Catfish Creek Watershed Management Authority 28E AgreementMasterpiece on the Mississippi
Dubuque
bierd
All-America City
1
2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Draft 28E Agreement for Catfish Creek Watershed Management Authority
DATE: May 1, 2012
Planning Services Manager Laura Carstens and the Catfish Creek Watershed
Management Authority Committee request the City Council review and comment on the
draft Catfish Creek Watershed Management Authority 28E Agreement with the City of
Dubuque, Dubuque County, the City of Asbury, the City of Peosta, the City of Centralia
and the Dubuque Soil and Water Conservation District. A revised final 28E Agreement
will be returned for consideration at the next City Council meeting. It is further
recommended that the City Council begin the process to appoint three Dubuque
representatives to serve on the Catfish Creek Watershed Management Authority Board
of Directors.
In November 2011, the Iowa Economic Development Authority (IEDA) and Iowa
Department of Natural Resources (IDNR) awarded grants to the City of Dubuque and
five other jurisdictions to form Watershed Management Authorities to reduce future flood
risks and improve water quality in their watersheds.
In December 2011, the City signed a $24,500 grant contract with the IEDA to create a
28E agreement with all the political subdivisions in the Catfish Creek Watershed. The
City has six months to invite all political subdivisions in the watershed to participate,
establish a board of directors, and enter into a 28E agreement with all interested
parties. Dubuque County and the Cities of Dubuque, Asbury, Peosta, and Centralia and
the Dubuque Soil & Water Conservation District (SWCD) are the political subdivisions in
the Catfish Creek Watershed.
The Catfish Creek Watershed Management Authority Committee working to develop the
28E agreement and form the Authority includes: Laura Carstens, Planning Services
Manager; Eric Schmechel, Soil and Water Conservation District; Todd Shoemaker,
Environmental Engineer; Dean Mattoon, Engineering Technician; David Johnson,
Assistant Planner; Teri Goodmann, Assistant City Manager; and Paul Schultz,
Resource Management Coordinator.
The Catfish Creek Watershed is 46,269 acres of residential, commercial and industrial
centers, cropland, steep bluffs, sedimentary rock outcrops, and dense forest with
abundant recreational activities. Catfish Creek meanders through 3 significant natural
resources within the watershed: Swiss Valley Park, Swiss Valley Nature Preserve, and
the Mines of Spain State Park.
Under Iowa law, a Watershed Management Authority is a formal Chapter 28E
agreement, or partnership, created by two or more political subdivisions to accomplish
the following:
• Assess and reduce flood risk;
• Assess and improve water quality;
• Monitor federal flood risk planning and activities;
• Educate residents of the watershed regarding flood risks and water quality; and
• Allocate moneys made available for purposes of water quality and flood mitigation.
Participation in a Watershed Management Authority offers the benefits of uniform,
effective actions or controls to correct and prevent problems, because water
management problems are greater than one community or county can handle. Also,
state and federal money is available for work in Watershed Management Authorities.
The Catfish Creek Watershed Management Authority will allow public and private
stakeholders and policy makers to create effective sustainable watershed management
policies and practices. It complements efforts of the Upper Catfish Creek Watershed
pilot project. There is no upfront cost to join. Once the Authority is formed, it can apply
for State funding to develop and implement a Watershed Management Plan to improve
water quality and mitigate flooding.
Other actions the Authority may undertake are:
• Cooperate or contract with local, state or federal agencies or private
organizations.
• Act as an advisory development review committee, for all political subdivisions,
for all or any land disturbing and /or hydrologic alternations to the Catfish Creek
Watershed.
• Provide technical data to assist any community in preparing land use
classifications, urban Best Management Practices (BMPs), or watershed
management plans.
• Record hydrological and water quality data within the Catfish Creek Watershed.
• Establish a Technical Advisory Committee (TAC) to assist with grant
applications, review of development approvals or procedures, or technical
evaluations of capital projects.
• Function in an advisory capacity to communities outside of the watershed.
The Catfish Creek Watershed Management Authority must be governed by a board of
directors made up of appointed representatives of the participating political subdivisions.
The proposed Board is based on population, land area, and assessed value as follows:
2
• City of Dubuque: 3 Directors
• Dubuque County: 2 Directors
• City of Asbury: 1 Director
• City of Peosta: 1 Director
• City of Centralia: 1 Director
• Dubuque Soil and Water Conservation District: 1 Director
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager
3
Masterpiece on the Mississippi
Dubuque
2007
TO: Michael C. Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager
Draft 28E Agreement for Catfish Creek Watershed Management Authority
DATE: April 30, 2012
Introduction
This memo transmits a 28E agreement for the Catfish Creek Watershed Management Authority
(CCWMA) for City Council review and approval. Staff also requests that the City Council appoint
three representatives to the CCWMA. A resolution and background information are attached.
