HomeMy WebLinkAboutCity Council Resolution 2003-555CITY OF PLYMOUTH
RESOLUTION NO. 2003-555
APPROVING AMENDED AND RESTATED
JOINT POWERS AGREEMENT ESTABLISHING THE
ELM CREEK WATERSHED MANAGEMENT COMMISSION
WHEREAS, seven communities with lands in the Elm Creek Watershed adopted a Joint
Powers Agreement in 1973 creating the Elm Creek Watershed Management organization
and these communities have worked cooperatively since said time to manage surface and
ground water concerns in the watershed; and
WHEREAS, Minnesota laws of 1982, Chapter 509, required all metropolitan watersheds to
organize either as a joint powers group or as a watershed district; and
WHEREAS, new state laws that became effective August 1, 1992, directed all joint powers
water management organizations to amend their Joint Powers Agreements to be consistent
with those new state laws and the Board of Water and Soil Resources rules; and
WHEREAS, on May 12, 1993, pursuant to the authority conferred by Minnesota Statute
471.59 and 103B.501, et seq., the cities of Champlin, Corcoran, Dayton, Greenfield, Maple
Grove, Medina, Plymouth and Rogers, the town of Hassan and the Hennepin Conservation
District adopted a "Joint Powers Agreement for the establishment of the Elm Creek
Watershed Management Commission to plan, protect and manage the Elm Creek Watershed
and adjacent minor watersheds" (the Joint Powers Agreement); and
WHEREAS, in 2001 the City of Greenfield withdrew from the Joint Powers Agreement; and
WHEREAS, revisions to the Elm Creek Watershed Management Commissions Second
Generation Watershed Management Plan (Plan) require revisions to the Joint Powers
Agreement in order to implement the Plan; and
WHEREAS, the Board of Commissioners will now be comprised of only the eight voting
member communities and not the Hennepin Conservation District (HCD) which was
formerly a non-voting member of the commission; and
WHEREAS, revisions to Minnesota laws require the Joint Powers Agreement to be in
compliance with Minnesota Statues 471.59 and 103B.201, et seq.; and
WHEREAS, in order for the Elm Creek Watershed Management Commission to operate in a
more effective and efficient manner the commission has proposed revisions to the Joint
Powers Agreement; and
Resolution No. 2003-555
Page 2
WHEREAS, pursuant to the statutory authority sited above, the cities of Champlin,
Corcoran, Dayton, Maple Grove, Medina, Plymouth and Rogers, and the town of Hassan,
wish to amend and restate the Joint Powers Agreement's terms.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PLYMOUTH, MINNESOTA: That the Amended and Restated Joint Powers
Agreement establishing the Elm Creek Watershed Management Commission is approved
and further the Mayor and City Manager are authorized and directed to sign the Amended
and Restated Joint Powers Agreement.
Adopted by the City Council on November 25, 2003.
STATE OF MINNESOTA)
COUNTY OF HENNEPIN) SS.
The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth,
Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the
Plymouth City Council on November 25, 2003, with the original thereof on file in my office,
and the same is a correct transcription thereof.
WITNESS my hand officially as such City Clerk and the Corporate seal of the City this
day of
City Clerk