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Home My WebLink About28E Agreement - Middle Cedar Watershed Management-3/7/2016Paul D. Pate Secretary of State State of Iowa 28E Agreement FOR OFFICE USE 0 FILED M509094 6/16/2016 11:26:11 AM PLEASE READ INSTRUCTIONS ON BACK BEFORE COMPLETING THIS FORM Item 1. The full legal name, organization type and county of each participant to this agreement are: Item 2. The type of Public Service included in this agreement is: 560 Planning (Enter only one Service Code and Description) Code Number Enter "Other" if not in Iowa Service Description Item 3. The purpose of this agreement is: (please be specific) Establish the Middle Cedar Watershed Management Authority to enable cooperation in watershed planning and improvements for the mutual advantage of the political subdivisions involved. Item 4. The duration of this agreement is: (check one) DAgreement Expires fmm/dd/yyyyl Zlndefinite Duration Item 5. Does this agreement amend or renew an existing agreement? (check one) ❑✓ NO 0 YES Filing # of the agreement: (Use the filing number of the most recent version filed for this agreement) The filing number of the agreement may be found by searching the 28E database at: http://sos iowa gov/28e Item 6. Attach two copies of the agreement to this form if not filing online. Item 7. The primary contact for further information regarding this agreement is: (optional) LAST Name Fencl FIRST Name Jennifer Title Environmental Services Director Department Environmental Services Director Email jennifer.fencl(a,ecicoq.orq Phone 3193659941 Full Legal Name Organization Type *County Party 1 County of Benton County Benton Party 2 County of Black Hawk County Black Hawk Party 3 County of Buchanan County Buchanan Party 4 County of Grundy County Grundy Party 5 County of Linn County Linn Item 2. The type of Public Service included in this agreement is: 560 Planning (Enter only one Service Code and Description) Code Number Enter "Other" if not in Iowa Service Description Item 3. The purpose of this agreement is: (please be specific) Establish the Middle Cedar Watershed Management Authority to enable cooperation in watershed planning and improvements for the mutual advantage of the political subdivisions involved. Item 4. The duration of this agreement is: (check one) DAgreement Expires fmm/dd/yyyyl Zlndefinite Duration Item 5. Does this agreement amend or renew an existing agreement? (check one) ❑✓ NO 0 YES Filing # of the agreement: (Use the filing number of the most recent version filed for this agreement) The filing number of the agreement may be found by searching the 28E database at: http://sos iowa gov/28e Item 6. Attach two copies of the agreement to this form if not filing online. Item 7. The primary contact for further information regarding this agreement is: (optional) LAST Name Fencl FIRST Name Jennifer Title Environmental Services Director Department Environmental Services Director Email jennifer.fencl(a,ecicoq.orq Phone 3193659941 Middle Cedar Watershed Management Authority Articles of Agreement THIS AGREEMENT is entered into pursuant to Iowa Code chapter 28E by and between Benton County, Iowa, and twenty-three other parties including counties, cities, and soil and water conservation districts, to wit: WHEREAS, Iowa Code section 4666.22 authorizes two (2) or more political subdivisions, defined as including cities, counties, and soil and water conservation districts, all of which must be located within the same United States Geological Survey Hydrologic Unit Code 8 Watershed, to enter into agreement under Iowa Code Chapter 28E to establish a watershed management authority to enable cooperation in supporting watershed planning and improvements for the mutual advantage of the political subdivisions involved; and WHEREAS, pursuant to Iowa Code Section 466B.23, a watershed management authority may perform all of the following duties: 1. Assess the flood risks in the watershed. 2. Assess the water quality in the watershed. 