Background
In November 2011, the Iowa Economic Development Authority (IEDA) and Iowa Department of
Natural Resources (IDNR) awarded grants to the City of Dubuque and five other jurisdictions to
form WMAs to reduce future flood risks and improve water quality in their watersheds.
In December 2011, the City signed a $24,500 grant contract with the IEDA to create a 28E
agreement with all the political subdivisions in the Catfish Creek Watershed. The City has six
months to invite all political subdivisions in the watershed to participate, establish a board of
directors, and enter into a 28E agreement with all interested parties. Dubuque County and the
Cities of Dubuque, Asbury, Peosta, and Centralia and the Dubuque Soil & Water Conservation
District (SWCD) are the political subdivisions in the Catfish Creek Watershed.
The CCWMA Committee working to develop the 28E agreement and form the CCWMA
includes: myself; Eric Schmechel, SWCD; Todd Shoemaker, Environmental Engineer; Dean
Mattoon, Engineering Technician; David Johnson, Assistant Planner; Teri Goodmann, Assistant
City Manager; and Paul Schultz, Resource Management Coordinator.
Discussion
The Catfish Creek Watershed is 46,269 acres of residential, commercial and industrial centers,
cropland, steep bluffs, sedimentary rock outcrops, and dense forest with abundant recreational
activities. Catfish Creek meanders through 3 significant natural resources within the watershed:
Swiss Valley Park, Swiss Valley Nature Preserve, and the Mines of Spain State Park.
Under Iowa law, a WMA is a formal Chapter 28E agreement, or partnership, created by two or
more political subdivisions to accomplish the following:
• Assess and reduce flood risk;
• Assess and improve water quality;
• Monitor federal flood risk planning and activities;
• Educate residents of the watershed regarding flood risks and water quality; and
• Allocate moneys made available for purposes of water quality and flood mitigation.
1
Draft 28E Agreement for Catfish Creek Watershed Management Authority
Participation in a WMA offers the benefits of uniform, effective actions or controls to correct and
prevent problems, because water management problems are greater than one community or
county can handle. Also, state and federal money is available for work in WMAs.
The CCWMA will allow public and private stakeholders and policy makers to create effective
sustainable watershed management policies and practices. It complements efforts of the Upper
Catfish Creek Watershed pilot project. There is no upfront cost to join the CCWMA. Once the
CCWMA is formed, it can apply for State funding to develop and implement a Watershed
Management Plan to improve water quality and mitigate flooding.
Other actions the CCWMA may undertake are:
• Cooperate or contract with local, state or federal agencies or private organizations.
• Act as an advisory development review committee, for all political subdivisions, for all or
any land disturbing and /or hydrologic alternations to the Catfish Creek Watershed.
• Provide technical data to assist any community in preparing land use classifications,
urban Best Management Practices (BMPs), or watershed management plans.
• Record hydrological and water quality data within the Catfish Creek Watershed.
• Establish a Technical Advisory Committee (TAG) to assist with grant applications, review
of development approvals or procedures, or technical evaluations of capital projects.
• Function in an advisory capacity to communities outside of the watershed.
To set up the CCWMA, all political subdivisions must be invited. Not all political subdivisions
have to participate, however. The CCWMA must be created pursuant to a 28E agreement
between at least two political subdivisions. The CCWMA must be governed by a board of
directors made up of appointed representatives of the participating political subdivisions. The
proposed CCWMA Board is based on population, land area, and assessed value as follows:
• City of Dubuque: 3 Directors
• Dubuque County: 2 Directors
• City of Asbury: 1 Director
• City of Peosta: 1 Director
• City of Centralia: 1 Director
• Dubuque SWCD: 1 Director
On April 27, the CCWMA Committee held a Kick -off Meeting with elected officials and staff to
discuss the CCWMA and the 28E agreement. Representatives of all four cities, the County
Board and the SWCD were present, and all are reviewing the draft 28E agreement.
Recommendations
The CCWMA Committee recommends that the City Council review and comment on the
attached CCWMA 28E agreement. A revised final 28E agreement will be returned for
consideration at the next Council meeting. If the City Council concurs with the 28E agreement,
then the CCWMA Committee recommends that the City Council approve the agreement. The
CCWMA Committee further recommends that the City Council appoint three Dubuque
representatives to serve on the CCWMA Board of Directors at this meeting or the next meeting.
Attachments
cc: CCWMA Committee
F: \USERS\LCARSTEN \WP \Watershed Committee WMA \Staff Memo CCWMA 28 E Agreement.doc
2
Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589 -4210
Return to: Kevin Firnstahl, City Clerk Address: City Hall, 50 W. 13th St Telephone: 589 -4121
RESOLUTION NO. 124 -12
RESOLUTION APPROVING 28E AGREEMENT FOR THE CATFISH CREEK
WATERSHED MANAGEMENT AUTHORITY.
