8C, City - County Joint Powers Agreement for TCAAP

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use. To this end, the County and City have been working on a Joint Powers Agreement (JPA)that outlines the role and responsibilities of each party as it relates to the TCAAP site. October 29th Council Work Session The JPA was discussed with the City Council at the October 29, 2012 work session. Most of the Council comments on October 29th related to the cost for trunk utilities and the cost for the planning documents—the Alternative Urban Areawide Review(AUAR) and the Master Plan. The Council wanted to know how much the City needed to spend and how the City is going to recapture its investment. The Council wanted the City to minimize its financial risks. Discussion included why this TCAAP site and project is unique and what the City is doing differently in working with the County versus how the City would interact with a private developer. Joint Powers Agreement Mike Norton, Kennedy & Graven, has been instrumental in helping the City with the terms and conditions of the JPA and has been the main author of the JPA document. Mike Norton will be at this City Council meeting to answer questions from the Council on the JPA. Attached for your review is the proposed JPA. Two key components of the JPA that need discussion by the City Council are the Joint Development Authority (Article Il) and the TCAAP Master Plan (Article I1I). Comments in this memo are intended to be a response to some of the questions raised by the Council at the October 29th work session and to highlight the main JPA issues. The JPA document is lengthy and if a point-by-point review of the JPA is desired, then a special meeting or work session with our Attorney may be needed. Article II - Joint Development Authority Pursuant to the authority of the Joint Powers Act and the draft JPA, the City and the County agree to create a joint powers board called the Joint Development Authority (JDA). The purpose of the JDA is to exercise the common powers of the City and the County for the redevelopment of the TCAAP site. Per the Joint Powers Act,the JDA will be a governmental entity of the State. One of the main responsibilities of the JDA is the implementation of the TCAAP Master Plan. The JDA will have five (5) members; two from the County Board, two from the City Council, and one non-elected official appointed by the City Council (section 2.3.1.). The general authority of the JDA Board is listed in section 2.3.2. The County is to serve as the fiscal agent for the JDA (section 2.3.3.). Also, the County shall fund the initial and ongoing expenses of the JDA (section 2.3.4.). 2