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HomeMy WebLinkAbout2009-118 Council Resolution• • • O'Donnell Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES, MINNESOTA RESOLUTION NO. 09 -118 CONTRACT FOR JOINT USAGE OF WATER FACILITIES BY AND BETWEEN THE CITY OF LINO LAKES AND THE CITY OF CENTERVILLE WHEREAS, On March 10, 1999 the City of Lino Lakes and the City of Centerville entered into a joint powers agreement that provided an interconnect between the two cities' water distribution systems; and WHEREAS, This partnership provides both communities with an alternate water supply in emergency situations; and WHEREAS, Water flow recording meters where installed on both sides of the interconnection line for the purpose of measuring flow from the Lino Lakes water system into the Centerville water system and the flow from the Centerville water system into the Lino Lakes water system; and WHEREAS, The original agreement indicated that the meters would be read at the end of each calendar quarter with the city with the greatest net flow billing the other city. Payments were based on the current respective City residential rate at the time of billing; and WHEREAS, Actual past practice has been for the City receiving the greatest net flow to reimburse the other city in the form of water which may be used within twelve months; and WHEREAS, Resolution 09 -118 simply updates in writing the current method of reimbursement between Lino Lakes and Centerville. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota, that the Mayor and Clerk are hereby authorized to execute, on behalf of the City, an agreement between the City of Lino Lakes and the City of Centerville for joint usage of water facilities. u e Bartell,{ Cit Jerk Adopted by the Lino Lakes City Council this 28th day of December, 2009. • The motion for the adoption of the foregoing resolution was duly seconded by Council Member Gallup and upon vote being taken thereon, the following voted in favor thereof: O'Donnell, Gallup, Reinert, Roeser, Bergeson The following voted against same: Whereupon said resolution was declared duly passed and adopted. AGENDA ITEM NO. 1D I/TAFF ORIGINATOR: Rick DeGardner, Public Services Director DATE: December 28, 2009 TOPIC: Consideration of Resolution 09 -118, Contract for Joint Usage of Water Facilities By and Between the City of Lino Lakes and the City of Centerville VOTE REQUIRED: Simple Majority BACKGROUND: On March 10, 1999 the City of Lino Lakes and the City of Centerville entered into a joint powers agreement that provided an interconnect between the two cities' water distribution systems. This partnership provides both communities with an alternate water supply in emergency situations. Water flow recording meters where installed on both sides of the interconnection line for the purpose of measuring flow from the Lino Lakes water system into the Centerville water system and the flow from the Centerville water system into the Lino Lakes water system. The original agreement indicated that the meters would be read at the end of each calendar quarter with the city with the greatest net flow billing the other city. Payments were based on the current •sPective City residential rate at the time of billing. Actual past practice has been for the City receiving the greatest net flow to reimburse the other city in the form of water which may be used within twelve months. Resolution 09 -118 simply updates in writing the current method of reimbursement between Lino Lakes and Centerville. OPTIONS: 1. Approve Resolution 09 -118, Contract for Joint Usage of Water Facilities By and Between the City of Lino Lakes and the City of Centerville. 2. Do not approve Resolution 09 -118. RECOMMENDATION: Option 1. • • • INTERCONNECT AGREEMENT CONTRACT FOR JOINT USAGE OF WATER FACILITIES BY AND BETWEEN THE CITY OF LINO LAKES AND THE CITY OF CENTERVILLE, ANOKA COUNTY, MINNESOTA THIS AGREEMENT, made and entered into this day of, , by and between the City of Lino Lakes, a municipal corporation, situated in Anoka County, Minnesota, hereinafter called "Lino Lakes ", and the City of Centerville, a municipal corporation, situated in Anoka County, Minnesota, hereinafter called "Centerville ". Both Lino Lakes and Centerville have the authority to enter into this agreement pursuant to Minnesota Statute 471.59. WHEREAS, Lino Lakes has constructed a water system capable of providing emergency and peak demand water supply service to Centerville, and Centerville has constructed a water system capable of providing emergency and peak demand water supply service to Lino Lakes, including the construction of an elevated water storage tank and trunk watermains. WHEREAS, an interconnection has been constructed between the two communities water systems providing the means for each city to provide such peak or emergency demand water supply service to the other. WHEREAS, water flow recording meters have been installed at the interconnection line for the purpose of measuring the flow from the Lino Lakes water system into the Centerville water system and the flow from the Centerville water system into the Lino Lakes water system. NOW, THEREFORE, the parties hereto agree as follows: SECTION 1. OWNERSHIP AND MAINTENANCE 1. Lino Lakes shall have ownership and be responsible for operation and maintenance of the water system located within the corporate boundaries of Lino Lakes. Centerville shall have ownership and be responsible for operation and maintenance of the water system located within the corporate boundaries of Centerville. 