Whereas, the Iowa Economic Development Authority and the Iowa Department of Natural
Resources awarded a grant to the City of Dubuque to form the Catfish Creek Watershed
Management Authority to reduce future flood risks and improve water quality in the watershed; and
Whereas, the City of Dubuque supports creation of the Catfish Creek Watershed
Management Authority pursuant to a 28E agreement between at least two political subdivisions in
the watershed to accomplish the following actions in accordance with the Code of Iowa:
• Assess and reduce flood risk;
• Assess and improve water quality;
• Monitor federal flood risk planning and activities;
• Educate residents of the watershed regarding flood risks and water quality; and
• Allocate moneys made available for purposes of water quality and flood mitigation.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Mayor is authorized to sign the 28E Agreement for the Catfish Creek
Watershed Management Authority on behalf of the City of Dubuque.
Passed, approved and adopted this 7tday of May 2012.
Q i
Roy D.:��ol, Mayor
Attest:
F: \USERS \LCARSTEN \WP \Watershed Committee WMA \Res 28E CCWMA.doc
A. Nor
•
Acres
Communities in Catfish Creek Watershed
City of Dubuque
City of Asbury
City of Peosta
City of Centralia
IMF
All other land area - Unincorporated Dubuque County
I Watershed
CS
ti
Catfish Creek Watershed Management Authority
Kickoff Meeting
April 26th m Swiss Valley Nature Center
6:30pm ® 7:30pm
Agenda
I. Introductions
II. WMA Overview Presentation (Eric and Todd)
a. WMA Legislation
b. Minnesota JPA
c. Advisory vs. Regulatory
d. Development Comments
e. Grant Opportunities
f. Administrative Duties
g. Working outside the Catfish Creek Watershed
III. Current Draft o 28e Agreement
IV. Educational Outreach
a. Website
b. Logo
c. Marketing Items
V. Comments /Concerns /Discussion
Dubuque Soil &s Water
Conservation District
210 Bierman
Epworth IA 52045 -9529
Phone: (563) 876 -3418,
#3Fax: (563) 876 -3653
What is the Catfish Creek Watershed Management Authority?
jJ"
Communities in Catfish Creek Watershed
City of Dubuque
I— I City of Asbury
City of Peosta
_ City of Centralia
+ All other land area - Unincorporated Dubuque County
Watershed t c
s:3•33331•331.111 .2 rxar art ,1, :7. _iZZ 1.37 --°
What is the Catfish Creek
Watershed?
The Catfish Creek Watershed is a
46,269 acres that includes the
Cities of Dubuque, Asbury,
Peosta, and Centralia as well as
unincorporated Dubuque County.
The watershed includes
residential, commercial and
industrial centers, cropland, steep
bluffs, sedimentary rock outcrops,
and dense forest. Recreational
activities are abundant.
Catfish Creek flows eastward,
beginning near Peosta, and
enters the Mississippi River on
the south side of Dubuque, in the
Mines of Spain State Park.
Catfish Creek meanders through
three significant natural resources
within the watershed, Swiss
Valley Park, Swiss Valley Nature
Preserve, and the Mines of Spain
State Park.
These areas, managed by the
Iowa Department of Natural
Resources and the Dubuque
County Conservation Board,
attract over 380,000 users a year.
Part of Catfish Creek is classified
as a cold water stream and has
naturally reproducing trout (one of
only 30 streams in Iowa).
What is a Watershed Management Authority (WMA)?
Under Iowa law, a Watershed Management Authority is a formal Chapter 28E agreement, or
partnership, created by two or more political subdivisions (e.g., cities, counties, Soil and Water
Conservation Districts) to accomplish the following:
• Assess and reduce flood risk;
• Assess and improve water quality;
• Monitor federal flood risk planning and activities;
• Educate residents of the watershed regarding flood risks and water quality; and
• Allocate moneys made available for purposes of water quality and flood mitigation.
• Cannot acquire property by eminent domain.
1
Why participate in a Watershed Management Authority?
▪ Water management problems are greater than one community or city can handle.
• Local citizens, county boards or cities request them.
• They allow for uniform, effective actions or controls, to correct and prevent problems.
• State and federal money is available for work in WMAs.
• The Iowa Legislature passed legislation to encourage the formation of WMAs.
• Catfish Creek VVatershed is one of 6 watersheds selected as WMA pilots for Iowa.
How we can set up a Watershed Management Authority?
• All cities, counties, and Soil and Water Conservation Districts (SWCDs) within a watershed
must be invited. Not all political subdivisions have to participate, however.
