HomeMy WebLinkAboutCity Council Resolution 1999-447CITY OF PLYMOUTH
COUNTY OF HENNEPIN
STATE OF MINNESOTA
RESOLUTION NO. 99-447
RESOLUTION AUTHORIZING AND DIRECTING AMENDMENTS TO THE
JOINT POWERS AGREEMENT FOR THE BASSETT CREEK WATERSHED MANAGEMENT
COMMISSION
WHEREAS, the City is a party to the joint powers agreement which formed the Bassett Creek
Watershed Management Commission (the "Agreement"); and
WHEREAS, the Bassett Creek Watershed Management Commission (the "Commission") is
the joint powers organization created pursuant to Minnesota Statutes Section 471.59 to act as the
watershed management organization pursuant to Minnesota Statutes Sections 10313.205 to 10313.255
for the Bassett Creek Watershed; and
WHEREAS, the Bassett Creek Watershed is defined in Section III, Subdivision 6 of the
Agreement as "...the area contained within a line drawn around the extremities of all terrain whose
surface drainage is tributary to Bassett Creek and within the mapped areas delineated on the map filed
with the Board of Water and Soil Resources originally filed pursuant to Minnesota Statutes, 473.877,
subd. 2 and as now amended by Minnesota Statutes, Chapter 103B. "; and
WHEREAS, a portion of the City of Minneapolis lies within the Bassett Creek Watershed; and
WHEREAS, the City of Minneapolis is a party to the Agreement and a member of the
Commission; and
WHEREAS, a portion of the boundary of the Bassett Creek Watershed abuts the boundary of
the Middle Mississippi River Watershed Management Organization (the "Middle Mississippi WMO");
and
WHEREAS, the City of Minneapolis, which is also a member of the Middle Mississippi WMO,
has requested that the boundary line be changed between the Bassett Creek Watershed and the Middle
Mississippi Watershed to relocate an area of the City of Minneapolis from the jurisdiction of the
Bassett Creek Watershed Commission to the jurisdiction of the Middle Mississippi WMO; and
WHEREAS, the requested boundary change requires the approval of all of the members of
both the Commission and the Middle Mississippi WMO and the amendment of the joint powers
agreements creating each organization; and
WHEREAS, the Commission has recommended the approval of the requested boundary
change pursuant to and in accordance with a proposed agreement entitled Joint and Cooperative
Agreement for Boundary Change, between the Commission, the Middle Mississippi WMO, and the
City of Minneapolis (the 'Boundary Change Agreement"), a copy of which has been provided to and
reviewed by the city council; and
WHEREAS, the Council has determined that the proposed boundary change, on the terms and
conditions hereinafter set forth, is reasonable, prudent and in the best interest of the public;
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Plymouth that the
Agreement is amended to change the boundary of the Bassett Creek Watershed on the following
conditions:
a) that the commission determines after consideration of the comments on the boundary
change by the Minnesota Board of Water and Soil Resources, that the boundary change
should proceed; and
b) that the Boundary Change Agreement is approved and executed in substantially the
form submitted to the City by the Commission; and
C) that the change in boundary is substantially as shown on the map attached to the
Boundary Change Agreement; and
d) that certified copies of resolutions approving the boundary change adopted by the city
council of all cities in the Commission have been filed with the Chair of the Commission;
and
e) that effective approval of the boundary change by the city councils of all members of
the Middle Mississippi WMO has been secured and evidence of such approval has been
filed with the Chair of the Commission; and
f) that following the occurrence of all of the foregoing, an amended map of the Bassett
Creek Watershed and of the Middle Mississippi Watershed is jointly filed with the
Minnesota Board of Soil and Water Resources, whereupon the boundary change will be
effective.
Dated: October 19, 1999.
ATTEST:
City Clerk
Mayor
2
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