2. The interconnection line, metering manhole, and appurtenances shall be jointly maintained by the two cities and costs for such maintenance shared equally. 3. The cities of Centerville and Lino Lakes shall adopt an "odd/even" lawn watering policy. The cities shall enforce total lawn watering bans that may be necessary to manage use and available supply. • • SECTION 2. CHARGES The single two -way meter installed on the interconnect shall be read at the end of each calendar quarter. The city receiving the greatest net flow shall reimburse the other city in the form of water which may be used within twelve months. In the event that that city does not have water capacity to provide the reimbursement in the form of water, they shall instead reimburse the providing city for the cost of such water at a rate of 80% of the providing city's residential water rate at the time of billing. Payments shall be made on or before the 20th day of the month following the end of the quarter. SECTION 3. WATER STANDARDS AND CONSTRUCTION 1. Each city's water supply shall provide clean, safe, potable water. Lino Lakes and Centerville agree that they shall exercise reasonable care to prevent toxic or harmful substances from contaminating the water supply of the other party. In the event that either party fords or has reason to believe that contamination exists in its system, or upon a finding that their water is not potable, that city shall notify the other immediately. Upon request, each city shall supply the other city with copies of yearly analytical test data from the Minnesota Department of Health. If either city allows volatile organics to be discharged into the water system, such items shall be eliminated by the responsible city. Failure to comply with this section shall be grounds for immediate termination of the water exchange system. 2. All watermain construction within Centerville or Lino Lakes shall meet the most recent City Engineers Association of Minnesota "Standard Utilities Specifications for Watermain and Service Line Installation and Sanitary Sewer and Storm Installation." Neither party shall substantially change the specifications for any parts of the water system which would be interconnected between the cities without the notification of the other. SECTION 4. INDEMNIFICATION Each party agrees to indemnify the other and save the other harmless from any and all claims or demands for damages arising out of or which may result from the water supply pursuant to this Agreement, and from the use, installation, maintenance, and repair of its facilities as set forth in this Agreement. SECTION 5. EVENT OF EMERGENCY Either party shall have the absolute right to close off the interconnect in the event of a water emergency where the City in its sole judgment will be unable to supply any water needs of the other. • SECTION 5. TERMINATION In addition to the termination provisions in Section 3, either city shall have the • • • right to cancel this Agreement on account of any violation of the terms and conditions of this Agreement by the other city by first giving thirty (30) days written notice to the other party of such violation and a failure to correct the violation within said thirty (30) day period of time. Either city shall have the right to cancel and annul this Agreement, without cause, by first giving three (3) years written notice to the other party of such intent to cancel this Agreement, no further payments shall be due hereunder, except obligations arising prior to the effective date of termination. Upon such effective date of termination, the connection between the water system of Lino Lakes and the water system of Centerville shall immediately be disconnected by the party terminating the agreement. SECTION 6. EFFECTIVE DATE OF THIS AGREEMENT This Agreement shall take effect and be in force after the date of execution of the same by the proper officers of Centerville and Lino Lakes, pursuant to approval of the governing bodies of the municipalities, accepting and agreeing to abide and be bound by the terms, provisions, and conditions hereof and authorizing such execution. CITY OF CENTERVILLE Attest: City Clerk Mayor Dated this day of , 20 CITY OF LINO LAKES Attest: City Clerk Mayor Dated this day of , 20