• A WMA must be created pursuant to a Chapter 28E agreement between a minimum of two
political subdivisions from the same watershed.
• The WMA must be governed by a board of directors made up of appointed representatives
of the participating political subdivisions. The board shall adopt bylaws, elect a chairperson
and vice chairperson, and appoint a secretary.
What is the Catfish Creek Watershed Management Authority (CCWMA)?
• The concept of the CCWMA was initiated by the City of Dubuque and the Dubuque SWCD
on behalf of the Catfish Creek Watershed.
• The political subdivisions in the Catfish Creek Watershed are: Cities of Asbury, Dubuque,
Peosta, and Centralia, Dubuque County, and Dubuque SWCD.
• The City of Dubuque has received a State WMA Grant for establishment of the CCWMA to
be used to facilitate the 28E Agreement.
• The CCWMA will allow public and private stakeholders and policy makers to create
effective sustainable watershed management policies and practices.
• The CCWMA complements efforts of the Upper Catfish Creek Watershed pilot project.
• There is no upfront cost to join the CCWMA.
• Once CCWMA is formed, it can apply for State funding to develop a Watershed
Management Plan to improve water quality and mitigate flooding in the watershed.
• Once the CCWMA has a plan, it can apply for State funding to implement the plan.
Who serves on the Board for the Catfish Creek WMA?
• Members of the CCWMA Board will be divided among the political subdivisions.
• Each CCWMA Board member must be appointed by their respective political subdivision.
• One representative from each participating political subdivision unless agreed otherwise.
• The proposal for CCWMA Board membership is based on population, area, and value:
➢ City of Dubuque: 3 Directors
➢ Dubuque County: 2 Directors
➢ City of Asbury: 1 Director
➢ City of Peosta: 1 Director
➢ City of Centralia: 1 Director
➢ Dubuque SWCD: 1 Director
What may the Catfish Creek WMA do by law?
• Assess and reduce flood risk; assess and improve water quality; monitor federal flood risk
planning and activities; educate residents regarding flood risks and water quality; and
allocate moneys made available to it for purposes of water quality and flood mitigation.
• Enter into and execute contracts and agreements necessary to carry out its duties.
• Coordinate activities with other agencies, such as the Iowa Department of Natural
Resources, the Iowa Department of Agriculture and Land Stewardship, Councils of
Governments, public drinking water utilities, and Soil and Water Conservation Districts.
What other proposed actions may the CCWMA undertake?
• Employ staff on a full -time, part -time, or consulting basis.
• Contract for space, material and supplies to carry on its activities.
• Cooperate or contract with local, state or federal agencies or private organizations.
• In cooperation with the Dubuque SWCD, develop and complete a Watershed
Management Plan for all of Catfish Creek Watershed.
• Act as an advisory development review committee, for all political subdivisions, for all or
any land disturbing and/or hydrologic alternations to the Catfish Creek Watershed.
• Provide technical data to assist any community in preparing land use classifications, urban
Best Management Practices (BMPs), or Watershed management plans.
• Record hydrological and water quality data within the Catfish Creek Watershed.
• Establish a Technical Advisory Committee (TAC) to assist with grant applications, review
of development approvals or procedures, or technical evaluations of capital projects.
• Function in an advisory capacity to communities outside of the watershed.
MIN
▪ What is the timeline for establishment
1 of the Catfish Creek WMA?
1
March: Initial contacts with Mayors, Dubuque
County Board, and Dubuque SWCD.
April: Kick -off Meeting with elected officials and
staff to discuss CCWMA.
May: County Board, City Councils, and SWCD
Commissioners review draft 28E Agreement,
agree on any changes, and appoint
representatives.
June: County Board, City Councils, and SWCD
Commissioners approve final 28E Agreement
and file with the Iowa Secretary of State.
For more information, contact:
Eric Schmechel, Urban Conservationist
Dubuque SWCD Office -- 210 Bierman Road
Epworth IA 52045 -9529
Phone: (563) 876 -3418, #3
Email: eschmechel @dubuqueswcd.org
FILED
Matt Schultz
28E
OF l0
N
''' t11.114 Secretary of State W
fAgreement M505334
�Illllli. Q
p�r s Ati State of Iowa
aRY of o 7/16/2012 2:24:12 PM
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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:
Full Legal Name Organization Type *County
Party 1 Dubuque Soil &Water Conservation District State Agency Dubuque
Party 2 City of Dubuque City Dubuque
Party 3 City of Peosta City Dubuque
Party 4 City of Centralia City Dubuque
Party 5 City of Asbury City Dubuque
*Enter"Other"if
not in Iowa
Item 2. The type of Public Service included in this agreement is: 560 Planning
(Enter only one Service Code and Description) Code Number Service Description
Item 3. The purpose of this agreement is: (please be specific)
Creation of the Catfish Creek Watershed Management Authority.
