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4.8 at <br />JOINT POWERS AGREEMENT <br />BETWEEN SHERBURNE COUNTY/SWCD AND CITY OF ELK RIVER <br />Adopt a Drain Program <br />THIS AGREEMENT is made and entered into this 17t' day of June 2024, (the "Effective <br />Date") by and between the Sherburne Soil and Water Conservation District, ("SWCD"), and the <br />Municipality/County of Elk River. <br />WHEREAS, SWCD and the Municipality have vested interests in improving water <br />quality in our County; and <br />WHEREAS, the Municipality has identified drains that take surface waters from the <br />roads and discharge into the waters of the County; and <br />WHEREAS, both parties to this agreement seek to engage the public in the protection of <br />the waters of the County through a program called "Adopt a Drain" which SWCD is interested in <br />facilitating; and <br />WHEREAS, Minn. Stat. § 471.59 authorizes the SWCD and the Municipality to enter <br />into an agreement for the joint exercise of powers and the sharing of resources; and <br />WHEREAS, SWCD and the Municipality agree that cooperating is in the best interest of <br />the public, and therefore enter into this Agreement to identify the responsibilities and obligations <br />of each of the parties in this cooperative effort. <br />NOW, THEREFORE, in consideration of the premises and covenants contained herein <br />and subject to the provisions of Minn. Stat. § 471.59, the parties agree as follows: <br />Purpose. The parties enter into this Agreement for the purpose of facilitating the program <br />known as Adopt a Drain. <br />2. Term. Notwithstanding the date of the signatures of the parties, the term of this <br />Agreement shall commence on the Effective Date and, unless earlier terminated pursuant <br />to this Agreement, shall terminate as set forth in this agreement. <br />3. Duties of the Municipality. <br />3.1. Identification of Drains. By entering into this agreement, the Municipality agree <br />to allow SWCD to operate a program that provides for the adoption of a drain by <br />citizens on roads under the Municipality's authority. The Municipality shall <br />provide information in a format that is mutually agreeable to both parties which <br />identifies their road system and the drains that flow into the waters of the County <br />that would be eligible for <br />Page 45 of 372 <br />