplated projects and improvements in the Watershed. Committee determinations and recommendations must be endorsed by at least a maiority of the members. " . 4.15 Regulate Use and Development of Land. Pursuant to Minnesota Statutes section 103B.211 (1) (a) (3) the Board shall have the authority of a watershed district under chapter 103D to requlate the use and development of land in the Watershed when one or more of the following conditions exist: 1il the local government unit exercisinq planninq and zoning authority over the land under sections 366.10 to 366.19, 394.21 to 394.37, or 462.351 to 462.364, does not have a local water manaqement plan approved and adopted in accordance with the requirements of section 103B.235 or has not adopted the implementation program described in the plan: 1iil an application to the local qovernment unit for a permit for the use and development of land reauires an amendment to or variance from the adopted local water management plan or implementation proqram of the local unit: or (iii) the local qovernment unit has authorized the organization to reauire permits for the use and development of land. 4.16 Construction and Transfer of Drainaqe Systems. Under Minnesota Statutes section 103B.211 (1) (a) (4) the Board may accept the transfer of drainage systems in the' Watershed, to repair, im~rove, and maintain the transferred drainage systems, and to construct all new drainaqe systems and improvements of existinq drainaqe systems in the Watershed, provided that: 1) proiects may be carried out under the powers qranted in sections 103B.205 to 103B.255 or chapter 1030 or 103E: and 2) proceedings of the Board wi th respect to the systems must be in conformance wi th the Watershed Manaqement Plan adopted under section 103B.231. . 4.17 Pursuant to Minnesota Statutes section 103B. 211 (1) (a) (7) the Board shall have the authority of a watershed district under section 1030.901 to file approved assessment statements with each affected county. 4.18 Emerqencv Authority. If the BCWMO has an approved and ado?ted Watershed Manaqement Plan, the Board may undertake and perform emergency proiects in accordance with Minnesota Statutes section 103B.252. (a) Declaration of emerqency. If the Board finds that conditions exist that present a clear and imminent danqer to the health and welfare of the people of the Watershed and that to delay action would preiudice the interests of the people of the Watershed, or would likelY cause irreparable harm. the Board may declare the existence of an emerqency and designate the location, watershed or subwatershed unit, nature, and extent of the emerqencv. (b) proj ect order. Once an emerqencv has been declared, to the extent necessary to protect the interests of the Watershed, the Board may order that the work be done under the 11 . '--.- " - i. . . direction of the Board and its Engineer , without a contract. Exam{Jles of an emergency situation would include, but not be limited to: creek blockages that cause imminent property damage and septic system floodinq: bank or slope failures on creek causinq erosion and imminent road damaqe or failure: imminent, threateninq occurrence that creates multi-;urisdictional problems. ARTICLE V".a Annual Budget/Administrative Funding 5.1 Method of Operation. The Commiosion Board may collect and receive money and services subject to the provisions of this agreement from the parties and from any other sources approved by the CommiE:sion Board and it may incur expenditures and disbursements necessary and incidental to the effectuation of the purposes of this agreement. Funds may be expended by the CommiE:E:ion Board in accordance with procedures established herein in this aqreement. Orders, checks and drafts shall be signed by the Chairperson or Vice-Chairperson and the Treasurer. Other legal instruments shall be executed on behalf of the commiaoion BCWMO or Board by the Chairperson and the Secretary. 5.2 Oporating Fund. Budget. Pursuant to Minnesota Statutes section 103B.211 (1) (a) (5) the Board shall have the authority of a watershed district under section 1030.911 to adopt a budqet. On or before August 1 September 15 of each year, the Commigsion Board shall prepare and adopt an operating budget for the following year for thQ purpose of prouidil1l] fl:mn!:: Tn npp,.....h:. Thp ~nlnln; ~!::; nn!:: ' DUE:inQ.. and decide on the total amount necessary to be raised from ad valorem tax levies to meet the BCWMO's budqet. Before adoptinq the budqet the Board shall hold a public hearinq on the proposed budqet. The Board shall publish a notice of hearing with a summary of the proposed budqet in one or more newspapers of qeneral circulation in the county in which the Watershed is located. The notice and summary should be published once each week for two successive weeks before the hearinq. The last publication shall be at least two days before the hearing. The budgets ohall not, however, De in an amount great or than tho oquivalont of one-fourth of onQ mill lQuy on all rQal property v!ithin tho Middlo st. Croix Valley Watershed District. Any hudget which exceed. .uch limit.tionlRu~t bQ appr~'ed by ~ll memher ~~ln~i19 5.3 Pursuant to Minnesota Statutes section 103B.211 (1) (a) (6) the Board shall have the authority of a watershed district under section 1030.915 to certify its budqet to the county auditor. After the Board adopts the budqet and no later than September 15, the Secretary of the Board shall certifY to the auditor of the county within the Watershed the county's share of the tax, which shall be an amount bearinq the same proportion to the total levy as the net tax capacity of the area of the county within the watershed bears to the net tax capacity of the entire Watershed. 