HomeMy WebLinkAboutItem 06.n
Date: September 8, 2020 Item No.
AMENDMENT TO JOINT POWERS AGREEMENT WITH THE
CITIES OF APPLE VALLEY, BURNSVILLE AND EAGAN FOR THE
BLACK DOG WATERSHED MANAGEMENT ORGANIZATION
Proposed Action
Staff recommends adoption of the following motion: Move to approve Amendment to Joint
Powers Agreement with the Cities of Apple Valley, Burnsville and Eagan for the Black Dog
Watershed Management Organization.
Overview
The Cities of Apple Valley, Burnsville, Eagan and Lakeville have land within the Black Dog
Watershed and collectively share responsibilities to regulate natural water resources through a
partnership named the Black Dog Watershed Management Organization (BDWMO). The Revised
and Restated Joint Powers Agreement (JPA) was approved by the cities in 2010 and has since
expired. The Amendment to the JPA establishes a new termination date of January 1, 2030. The
terms of the 2010 JPA are renewed and remain in effect.
Primary Issues to Consider
• The BDWMO purpose is to provide leadership in the management and stewardship of the
water resources within northwestern Dakota County. The cities, local stakeholders and
BDWMO work together to maintain and restore the water quality of the BDWMO water
resources. Approximately 21% of the Black Dog watershed lies within Lakeville.
Supporting Information
• Amendment to Joint Powers Agreement
Financial Impact: $0 Budgeted: Y☐ N☐ Source: N/A
Related Documents:
Envision Lakeville Community Values: Access to a Multitude of Natural Amenities and
Recreational Opportunities
Report Completed by: Ann Messerschmidt, Environmental Resources Specialist
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AMENDMENT TO JOINT POWERS AGREEMENT
BLACK DOG WATERSHED MANAGEMENT ORGANIZATION
THIS AMENDMENT is made by the CITY OF LAKEVILLE, a Minnesota municipal
corporation, the CITY OF BURNSVILLE, a Minnesota municipal corporation, CITY OF
EAGAN, a Minnesota municipal corporation, and the CITY OF APPLE VALLEY, a Minnesota
municipal corporation, collectively “the Parties.” This Amendment is effective when all the Parties
have signed it.
1. Background. The Parties entered into a Revised and Restated Joint Powers
Agreement for the Black Dog Watershed Management Organization in 2010 (“Agreement”). The
Agreement expired on January 1, 2020, but paragraph 12, subd. 1 provided that the Agreement
may continue after its expiration by agreement of all parties. The Parties agreed to continue the
Agreement pending formal approval of a renewed joint powers agreement by the Parties.
2. Renewal of the Agreement. The Agreement, attached hereto as Exhibit A, is
incorporated in and made a part of this Amendment. The parties agree that the Agreement shall be
renewed and be in full force and effect, as amended herein.
3. Amendment. Paragraph 12, of the Agreement is amended to provide as follows:
12. DURATION.
Subdivision 1. Each member agrees to be bound by the terms of this Agreement until January
1, 2030, and it may be continued thereafter upon the agreement of all the parties.
Subdivision 2. This Agreement may be terminated prior to January 1, 2030, by the written
agreement of a majority of the members.
Subdivision 3. In addition to the manner provided in Subdivision 2 for termination, any
member may petition the Board to dissolve the Agreement. Upon thirty (30) days' notice in
writing to the Clerk of each member governmental unit, the Board shall hold a hearing and
upon a favorable vote, the Board may by resolution recommend that the Commission be
dissolved. The resolution shall be submitted to each member governmental unit and if ratified
by a majority of the governing bodies of all eligible members within sixty (60) days, the Board
shall dissolve the Commission following 90 days notice to Dakota County and the Minnesota
Board of Water and Soil Resources, and allowing a reasonable time to complete work in
progress and to dispose of personal property owned by the Commission.
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IN WITNESS WHEREOF, the undersigned have caused this Amendment to be executed
by their duly authorized officers by authority of their respective governing bodies.
Approved by the City Council CITY OF LAKEVILLE
___________________, 20__.
BY: ____________________________
ATTEST: ________________________
Approved by the City Council CITY OF BURNSVILLE
___________________, 20__.
BY: ____________________________
ATTEST: ________________________
Approved by the City Council CITY OF EAGAN
___________________, 20__.
BY: ____________________________
ATTEST: ________________________
Approved by the City Council CITY OF APPLE VALLEY
___________________, 20__.
BY: ____________________________
ATTEST: ________________________