3. Assess options for reducing flood risk and improving water quality in the watershed. 4. Monitor federal flood risk planning and activities. 5. Educate residents of the watershed area regarding water quality and flood risks. 6. Allocate moneys made available to the authority for purposes of water quality and flood mitigation. 7. Make and enter into contracts and agreements and execute all instruments necessary or incidental to the performance of the duties of the authority. A watershed management authority shall not acquire property by eminent domain; and WHEREAS, the Counties of Benton, Black Hawk, Buchanan, Grundy, Linn, Tama; and the Cities of Cedar Falls, Cedar Rapids, Evansdale, Gladbrook, Grundy Center, Hudson, Jesup, La Porte City, Raymond, Vinton, Waterloo; and the Soil and Water Conservation Districts of Benton, Black Hawk, Butler, Franklin, Grundy, and Tama deem establishment of the Middle Cedar Watershed Management Authority (the "Authority"), a watershed management authority encompassing all of the Middle Cedar Watershed (also the "Watershed"), a Hydrologic Unit Code 8 (HUC 8 ID #07080205) Watershed, to be of mutual advantage; and WHEREAS, it is mutually desired to enter into this Agreement pursuant to Iowa Code Chapter 28E for the purpose of establishing the Middle Cedar Watershed Management Authority to carry out watershed planning and improvements in the Middle Cedar Watershed; and 1 1.3 The Soil and Water Conservation Districts of Benton, Black Hawk, Butler, Franklin, Grundy, and Tama are each a governmental subdivision of the State of Iowa as defined in Iowa Code Section 161A3(6) and a soil and water conservation district established pursuant to Iowa Code Section 161A5(1). Their respective addresses are: Benton Soil and Water Conservation District, 1705 W D St, Vinton, IA 52349 Black Hawk Soil and Water Conservation District, 2950 Southland Dr, Waterloo, IA 50701 Butler Soil and Water Conservation District, 310 Allan Sreet, PO Box 324, Allison, IA 50602 Franklin Soil and Water Conservation District, 1019 4th St SE , Hampton, IA 50441 Grundy Soil and Water Conservation District, 805 W 4th St, Grundy Center, IA 50638 Tama Soil and Water Conservation District, 102 Hwy 30 West, Toledo, IA 52342 SECTION 2. PURPOSE. 2.1 The purpose of this Agreement is to provide for the manner in which the parties shall cooperate with one another to successfully plan for and implement watershed improvements within the Middle Cedar Watershed, including but not limited to the following activities authorized pursuant to Iowa Code section 4668.22: 1. Assess the flood risks in the watershed. 2. Assess the water quality in the watershed. 3. Assess options for reducing flood risk and improving water quality in the watershed. 4. Monitor federal flood risk planning and activities. 5. Educate residents of the watershed area regarding water quality and flood risks. 6. Seek and allocate moneys made available to the authority for purposes of water quality and flood mitigation. 7. Make and enter into contracts and agreements and execute all instruments necessary or incidental to the performance of the duties of the authority. A watershed management authority shall not acquire property by eminent domain. SECTION 3. CREATION OF THE AUTHORITY. 3.1 Upon the effective date stated in this Agreement there is hereby created a public agency to be known as the "MIDDLE CEDAR WATERSHED MANAGEMENT AUTHORITY" (the "Authority"). The Authority shall be a political subdivision of the State of Iowa and a legal entity separate and distinct from the corporate existence of any participating parties to this Agreement, and shall be 3 c. identifying opportunities for infrastructure development and planning capable of assessing and mitigating flood risks in the Watershed; d. identifying the most effective best management practices for improvements of water quantity and water quality improvements in the Watershed; e. participating in any educational/outreach programs regarding water quality and flood risks; f. identifying