06/04/2007 Council Packet (2) - Laserfiche WebLink

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AMENDMENT TO JOINT POWERS AGREEMENT THIS AMENDMENT is made and entered into as of the last date of execution by and between the participating units of local govemment of the cities of Gem Lake, Lino Lakes, North Oaks, Vadnais Heights and White Bear Lake and the Township of White Bear (hereinafter collectively referred to as "Members "). WHEREAS, the Members are parties to an agreement entitled JOINT POWERS AGREEMENT TO PROTECT AND MANAGE THE VADNAIS LAKE AREA WATERSHED (hereinafter the "Agreement"), pursuant to which the Members have formed a watershed management organization in accordance with Minnesota Statutes, Section 103B.201 et seq. (the "Metropolitan Surface Water Management Act"); and WHEREAS, the parties have agreed that it is reasonable, appropriate and in the best interests of the public to amend the Agreement as hereinafter set forth. NOW, THEREFORE, on the basis of the premises and the mutual promises herein set forth, the Members agree as follows: 1. Section VI is amended by adding new Subdivision 24 as follows: Subdivision 24. Storm Sewer Utility. 1) The Board may establish, operate and fund a storm sewer utility in accordance with Minnesota Statutes, Section 444.075 and subject only to the limitations thereof and of this Agreement. The utility may include all storm sewer systems and facilities including ditch systems transferred to the Commission pursuant to Minnesota Statutes, Section 103B.211, Subd.1(a)(4), drainage systems conveying surface water between Member jurisdictional boundaries and any other activities and facilities authorized by Minnesota Statutes, Section 444.075. 2) The Board may enter into such contracts with Members, other units of government or other parties as the Board deems reasonable and necessary for the operation of the storm sewer utility, including but not limited to, contracts for construction, operation, repair and maintenance of facilities, and for collection of storm sewer charges. 3) The Board may not establish rates at an amount that will result in annual charges of more than the Total Maximum Utility Charges without the consent of a majority of the Members by resolution by their goveming bodies. The Total Maximum Utility Charges for 2007 are $ . Thereafter, the Total Maximum Utility Charges will increase or decrease each year based on the annual change in the Consumer Price Index ( "CPI ") (U.S. Department of Labor: Not seasonally adjusted, Midwest urban, All Items, All Urban Consumers) from March of the year that is two years prior to the year the charges are imposed to March of the year before the charges are imposed. (For example, the Total Maximum Utility Charges for 2008 will be determined by the change in the CPI from March 2006 to March 2007. This would make CPI adjustment numbers available during 2007, leaving sufficient time to establish rates and budgets for 2008.) 4) The Board may set and collect fees and charges for expenses of the utility in accordance with Minnesota Statutes, Section 444.075. 5) The Board may adopt and enforce rules and regulations for the operation of the storm sewer utility. 6) Any Member may create, operate and maintain its own storm sewer utility and collect fees and charges for its own storm sewer facilities. Such utility may be operated independently by the Member or cooperatively by agreement between the Commission and the Member. 05/21/07 46 Bertha Ct., Mahtomedi, MN 55115 -2031 2