HomeMy Public PortalAboutResolutions-2015-092RESOLUTION: 2015-092
RESOLUTION APPROVING THE ARTICLES OF AGREEMENT
CREATING THE CLEAR CREEK WATERSHED COALITION
WHEREAS: the City of Tiffin desires to enter into an Agreement that would establish a Watershed
Management Authority within the Clear Creek Watershed to enable cooperation in watershed planning
and improvements pursuant to Iowa Code Chapter 4666.23 and;
WHEREAS: Chapter 28E of the Code of Iowa provides the authority for public agencies to enter into
agreements for their mutual advantage and;
WHEREAS: this Agreement is made and entered into by the eligible political subdivisions that adopt
these Articles of Agreement, including the cities of Coralville, North Liberty, Tiffin, Oxford, Iowa City; the
counties of Iowa and Johnson; and the Iowa County Soil & Water Conservation District and the Johnson
County Soil & Water Conservation District;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY TIFFIN, IOWA:
1. The Mayor and the City Administrator/Clerk are hereby authorized to sign and execute the
Articles of Agreement for the Clear Creek Watershed Coalition, a copy of which is attached
hereto and incorporated herein by this reference.
2. Said Agreement is hereby approved as to form and content and is found to be in the best
interest of the City of Tiffin, Iowa and the eligible political subdivisions that adopt these Articles
of Agreement, including the cities of Coralville, North Liberty, Tiffin, Oxford, Iowa City; the
counties of Iowa and Johnson; and the Iowa County Soil & Water Conservation District and the
Johnson County Soil & Water Conservation District.
3. The City Administrator/Clerk is hereby authorized to file a copy of this Resolution and
Agreement with the Secretary of State, as required by Chapter 28E, Iowa Code.
It was moved by Bartels and seconded by Havens the Resolution be adopted.
PASSED and APPROVED this 22nd day of July, 2015.
Steven L. Berner, Mayor of Tiffin, Iowa
ATTEST:
Doug oldt, y dministrator/Clerk
CLEAR CREEK WATERSHED COALITION
ARTICLES OF AGREEMENT
THIS AGREEMENT is made and entered into pursuant to Iowa Code Chapter 28E by and
between the eligible political subdivisions that adopt these Articles of Agreement (hereinafter
"Agreement"), including the cities of Coralville, Iowa City, North Liberty, Oxford and Tiffin; the
counties of Iowa and Johnson; the Iowa County Soil & Water Conservation District; and the
Johnson County Soil & Water Conservation District (hereinafter "Members").
WHEREAS, Chapters 28E and 466B of the Code of Iowa (2015), as amended, authorize the
Members to establish a Watershed Management Authority to enable cooperation in watershed
planning and improvements for the mutual advantage of the Members; and
WHEREAS, pursuant to Section 466B.23 of the Code of Iowa (2015), said Watershed
Management Authority may perform any or all of the following activities:
1. Assess flood risks in the watershed;
2. Assess the water quality in the watershed;
3. Assess options for reducing flood risks and improving water quality in the
watershed;
4. Monitor federal flood risk planning and activities;
5. Educate citizens regarding water quality and flood risks;
6. Allocate monies made available to the authority for the purposes of water quality
and flood mitigation; and
7. Make and enter into contracts and agreements and execute all instruments
necessary or incidental to the performance of the duties of the authority; and
WHEREAS, the Members have determined it is in their mutual best interest to enter into
an agreement pursuant to Chapter 28E of the Code of Iowa (2015) to establish a Watershed
Management Authority and to outline the responsibilities of the parties.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND CONDITIONS
CONTAINED HEREIN, THE MEMBERS AGREE AS FOLLOWS:
SECTION 1— IDENTITY OF THE MEMBERS AND WATERSHED
1.1 The counties of Iowa and Johnson are each a political subdivision of the State of Iowa.
Their respective addresses are:
Iowa County, 970 Court Avenue, Marengo, IA 52301
Johnson County, 913 South Dubuque Street, Iowa City, Iowa 52240
Clear Creek Watershed Coalition Agreement 1
Final Draft — July 8, 2015
SECTION 5 —DURATION
5.1 This Agreement shall be in effect in perpetuity until or unless terminated pursuant to
Section 11.
SECTION 6 — PURPOSE OF THE CCWC
6.1 The Members generally will cooperate with one another with respect to the Watershed
and engage in the activities authorized by Section 46613.23. CCWC's activities will include, but
not be limited to, the following:
Utilizing watershed level assessments and planning;
b. Increasing communication and coordination among the Members in addressing
flooding and water quality in the Watershed;
Supporting the Members' efforts to manage storm water runoff to prevent
erosion, increase infiltration, promote groundwater recharge and mitigate
flooding;
d. Promoting efforts to protect and enhance beneficial uses of waterways within the
Watershed such as fish and wildlife habitat and water recreation;
e. Promoting uniform policies for surface and groundwater management;
f. Increasing public education regarding flooding and water quality;
g. Seeking funding opportunities to support the mission of the CCWC; and
h. Providing a forum for the exchange of ideas among the Members.
SECTION 7 — POWERS AND DUTIES OF MEMBERS
7.1 The Members of this Agreement shall retain all powers and duties conferred by law and
shall assist each other in the exercise of such powers and the performance of this Agreement.
Any Member may accept a specific responsibility to assist with achieving the goals of the CCWC.
Said responsibilities include, but are not limited to:
Identifying opportunities for funding or in-kind support for the undertaking of
watershed planning, assessments, and improvements within the Watershed;
b. Serving as the fiscal agent for the CCWC when it receives funding;
C. Identifying opportunities for infrastructure development and planning capable of
assessing and mitigating flood risks and improving water quality in the watershed;
d. Identifying best management practices for water quality improvements and to
prevent erosion, increase infiltration, promote groundwater recharge and mitigate
flooding;
Participating in educational and outreach programs regarding water quality and
flood risks;
Providing support for the administration of projects, as agreed to by the
Members;
Clear Creek Watershed Coalition Agreement 3
Final Draft — July 8, 2015
SECTION 12—GENERAL PROVISIONS
12.1 Entire Agreement: This Agreement contains the entire agreement 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
Members. 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.
12.2 Severability: If any provision 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.
12.3 Assignment: This Agreement shall be binding upon and inure to the benefit of the
Members and their respective successors and assigns. Members are limited by law to counties,
cities, and soil and water conservation districts.
SECTION 13 —GOVERNING LAW
13.1 This Agreement shall be governed by and interpreted under the laws of the State of Iowa.
SECTION 14 — EFFECTIVE DATE, EXECUTION OF DOCUMENTS AND RECORDATION
14.1 This Agreement shall take effect upon execution by the Members as required by law and
filing in an electronic format with the Iowa Secretary of State as required by Iowa Code Section
28E.8. The Members agree to timely execute any documents necessary to carry out the terms of
this Agreement. The Members further agree that this document may be executed outside the
presence of the other Members and in separate counterparts.
Clear Creek Watershed Coalition Agreement 5
Final Draft — July 8, 2015