Item 4. The duration of this agreement is: (check one) ['Agreement Expires Indefinite Duration
[mm/dd/yyyy]
Item 5. Does this agreement amend or renew an existing agreement? (check one)
m NO
❑ 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: www.sos.state.ia.us/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 Eric FIRST Name Schmechel
Title Urban Conservationist Department Urban Conservationist
Email eschmechelia.nacdnet.net Phone 5638763418#3
J
Matt Schultz 28E Agreement W FILED
EOFi0N
''''411714'7 Secretary of State Additional W_
M505334
'aJY of State of Iowa Participants 7/16/2012 2:24:12 PM
0
U-
Item 1. The full legal name, organization type and county of each participant to this agreement are (continued):
Full Legal Name Organization Type *County
Party 6 Dubuque County County Dubuque
*Enter"Other"if
not in Iowa
Prepared by and Return to:Eric Schmechel,Urban Conservationist,Dubuque Soil&Water Conservation District
210 Bierman Rd,Epworth, IA 52045 Phone:563-876-3418,#3 Fax:563-876-3653
28E AGREEMENT BY AND AMONG THE CITY OF DUBUQUE, DUBUQUE
COUNTY, THE CITY OF ASBURY, THE CITY OF PEOSTA, THE CITY OF
CENTRALIA, AND THE DUBUQUE SOIL AND WATER CONSERVATION
DISTRICT FOR THE CATFISH CREEK WATERSHED AUTHORITY
This Agreement, dated for reference purposes the 2.9 day of
��rrE , 2012, is made and entered into by and between the City of
Dubuque, Dubuque County, the City of Asbury, the City of Peosta, the City of
Centralia and Dubuque Soil and Water Conservation District.
Whereas, the parties of this agreement are governmental units of the
State of Iowa, all of which have lands which drain surface water within the Catfish
Creek Watershed and all of which have power and responsibility to construct,
reconstruct, extend and maintain storm drainage facilities to improve water
quality, reduce water quantity, promote groundwater recharge, and to protect,
promote, and preserve water resources within the Watershed; and
Whereas, the parties desire to enter into a joint and cooperative
agreement for the establishment of a Catfish Creek Watershed Authority to
effectively plan, communicate, educate, and provide guidance for the Catfish
Creek Watershed.
NOW, THEREFORE, IT IS AGREED BY AND AMONG THE PARTIES
AS FOLLOWS:
SECTION 1. NAME. The parties hereto create and establish the Catfish Creek
Watershed Management Authority.
SECTION 2. DEFINITIONS. For the purpose of this Agreement, the terms
used herein shall have the meanings as defined in this Section.
Catfish 28E 042412LBC.doc
2.1 "Authority" means the Watershed Management Authority created by this
Agreement pursuant to Iowa Code Chapter 28E and Section 466B.21.
2.2 "Board" means the Board of Directors of the Authority.
2.3 "Political subdivision" means cities, towns, counties, and soil and water
conservation districts.
.2.4 "Member" means the political subdivisions which enter into this
Agreement.
2.5 "Catfish Creek Watershed" or "Watershed" means the area contained
within a line drawn around the extremities of all terrain whose surface drainage is
tributary to Catfish Creek and within the mapped areas delineated on the map
shown in Section 3.
SECTION 3. CATFISH CREEK WATERSHED MAP
Communities In Catfish Creek Watershed
— City of Dubuque
City of Asbury
City of Peosta
City of Centralia
M other land area - Unincorporated Dubuque County
Watershed
2
2.1 "Authority" means the Watershed Management Authority created by this
Agreement pursuant to Iowa Code Chapter 28E and Section 4666.21.
2.2 "Board" means the Board of Directors of the Authority.
2.3 "Political subdivision" means cities, towns, counties, and soil and water
conservation districts.
2.4 "Member" means the political subdivisions which enter into this
Agreement.
2.5 "Catfish Creek Watershed" or "Watershed" means the area contained
within a line drawn around the extremities of all terrain whose surface drainage is
tributary to Catfish Creek and within the mapped areas delineated on the map
shown in Section 3.
SECTION 3. CATFISH CREEK WATERSHED MAP
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Communities in Catfish Creek Watershed L 77 y
I 1 City of Dubuque '"'a y` t_mss
I I City of Asbury - .�1 t
I I City of Peosta { -',t f 1 i- .
f I City of Centralia -r
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All other land area-Unincorporated Dubuque County{
d At-
Watershed '''F ,
s
2
SECTION 4. MEMBERSHIP. The Authority shall consist of all the following
political subdivisions:
(1) The City of Dubuque;
(2) Dubuque County;
(3) The City of Asbury;
(4) The City of Peosta;
(5) The City of Centralia;
(6) Dubuque Soil and Water Conservation District.
