2002-9-3 County Ditch Agreement COUNTY DITCH 9 AGREEMENT
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THIS AGREEMENT is entered into this � day of �� ��`,.� ,�,u ,2002,by
and between the City of St. Michael,hereinafter referred to as "S . Michael" and the City of
Albertville, hereinafter referred to as "Albertville."
WHEREAS: County Ditch 9,hereinafter referred to as Ditch 9, flows through and serves as
a surface water drainage basin for St. Michael; and
WHEREAS: Ditch 9 also flows through and serves as a surface water drainage basin for
Albertville; and
WHEREAS: Discharges from a tributary area in St. Michael flow into a segment of Ditch
9located in Albertville; and
WHEREAS: Discharges from Ditch 9 in Albertville flow into Ditch 9 in St. Michael; and
WHEREAS: It is in the interest of both parties to regulate, maintain, and repair Ditch 9,
NUW, THEREFORE, the parties hereto agree as follows:
1. Purpose and Plan. The purpose of this Agreement is to develop a cooperative
procedure for St. Michael and Albertville to prepare and implement a plan for the
regulation,maintenance, and repair of Ditch 9 from its upstream beginning in Section '
2, R24W, T120N in Albertville to its outlet to County Ditch No. 21 in Section 10, �
R24W, T 120N in St. Michael.
2. Plan Pre,�aration. Within ninety (90) days following the effective date of this
Agreement,the Ditch 9 Authority,hereinafter referred to as "Authority" as described
in Section 3, shall prepare a comprehensive plan, hereinafter referred to as "Ditch 9
Plan," far the regulation, maintenance, and repair of the entire length of Ditch 9.The
Ditch 9 Plan shall include the following,:
2.1 Establishment of surface water drainage design parameters for all development
and redevelopment projects,public improvements, and rural land uses located
in the Ditch 9 drainage basin.
2.2 A review of the hydrology of the watershed to determine the flow capacity for
the Ditch 9 cross-sections and profile. The review will include an analysis of
the capacity of existing structures on Ditch 9. Each City shall be responsible
for reviewing its portion of the watershed.
2.3 A description of the existing condition of Ditch 9 and an itemization of any
current maintenance or repair needs. The City Engineers will provide the
surveys and inspections in their respective cities with concurrence by the other
City. Existing structures will be reviewed for hydraulic and struchiral
integrity.
2.4 A description of the applicable ditch regulations of the appropriate permitting
agencies, including the DNR, BWSR, COE, and WCSWCD. The City
Engineers will meet with representatives from these agencies.
2.5 Cost estimates for current maintenance and repair needs. The cost estimate
shall include all construction costs plus all overhead costs such as legal,
engineering, and administration costs.
2.6 Easement needs shall be determined for the ditch and desired buffer zones.
3. Plan Adoption and Amendment. The Ditch 9 Plan shall be prepared cooperatively by
the City Engineers. The City Engineers must jointly agree on the Ditch 9 Plan before
submitting it to the Authority for review and approval. The Authority shall be
composed of two Councilpersons and one Planning Commissioner from each
community. The City Engineers shall provide the technical assistance needed by the
Authority. The Ditch 9 Plan shall be adopted by a majority vote of the members of
the Authority and may be amended annually by a majority vote of the members of the
Authority. ,
4. Plan Im�lementation. Following Ditch 9 Plan review and adoption by the Authority,
' each City shall arrange for and administer the implementation of Ditch 9 Plan. Each
City will perform all work necessary on the segments of the ditch located in their
respective jurisdiction. All contracts for the performance of maintenance and/or
repair projects shall be noticed and awarded in accordance with applicable statutory
requirements. Work included in the Ditch 9 Plan may be performed privately by
owners of lands tributary to Ditch 9 and such work may be eligible for partial
reimbursement when in accordance with the Ditch 9 Plan. All permits necessary for
maintenance and/or repair projects on Ditch 9, will be secured by the Authority.
5. Inspection and Review.Any member of the Authority may review and inspect any and
all work, services, and activities undertaken pursuant to the Ditch 9 Plan, and may
inspect and audit books and records relating to plan implementation. If any
discrepancies or inefficiencies are noted, the Authority shall work out their
differences.
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6. Cost Allocation. The costs for preparing and implementing the Ditch 9 Plan shall be
allocated to and paid by the respective City on the basis of the following:
6.1 The payment for the costs of preparing and administering the Ditch 9 Plan
shall be allocated to each City based on their proportionate area of the Ditch
9 drainage basin.
6.2 The payment for the costs of a maintenance or repair project on any segment
of Ditch 9 will be allocated to each City based on their proportionate area of
that part of the Ditch 9 drainage basin lying upstream of the lower most point
of the segment. On combined projects, each segment will be calculated
separately.
6.3 Neither City shall undertake a maintenance or repair project on any segment �
of Ditch 9 that will require reimbursement fram the other City without the
prior approval of the other City.