opportunities for infrastructure development and planning capable of assessing and improving water quality in the Watershed; g. providing support for the administration of any projects, including technical, financial and clerical, as agreed to by the parties; h. securing such financing, including grants, loans and the issuance of bonds or loan agreements, as determined to be necessary or desirable to achieve the objectives of the agreement; i. coordinating with local wastewater utilities; j. designing and bidding of projects; k. administering contracts; and I. observing construction. SECTION 6. MANNER OF FINANCING. The Board may solicit, accept and receive donations, endowments, gifts, grants, reimbursements and other such funds as necessary to support work pursuant to this Agreement. No action to contribute funds by a Director of the Authority is binding on the Member that he or she represents without official approval by the governing board of that Member. No Member may be required to contribute funds to the Authority, except to fulfill any obligation previously made by official action by the governing body of the Member. All funds received for use by the Authority shall be held as a special fund by the fiscal agent designated by the Board of the Authority. When funds are provided as a grant or loan directed to a Member of the Authority for a project administered by that Member, the funds shall be retained and administered by that Member. SECTION 7. ENTIRE AGREEMENT. 7.1 This Agreement contains the entire agreement of and integrates all of the terms and conditions contained in and incidental to such Agreement. No modifications or waiver of any provision in this Agreement shall be valid unless in writing and signed by all of the parties. If, for any reason, any provisions of this Agreement shall be inoperative, the validity and effect of the other provisions shall not be affected thereby. 5 ATTACHMENT I 31 it L t frit o rn V •� r rt ami 0 U V N Ny 75 0 U Dated this 8th day of March, 2016. BENTON COUNTY, IOWA BY: ��G%L ATTEST: Board of Supervisors Chair u 7 Dated this 1St day of March, 2016. BLACK HAWK COUNTY, 10 A BY: Board County Auditor 7 Dated this 23rd day of May, 2016. BUCHANAN COUNTY, IOWA BY: ,bey,,cu /arn.k. Donald Shonka, Chairman Board of Supervisors ATTEST: C t R )" Cindy Gosse, Cdvnty Auditor Dated this 29th day of February, 2016. GRUNDY COUNTY, IOWA BY: ATTEST: Chairperson, Board of Supervisors andn) County Auditor 7 S4 Dated this day of , 20.1 L COUNTY, IOWA BY: ATTEST: Board -e upervi rs Chair 't11 t County Audit•r Dated this a5 day of PA -3N ( , 20. BY: a rYACt. COUNTY, IOWA Board of Supervisors air ATTEST1�'�� County Auditor 8 Benton SWD , IOWA 9 Dated this 8th day of March, 2016. Black Hawk SWCD IOWA BY: __J I \"'� L2Lfi Chair ATTEST: ns ation Assistant Butler_County_ SWCD , IOWA BY: ATTEST: atl Chair 9 Franklin _County SWCD , IOWA BY: ATTEST: neA Chair (tef-d7, Seetary - 9 Dated: GRUND •UN BY: /ij,i) 1)1 ("70 (0 IL & WATER CONSERVATION DISTRICT, IOWA Chair ATTEST: kaAJBA.1.c J',.t "tiAti- Secretary Tama Soil & Water Conservation District, IOWA BY:A9d—esioz-- ATTEST: Chair Secretary 7 tel. PASSED and APPROVED this / day of 1,t_,azdk , 2016. ST: J Danielsen, CMC, City Clerk 7 James P. Brown, Mayor City of Cedar Rapids, 11 BY: Je Pomeranz Ci anager ATTEST: Amy evenson City rk 8 Evansdale , IOWA (y ll�'j PratA— BY: ATTEST: Mayor 004 -it -t olde City Clerk 8 Gladbrook , IOWA BY: ATTEST: Mayor City Clerk %7& 8 Grundy Center, IOWA BY: ATTEST: 6 1 Brian Bun .e l Kristy Sdwyer, CITY OF HUDSON, IOWA BY: ATTEST: x't George Wessel, Mayor Chrissi Wiersma, City Clerk 7 BY: ATTEST: Mayor 10 City ler 8 For LA PORTE CITY, IOWA BY: David Neil, Mayor ATTEST: C� Jane Whittlesey, City Clerk Dated this day of l day of ica,\2016. CITY OF RAY ►i ON P, IO //WLei �-- BY: Mayor ATTEST -1/1 1\ )1(A taycpx City Clerk'. Mq y 3 O16' city BY: ATTEST: Mayor IOWA City Clerk Or; IS0'\-/L__ ou(u kcal L 8 Waterloo , IOWA BY: ATTEST: L X JLl 915 65-6(-‘71„ Mayor City CIrk 8