SECTION 5. BOARD OF DIRECTORS
5.1 The governing body of the Authority shall be the Board.
5.2 Directors of the Board shall be divided among the political subdivisions
comprising the Authority and shall be appointed by the respective political
subdivision's elected legislative body.
5.3 Based upon Watershed demographics (area, population, and value) the
Directors of the Board shall be appointed in the following manner:
(1) The City of Dubuque: 3 Directors
(2) Dubuque County: 2 Directors
(3) The City of Asbury: 1 Director
(4) The City of Peosta: 1 Director
(5) The City of Centralia: 1 Director
(6) Dubuque Soil and Water Conservation District: 1 Director
5.4 The Directors shall serve staggered terms of four years. The initial Board
shall determine, by lot, the initial terms to be shortened and lengthened, as
necessary, to achieve staggered terms. A person appointed to fill a vacancy shall
be appointed in the same manner as the original appointment for the duration of
the unexpired term. A Director is eligible for reappointment.
5.5 The Board may provide procedures for the removal of a Director who fails
to attend three consecutive regular meetings of the board. If a Director is so
removed, a successor shall be appointed for the duration of the unexpired term
of the removed Director in the same manner as the original appointment. The
appointing body may at any time remove a Director appointed by it for
misfeasance, nonfeasance, or malfeasance in office.
5.6 The Board shall adopt bylaws and shall elect one Director as chairperson
and one Director as vice chairperson, each for a term of two years, and shall
appoint a secretary who need not be a Director. It shall be the duty of the
3
chairperson to appoint a Director to keep minutes at all meetings.
5.7 The Board shall comply with Open Meeting Law.
5.8 A majority of the membership of the Board shall constitute a quorum for
the purpose of holding a meeting of the Board. The affirmative vote of a majority
of a quorum shall be necessary for any action taken by an Authority unless the
Authority's bylaws specify those particular actions of the Authority requiring a
greater number of affirmative votes. A vacancy in the membership of the Board
shall not impair the rights of a quorum to exercise all the rights and perform all
the duties of the Authority.
5.9 Directors shall serve without compensation from the Board, but this shall
not prevent a governmental unit from providing compensation for its Director for
serving on the board, if such compensation is authorized by such governmental
unit and by law. Board funds may be used to reimburse a Director for expenses
incurred in Board business and authorized by the Board.
5.10 The Board shall meet quarterly and/or as deemed necessary to set goals,
and to review current and potential developments, grant opportunities, past
accomplishments and future challenges.
5.11 The Board shall hold an Annual Review meeting each December to review
accomplishments, challenges, and the associated fee schedule.
5.12 A political jurisdiction which has chosen not to join the Authority, may join
in the future upon approval of the Board.
SECTION 6. POWERS OF THE BOARD. The Board may:
6.1 Assess the flood risks in the watershed.
6.2 Assess the water quality in the watershed.
6.3 Assess options for reducing flood risk and improving water quality in the
watershed.
6.4 Monitor federal flood risk planning and activities.
6.5 Educate residents of the watershed area regarding water quality and flood
risks.
6.6 Allocate moneys made available to the authority for purposes of water
quality and flood mitigation.
4
6.7 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.
6.8 Employ such persons as it deems necessary to accomplish its duties and
powers. Any employee may be on a full-time, part-time, or consulting basis as
the Board determines and shall be considered Board staff.
6.9 Contract for space and for material and supplies to carry on its activities.
6.10 Cooperate or contract with the State of Iowa or any subdivision thereof or
federal agency or private or public organization to accomplish the purposes for
which it is organized.
6.11 In cooperation with the Dubuque Soil and Water Conservation District,
appoint or administer a procedure to develop and complete a Watershed
management plan for all of Catfish Creek.
6.12 Act as an advisory development review committee, for all political
subdivisions, for all or any land disturbing and/or hydrologic alternations to the
Watershed.
6.13 Provide any member with technical data or any other information of which
the board has knowledge; which will assist the political subdivision in preparing
land use classifications, urban Best Management Practices (BMPs), or
Watershed management plans.
6.14 Establish and maintain devices for acquiring and recording hydrological
and water quality data within the Watershed.
6.15 Establish a Technical Advisory Committee (TAC) comprised of staff from
each Member. The TAC may be used to assist with grant applications, review of
development approvals or procedures, or technical evaluations of capital
projects.
SECTION 7. ADMINISTRATION. Administration of the Authority will be co-
coordinated by the Dubuque Soil and Water Conservation District's Urban
Conservationist and a member of the City of Dubuque's Engineering staff as
appointed by the City Manager until the Board determines under Section 6.8 that
another method is more appropriate or viable.
