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35 <br />Offices in <br />470 US, Bank Plaza <br />Zoo South Sixth Smct <br />Minneapolis <br />Minneapolis, MN 55402 <br />S61t Paul <br />(612) 3379300 telephone <br />(612) 337R3to Far <br />St. Cloud <br />~#,kcnnedy-gmvm6cpm <br />Affirmative Action, Equal Opportunity Employer <br />CHARGES L. LEFFvF,RF <br />Att ntcy at Law <br />Direct Dial (612) 337-92 t5 <br />Email:: clal'everc alcennedy-giaven.com <br />December 15, 2010 <br />Douglas Snyder, Executive Director <br />Mississippi Watershed Management Organization <br />1.224 Marshall Avenue NE, Suite 201 <br />Minneapolis, MN 55413-1036 <br />RG: Proposed Amendments to Joint and Cooperative Agreement <br />Dear Mr. Snyder: <br />Attached is a redlined version of the Joint and Cooperative Agreement for the Mississippi <br />Watershed lvlanagement Organization (MWMO) showing proposed changes from the current <br />Agreement. Also; attached is a clean copy with the changes incorporated. <br />Most of the Changes result from the fact that, the Commission was given the authority to levy ad <br />valorem taxes after the initial Joint and Cooperative Agreement was executed by the member <br />cities. The attached Agreement more closely reflects the actual practices of the MWMO since it <br />was given the authority to levy ad valorem taxes. <br />The more significant changes to the Agreement are as follows: <br />In Article 11, Subdivision 11, the Agreement provides that the budget is divided into an <br />administrative budget, covering staff salary and benefits, Commission expenses, rent, office <br />expenses, and the like, and a Programs and Projects Budget covering the various programs and <br />projects of the district. The Programs and Projects Budget would also include capital projects. <br />The definition of Improvement Project in Subdivision 12 of Article II is amended to coincide <br />with the use of that term in the Metropolitan Surface Water Management Act and the Rules of <br />the Board of Water and Soil Resources. This will allow the MWMO to avoid [lie lengthy plan <br />amendment process for changes to its capital improvement program (CIP) except for those <br />projects that are required by state law to follow the detailed plan amendment process. Changes <br />in programs and projects that are not required by state law to be inchlded in the CIP can more <br />easily be implemented by the MWMO. <br />Article 1I1; Subdivision 10 authorizes the Conunission to set compensation for C`,omt111"Ssionet$ <br />within the same>limits as are established by law for the managers of watershed districts,_ <br />Subdivision 19 of Article IV adds the authority to acquire real property, which is not explicitly <br />authorized under the current Joint and Cooperative Agreement. <br />11 57v2 CLI, AdD 166-1 <br />