12 5.3 The ~nnual adminiDtr~tive expenac3 3hall be budgeted and borne by each voting member in thQ following mannQr: a) 10 peroent Gh~ll be borne by e~ch party ba:5ed UpOl1 tIle total acreage of each party aa a percent~ge of the acreage of the entire Wa~er3hed, b) 20 peroent Dhall be borne by each palty La::.~J upuu Lh~ iUiliiiQ..QQ valuation of ita area of the iiatersllcl..! a::. d. p~.t:c~Iltage or the aDoeoDed v~luation of the entire Waterohcdl c) 10 percent ,"hall be borne by oaoh party baaed upon population of its area of thQ Watershed as a percontage of the total population of the entire Water~hed area. T~e budget ahall be adopted by the Commi33ion upon three- fourths majority approv~l of all votinq representatives at Lhe ColmtliE:E:ion. After approval, the Secretary :5hall ce.L:tify Lh~ adopted budget to each governmental unit on or before September 1 of eaoh year together with a atatement chowing the ~mount3 due from each period. Each governmental unit chall p~y over to the Commiacion the amount o:tJing in t"t179 equal inotallmcntc, the firct on or bafore .January 1, a.nd the sacond on or before .July 1, in accordance with thQ tax year for which the amount due i3 beinq pa4Q. 5. 4 Administrative Fund. Under the authori ty qranted in Minnesota statutes section 103B.211 (1)(a)(5.(6). the Board may make an annual tax levY on all real property within the Watershed for the administrative fund. The administrative fund. consistinq of an ad valorem tax levv. shall be used for qeneral administrative expenses and for the construction or implementation and maintenance of projects of common benefit to the Watershed. 5.5 Survey and Data Acquisition Fund. Under the authority qranted in Minnesota statutes section 103B.211 (1)(a) (5) .(6). the Board may levY an ad valorem tax on all real property within the Watershed for the survey and data acquisition fund. The survey and data acquisition fund consists of the proceeds of a property tax that can be levied only once every five years. The levy may not exceed 0.02418 percent of taxable market value. The balance of the fund may not exceed $50.000. The fund shall be used only if other funds are not available to the BCWMO to pay for makinq necessary surveys and acquiring data. 5.6 Orqanizational Expense Fund. Under the authority qranted in Minnesota statutes section 103B.211 (1) (a) (5). (6). the Board may establish an orqanization expense fund. (a) The orqanizational expense fund shall consist of an ad valorem tax levy on all real property within the Watershed. and shall not exceed 0.01596 percent of taxable market value. or $60.000. whichever is less. The money in the fund shall be used for orqanizational expenses and preparation of the Watershed Manaqement Plan for pro;ects. (b) The Board may borrow from the affected county up to 75 percent of the anticipated funds to be collected from the orqanizational expense fund levy and the county affected may make the advancements. (c) 13 : .' - . . . I '. Ie . . Unexpended funds collected for the organizational expense fund may be transferred to the administrative fund and used for the purposes of the administrative fund. 5.7 Watershed Manaqement Plan Levy. Pursuant to Minnesota statutes section 103B.241 the Board may levy an ad valorem tax to pay the increased cost of preparinq its Watershed Manaqement Plan under section 103B.231 and 103B.235 or for proiects in the approved and adopted Watershed Manaqement Plan necessary to implement the purposes of section 103B.201. The proceeds of any tax levied under section 103B.241 shall be deposited in a separate fund expended onlY for the purposes authorized by that section. The Board may accumulate the proceeds of these levies to finance proiects in the Plan. 5.8 103B.251 Capital Improvement Cost certification. Pursuant to Minnesota statutes section 103B.251, if the BCWMO has an adopted Watershed Manaqement Plan in accordance with Minnesota statutes section 103B.231, the Board may certify for payment bY the county as provided in section 103B.251 all or any part of the cost of a caDi tal improvement contained in the capital improvement proqram of the Watershed Manaqement Plan. The certification of the Board may apportion the cost amonq some or all of the subwatershed units in the Watershed and for this purpose may require the establishment of more than one tax district in the Watershed. The Board and county must follow the procedure outlined in section 103B.251 (1)-(8). 5.9 103B.251 Maintenance Levy. Pursuant to Minnesota statutes section 103B.251 (9) the Board may create a maintenance fund for the normal and routine maintenance of improvements constructed in 'whole or part with money provided bY the county pursuant to 103B.251 (6). With the aP9roval of the county the Board may impose an ad valorem levy on all property located within the Watershed or subwatershed unit. The levy shall be certified. levied. collected and distributed as provided in section 103D.915. 5.+10 Annual Accounts. The Commi33ion Board shall make a full and complete financial accounting and report to each Council annually. subiect to the Minnesota Government Data Practices Act. Minn. stat. ~~ 13.01-.99. as amended, all of its books, reports and records shall be available at the BCWMO office for open examination by any member of the public at reasonable times to be established by the Commiscion Board. at their office. 