SECTION 8. COMMUNICATIONS. Each party shall designate an individual as
the primary contact. Such designation shall be in writing, and any change in
designation shall also be in writing.
5
SECTION 9. DURATION; WITHDRAWAL OF MEMBER
9.1 This Agreement shall take effect upon execution by the parties as required
by law, filing with the secretary of state and recording with the county recorder.
This Agreement shall be in effect perpetually until terminated by agreement of all
of the parties.
9.2 A party may withdraw from the Authority at any time by providing the other
parties sixty (60) days notice of intent to withdraw.
9.3 A governmental subdivision which has withdrawn from the Authority may
re-join upon written request to the Board.
SECTION 10. PARTNERSHIP OR JOINT VENTURE. The parties to this
Agreement acknowledge that this is an independent venture of the parties and
that none of the parties is a partner or joint venturer with any other party. The
parties have no duties or responsibilities to each other, financial or otherwise,
except as described herein.
SECTION 11. ENTIRE AGREEMENT.
11.1 This Agreement contains the entire agreement and integrates all of the
terms and conditions contained in and incidental to such agreement and
supersedes all prior negotiations and communications concerning this
agreement, oral or written, between the parties, their agents, employees and
representatives. 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 affect of
the other provisions shall not be affected thereby.
11.2 If any provisions of this Agreement is found to be invalid by any court,
administrative agency, or tribunal of competent jurisdiction, the invalidity of any
such provision shall not affect the validity of the remaining provisions hereof.
11.3 This Agreement shall be binding upon and inure to the benefit of the
parties and their respective successors and assigns. The parties agree that
none of the parties shall have the right to assign their rights and obligations
hereunder to any party without prior written consent of the other parties. Such
consent shall not be unreasonably withheld.
SECTION 12. GOVERNING LAW. This Agreement shall be governed by and
interpreted under the laws of the State of Iowa.
SECTION 13. PROHIBITION ON TAXATION. The Authority shall have no
authority to levy any tax.
6
SECTION 14. AMENDMENTS. This Agreement may be amended at any time
by the parties. All amendments shall be in writing, signed by all of the parties,
and filed in an electronic format with the Iowa Secretary of State as required by
Iowa Code section 28E.8 (2011).
SECTION 15. FILING AND RECORDING. It is agreed that the Dubuque Soil
and Water Conservation District's Urban Conservationist will file this Agreement
in an electronic format with the Iowa Secretary of State as required by Iowa Code
section 28E.8 (2011).
(Signature Pages To Follow)
7
APPROVED BY: DUBUQUE COUNTY BOARD OF SUPERVISORS
Date: Zoe_ , 2012
Daryl Klein, hair
ATTEST: )/i01--,A)P-hCvnC� -�.
Mona Manternach
Dubuque County Auditor
STATE OF IOWA )
COUNTY OF DUBUQUE ) ss:
This instrument was acknowledged before me on the 16 day of ,
2012 by Wayne Demmer and Mona Manternach, as Chair of the Dubuque
County Board of Supervisors and Dubuque County Auditor, respectively.
dxg qa9 AW '""'�. uiwNOTARY PUBLIC FOR THE STATE OF IOWA
E9SEGl iegwnw uoissiwwoo
"s‘V IHt/W
APPROVED BY: DUBUQUE SOIL and WATER CONSERVATION DISTRICT
Date: , 2012
Melvin Wilgenbusch, Chairman
STATE OF IOWA )
COUNTY OF DUBUQUE ) ss:
This instrument was acknowledged before me on the day of
2012 by Melvin Wilgenbusch as Chairperson of the Dubuque Soil and Water
Conservation District.
NOTARY PUBLIC FOR THE STATE OF IOWA
APPROVED BY: DUBUQUE COUNTY BOARD OF SUPERVISORS
Date: , 2012
Wayne Demmer, Chair
ATTEST:
Mona Manternach
Dubuque County Auditor
STATE OF IOWA )
COUNTY OF DUBUQUE ) ss:
This instrument was acknowledged before me on the day of
2012 by Wayne Demmer and Mona Manternach, as Chair of the Dubuque
County Board of Supervisors and Dubuque County Auditor, respectively.
NOTARY PUBLIC FOR THE STATE OF IOWA
APPROVED BY: DUBUQUE SOIL and WATER CONSERVATION DISTRICT
,e,j `(,)4d.iveet%7 Date: 57 2012
M Ivin Wilgenbu' h, Chairman
STATE OF IOWA )
COUNTY OF DUBUQUE ) ss:
This instrument was acknowledged before me on the J day of J v ri 2 ,
2012 by Melvin Wilgenbusch as Chairperson of the Dubuque Soil and Water
Conservation District.
