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• <br />• <br />AMENDMENT TO JOINT POWERS AGREEMENT <br />TO PROTECT AND MANAGE THE VADNAIS LAKE <br />AREA WATERSHED <br />THIS AMENDMENT is made and entered into as of the last date of execution by and <br />between the participating units of local government of the cities of Gem Lake, Lino Lakes, <br />North Oaks, Vadnais Heights and White Bear Lake and the Township of White Bear <br />(hereinafter collectively referred to as "Members "); and <br />WHEREAS, the parties have agreed that it is reasonable, appropriate and in the best <br />interests of the public to amend the Agreement as hereinafter set forth. <br />NOW, THEREFORE, said Agreement is amended, as follows: <br />1. Section VI is amended by adding new Subdivision 24 as follows: <br />Subdivision 24. Storm Sewer Utility. <br />1) The Board may establish, operate and fund a storm sewer utility in <br />accordance with Minnesota Statutes, Section 444.075 and subject only <br />to the limitations thereof and of this Agreement. The utility may <br />include all storm sewer systems and facilities including ditch systems <br />transferred to the Commission pursuant to Minnesota Statutes, Section <br />103B.211, Subd.1(a)(4), drainage systems conveying surface water <br />between Member jurisdictional boundaries and any other activities and <br />facilities authorized by Minnesota Statutes, Section 444.075. <br />2) The Board may enter into such contracts with Members, other units of <br />government or other parties as the Board deems reasonable and <br />necessary for the operation of the storm sewer utility, including but not <br />limited to, contracts for construction, operation, repair and <br />maintenance of facilities, and for collection of storm sewer charges. <br />3) The Board may not establish rates at an amount that will result in <br />annual charges of more than the Total Maximum Utility Charges <br />without the consent of a majority of the Members by resolution by <br />their governing bodies. The Total Maximum Utility Charges for 2008 <br />are $400,000; for 2009 is $425,000; for 2010 is $450,000 and, for 2011 <br />is $475,000. <br />4) The Board may set and collect fees and charges for expenses of the <br />utility in accordance with Minnesota Statutes, Section 444.075. <br />• 5) The Board may adopt and enforce rules and regulations for the <br />operation of the storm sewer utility. <br />