7. Cost Reimbursement. Within sixty (60) days following the completion of a Ditch 9
maintenance andlor repair project done in accordance with the Ditch 9 Plan, the
Authority shall transmit a statement to each City detailing the costs which have been
incurred in doing the project. The appropriate City will reimburse its portion of the
costs to the City with the project within thirty (30) days following the receipt of the
statement.
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8. Annual Report.An annual inspection of the condition of Ditch 9 and it�ru�k facilities
will be made by the City Engineers. The City Engineers shall inspect those segments
of Ditch 9 located in their respective City and then submit a summary report to the
Authority. The reports will also include all development activities which have
occurred in the Ditch 9 drainage basin. The annual inspection and development report
shall be submitted to the Authority two weeks in advance of the annual meeting of
the Authority.
9. Annual Meetin�. The first annual meeting, of the Authority shall be at 8:00 p.m. on
the last Wednesday in October in 2002 at the St. Michael City Hall. Subsequent
annual meeting times and sites shall be set by the Authority.
10. DepositorX. The Authority shall establish an account in a state or national bank
authorized to receive deposits of monies and to act as a depository for funds budgeted
for the administration of the Ditch 9 Plan. The Authority may act to disburse monies
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from this account on the authorization and signature of one Councilperson member
from each City.
ll. Insurance. The Authority may purchase property and liability insurance for the
purpose of protecting the interests of the Cities in implementing the Ditch 9 Plan. The
costs of such insurance shall be funded in accordance with Section 6. 1.
12. Gifts, Grants, and Loans. The Authority may within the scope of this Agreement,
accept gifts, apply for and use grants or loans or other property from the United
States,the State of Minnesota, or its departments or agencies,Wright County, or any
person or entity for the purposes described herein. The Authority may enter into any
reasonable agreement required in connection therewith. The Authority shall comply
with all laws and regulations applicable thereto, and may hold, use and dispose of
such money or property in accordance with the terms of the gift, grant, loan, or
agreement relating thereto.
13. Accountin� . On or before December 1, of each year, the Authority shall submit an
accounting of the monies expended for administration of the Ditch 9 Plan to each City
for review. This report shall include the following:
13.a The financial activities of the Authority over the previous year;
13.b The status of all projects and work pursuant to the Ditch 9 Plan;
13.c Any other matters which affect the interests of the City in the Ditch 9 Plan.
14. DNR Stream Maintenance Pro�r�. The Authority hereby agrees to use their best
efforts to secure Wright County's participation in the Stream Maintenance Program
of the Minnesota Department ofNatural Resources established pursuant to Minnesota
Statutes 103 G.701. Any money secured from this program shall be used to reduce the
costs of the members for performing the Ditch 9 Plan.
15. Disputes� In the event of any dispute, claim, question or disagreement arising from
or relating to this Agreement,the parties hereto shall use their best efforts to settle the
dispute, claim, question or disagreement. To this effect, they should consult or
negotiate with the other party in good faith and attempt to reach a just and equitable
solution satisfactory to both Cities. If they do not reach such solution within a period
of sixty days, then the engineer for each City shall jointly select a third engineer to
review and act as arbitrator with regard to such dispute, claim, question or
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disagreement. The decision of the arbitrator so selected shall be final and binding
upon each City.
16. Amendments. Amendments to this Agreement may be made only by written
instrument executed by the parties hereto.
17. Effective Date. This Agreement shall be in force and effect after all of the following
events have occurred:
16.a Passage by the City Councils of both member Cities;
16.b Execution of this Agreement by authorized representatives of both of the
members hereto.
16.c Passage of a resolution of conveyance by the Wright Count Board of
Commissioners conveying to the member Cities that portion of County Ditch
No. 9 described in paragraph one of this Agreement.
18. Conveyance Pursuant to Special Le�islation. It is the intention of the parties hereto
to take conveyance from the Wright County Board of Commissioners of that portion
of County Ditch No. 9 described in paragraph one of this Agreement pursuant to
Chapter 432 of the Minnesota 2000 Session Laws. Accordingly,the parties,via this
Agreement, agree:
18.a To accept the conveyance of the Cities of those portions of County Ditch No.
9 described in paragraph one of this Agreement.
18.b. To assume,as of the effective date of this Agreement,all of the rights,title and
interests of Wright County in that portion of County Ditch No. 9 described in
paragraph one of this Agreement, with each City accepting and assuming such
rights, title and interests to that portion of the conveyed County Ditch No. 9
lying within the respective City's jurisdiction.
18.c. To assume responsibility,under each City's respective municipal authority,for
management of the surface water within each City's respective jurisdiction
within the area served by that portion of County Ditch No. 9 described in
paragraph one of this Agreement.
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IN WITNESS WHEREOF,the undersigned governmental units,by action of their governing
bodies, have caused this Agreement to be executed.
Approved by the City Council City of St. Michael '�
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By: ���� �_ %"��..� C'%T-� �t'��r�r,,,�,�r,;�c�,
App oved by the City Council City of Al �rtville
e..,.,.L.,,�,e� � , 2002 By:
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