99-090 - 10-05 - Directing Amendments Joint Powers Agreement Bassett Creek Water Management CommissionResolution 99-90
October 5, 1999
Member Johnson introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING AND DIRECTING AMENDMENTS
TO THE JOINT POWERS AGREEMENT FOR THE
BASSETT CREEK WATER MANAGEMENT COMMISSION
WHEREAS, the City is a party to the joint powers agreement which formed the
Bassett Creek Water Management Commission (the "Agreement"); and
WHEREAS, Bassett Creek Water 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
103B.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, 478.877, 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 Water Management 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
Resolution 99-90 - Continued
October 5, 1999
• 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 Golden
Valley 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 is jointly filed with the
Minnesota Board of Soil and Water Resources, whereupon the boundary
change will be effective.
Mary E nderson, Mayor
ATTEST:
s
Shirley J. I 'on, City Clerk
Resolution 99-90 - Continued
October 5, 1999
The motion for the adoption of the foregoing resolution was seconded by Member Bakken
and upon a vote being taken thereon, the following voted in favor thereof: Anderson,
Bakken, Johnson and LeSuer; and the following was absent: Micks; and the following
voted against the same: none, whereupon said resolution was declared duly passed and
adopted, signed by the Mayor and her signature attested by the City Clerk.