# /
Sandralee M. Scott •- =' _ e•
'" ,a■3�
rowr
Iowa Notarial Seal • ARY P • *E ST` E OF IOWA
Commission Number 146807
My Commission Expires 04/14/2015
APPROVED BY: CITY OF DUBUQUE
A_1 Date: May 7 , 2012
Roy O. B.•I, Mayor
ATTEST: oar/
K=, i S. Firnstahl
City Clerk
STATE OF IOWA )
COUNTY OF DUBUQUE ) ss:
This instrument was acknowledged before me on the —) day of rm ,
2012 by Roy D. Buol and Kevin Firnstahl, as Mayor of the City of Dubuque and
City Clerk of Dubuque, respectively.
`, i Commission Number719986 NOTARY PUBLIC FOR THE STATE OF IOWA
` My Commission Expires
APPROVED BY: ASBURY CITY COUNCIL
Date: , 2012
James Adams, Mayor
ATTEST:
Sara Burke
City Clerk
STATE OF IOWA )
COUNTY OF DUBUQUE ) ss:
This instrument was acknowledged before me on the day of
2012 by James Adams and Sara Burke, as Mayor of the City of Asbury and City
Clerk of Asbury, respectively.
NOTARY PUBLIC FOR THE STATE OF IOWA
APPROVED BY: CITY OF DUBUQUE
Date: , 2012
Roy D. Buol, Mayor
ATTEST:
Kevin S. Firnstahl
City Clerk
STATE OF IOWA )
COUNTY OF DUBUQUE ) ss:
This instrument was acknowledged before me on the day of ,
2012 by Roy D. Buol and Kevin Firnstahl, as Mayor of the City of Dubuque and
City Clerk of Dubuque, respectively.
NOTARY PUBLIC FOR THE STATE OF IOWA
APPROVED BY: ASBURY CITY COUNCIL
v
0111
Date: May 22 , 2012
c1ii-
Robert Reisch, Mayor Protem
ATTES •
a Bur: -
City Clerk
STATE OF IOWA )
COUNTY OF DUBUQUE ) ss:
This instrument was acknowledged before me on the 23rd day of MAS 7 ,
2012 by Robert ReisOand Sara Burke, as Mayor of the City of Asbury and City
Clerk of Asbury, respectively. 4V:le
/ �
NOTAR°Y'� BL FOR THE STATE OF IOWA
*com722:(NjuMblieriL71-3980
• My Commission Expires
December 10, 2013 ,
APPROVED BY: PEOSTA CITY COUNCIL
TIII auvezi4.4,4.
.e.., Date: S7 dz 6/ , 2012
Y
Dick Avenarius, Mayor
ATTEST. $ ), INCNIC;-&____
Karen nyder
City Clerk
STATE OF IOWA )
COUNTY OF DUBUQUE ) ss:
This instrument was acknowledged before me on JL""- 2 S , 2012 by Dick
Avenarius and Karen Snyder, as Mayor of the City of Peosta and City Clerk of
Peosta, respectively.
"":6,02
a LINDA A. AUGUSTIN b
Commission Numb 728899 NOTARY PUBLIC FOR THE STATE OF IOWA
My comm. Exp. ��`�'JZOI.3
APPROVED BY: CENTRALIA CITY COUNCIL
Date: , 2012
Jean Wuertzer, Mayor
ATTEST:
David Schueller
City Clerk
STATE OF IOWA )
COUNTY OF DUBUQUE ) ss:
This instrument was acknowledged before me on , 2012 by Jean
Wuertzer and David Schueller, as Mayor of the City of Centralia and City Clerk of
Centralia, respectively.
NOTARY PUBLIC FOR THE STATE OF IOWA
APPROVED BY: PEOSTA CITY COUNCIL
Date: , 2012
Dick Avenarius, Mayor
ATTEST:
Karen Snyder
City Clerk
STATE OF IOWA )
COUNTY OF DUBUQUE ) ss:
This instrument was acknowledged before me on , 2012 by Dick
Avenarius and Karen Snyder, as Mayor of the City of Peosta and City Clerk of
Peosta, respectively.
NOTARY PUBLIC FOR THE STATE OF IOWA
APPROVED BY: CENTRALIA CITY COUNCIL
Date: //&/ , 2012
Jean ertzer, Mayor
ATTEST:
David Sc u Iter G ��
City Clerk
STATE OF IOWA )
COUNTY OF DUBUQUE ) ss:
This instrument was acknowledged before me on /i44,. % , 2012 by Jean
Wuertzer and David Schueller, as Mayor of the City of Centralia and City Clerk of
Centralia, respectively.
NOTAR�BLIC FOR THE STATE OF IOWA
o, PEGGY ILEHMANN
.. Comm.sslonNumber i8'.4O 5
ki)Go^m^^iss,on Erplres,l•`101-D/6-