5.11 Annual Work Plans. On or before September 15 of each year, the Board shall pre9are a work plan that describes proposed proiects, Drograms. includinq studies and monitoring of water resources in the Watershed. as well as maintenance of existing Drojects. for the followinq calendar year. The work plan shall include. but not be limited to. descriptions of proposed projects. a timetable for implementation. and proposed methods of financing. 14 " ARTICLE ~.Q Works of Improvement Delete oriqinal text of Article VI. Replace with underlined material below. .. . . 6.1 103B.251 Capital Improvements. Pursuant to Minnesota statutes section l03B.251. if the BCWMO has an adopted Watershed Management Plan. the Board may certifY for payment bv the county all or any part of the cost of a capital improvement contained in the capital improvement proqram of the Watershed Manaqement Plan. In order to implement and order capital improvements to be paid by the county as provided under section 103B.251. the Board must follow the statutory procedures outlined in section 103B.251 (1)- 12.L. 6.2 Other Plan Capital Improvements. As provided in the capital improvement proqram of the BCWMO's Watershed Manaqement Plan. the Board shall have the authority to implement and order capital improvement proiects identified in the adopted Plan necessary to implement the purposes of section l03B.201. Pursuant to Minnesota statutes section 103B.241 the Board may levv a tax to pay the costs of such proiects. An action taken by the Board to order the capital improvement proiect shall be in accordance with Article 3.11 of this aqreement. 6.3 103B.245 Special Tax District. Pursuant to Minnesota Statutes section l03B.245 each party to this aqreement planning for water manaqement under sections 103B.231 and l03B.235 may establish a watershed manaqement tax district in the Watershed to pay the costs of planninq. In addition. pursuant to section l03B.245 such party mav establish a watershed manaqement tax district within the Watershed or a subwatershed unit in the Watershed. to pay capital costs and routine maintenance costs of the water manaqement facilities described in the capital improvement proqram of the plans. The tax district shall be established by ordinance adopted after hearing bv the governmental unit following the provisions of section l03B.245. . ARTICLE -vr7 2 Miscellaneous Provisions 7.1 Insurance. The Commiooion Board may contract for or purchase such insurance as the Commiccion Board deems reasonable. 7 .2 The CommiEcion shall not have the powcr to lc"r.l a cpceial aoceGcment on any privately or publicly owned land. The Commission chall have thc power to require any member to contribute to costs allocatcd or aooeGocd according to the other provisions of this aqreQtQ9nt. 7.2 Bondinq Authority. The CQmmi~cign Board shall not have the power to issue certificates, bonds or warrants. 15 . '. . ' ,~ '. I r. I l I . ~ Eminent Domain. The Commi~8ion Board shall ~have the power of eminent domain and chall not oT.m any intGroct in roal property (All intere~t~ in land shall be held in the n3me of the corporatQ lUQmbQr ,,'hQrQin ~aid landi:: are locabad). in matters pertaininq to capital improvement pro;ects in those cases where the individual parties will not exercise the power of eminent domain on behalf of the Board. 7.4 Annual Newsletter. In accordance with Minnesota statutes section 103B.227 ( 4) the Board shall publish and distribute at least one newsletter or other appropriate written communication each year to residents in the Watershed. This communication must explain the BCWMO's water management proqrams and list the officers of the Board and their telephone numbers. ARTICLE VIII .a Duration 8.1 Each lRombor party agrees to be bound by the terms of this agreement until such time as it is dissolved. 8.2 This agreement may be terminated by dissolution pursuant to the procedures set forth below or by the unanimous consent of the parties of this agreement. 8.3 Dissolution. Any qovc~n~Gntal unit party may petition the Board to dissolve this agreement. Upon 30 daye notioa in writing of Qach gouQrmRQrltal unit, the bOard shall hold a hearinq unci upon a faver3ble vote by 3/4 of all the eligible 7ete3 of the then oxicting board of reprQsentativQ~, the board lUay by reoolution, recommend that the Commission be di~.olved_ Said ~Qsolution shall be submitted to each governmontal unit and if ratified by 3/4 of the gouernmental units ~Jithin 80 daye, aaid board .hall di~.olve thQ Commi.~ion allowing a reasonable time t~ oomplete \-Jork and progrQ.~ and to di.poliiQ of perliional property owned by the Commission, if any _ Upon receipt the Board must forward a COpy of the petition for dissolution to the Board of Water and Soil Resources and Washinqton County. After ninety days from the date on which the Board of Water and Soil Resources and Washinqton County received a COpy of the petition for dissolution, the Board shall hold a hearinq on the petition. Followinq the hearinq the Board shall by its order dissolve this aqreement and the BCWMO if the Board determines: 1) that at least two-thirds of the qovernmental units which are parties to this aqreement concur in the petition for dissolution~ 2) upon dissolution the members of the BCWMO are willinq and able to assume ownership of the BCWMO's assets and the responsibility for manaqinq and maintaininq any BCWMO proiects as necessary to accomplish the purposes of Minnesota statutes sections 103B.205 to 103B.255 and to implement the Watershed Management Plan of the BCWMO. Upon dissolution of the Commission BCWMO, all property of , the Commiccien BCWMO shall be sold and the proceeds t.horoof together \:i tb and moneys on hand 16