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HomeMy WebLinkAbout2006-079 Council Resolution• Council Member &erlsoil introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 06 -79 RESOLUTION APPROVING JOINT POWERS AGREEMENT WITH CITY OF CENTERVILLE (21ST AVENUE IMPROVEMENTS) WHEREAS, Minnesota Statutes, Section 471.59, authorizes political subdivisions to enter into Joint Powers Agreements, and WHEREAS, the City of Lino Lakes and the City of Centerville agree that it is in the best interest of the traveling public to construct the extension of 21" Avenue and backage road to County Road 54; and WHEREAS, said parties mutually agree that the City of Centerville shall cause the construction of 21' Avenue extension and backage road and WHEREAS, the parties agree that it is in their best interest that the cost of said project be shared, NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. that the City Council hereby approves the Joint Powers Agreement with the City of Centerville for the construction of 21" Avenue South and authorizes execution of said agreement attached hereto as • it A. John B erg son, ayor Adopted by the Lino Lakes City Council this 8th day of May, 2006. The motion for the adoption of the foregoing resolution was duly seconded by Council Member -Foltz and upon vote being taken thereon, the following voted in favor thereof: Oct tlson, g-I-D i'Zeitr�erG, 6)ocnnetl,13er9eson The following voted against same: • Whereupon said resolution was declared duly passed and adopted. • • • EXHIBIT A JOINT POWERS AGREEMENT BETWEEN THE CITY OF LINO LAKES AND THE CITY OF CENTERVILLE REGARDING 21 ST AVENUE ROADWAY, PHASE 2 IMPROVEMENTS AND MAINTENANCE THIS AGREEMENT, made and entered into on the day and year hereinafter set forth by and between the City of Centerville and the City of Lino Lakes; both of which are governmental subdivisions of the State of Minnesota located in the County of Anoka. RECITALS: 1. The City of Centerville and the City of Lino Lakes desire to improve 21st Avenue by constructing street, curb & gutter and storm sewer between a point 600 feet south of Main Street and a point approximately 1400 feet south of Main Street. 2. The City of Centerville has prepared a feasibility study of the Project as defined by this agreement. 3. A portion of the Project is to be constructed within the corporate limits of the City of Lino Lakes and a portion is to be constructed within the corporate limits of the City of Centerville. (Exhibit A). 4. Subject to the terms hereof, Centerville is assuming full responsibility for the design and construction of the Project to be built both within the corporate limits of Lino Lakes and Centerville. 5. Lino Lakes and Centerville recognize and acknowledge that the Project will benefit both Lino Lakes and Centerville. 6. Lino Lakes and Centerville will both assess the benefited properties within their jurisdictions for all, or a portion of the relevant costs of the Project, all as is more fully set forth below. PURPOSE The purpose of this Agreement is to set forth the terms of the agreement Lino Lakes and Centerville have reached regarding the design and construction, maintenance and financing of the Project both within the corporate limits of Lino Lakes and Centerville, in accordance with Minnesota Statutes, Section 471.59. AGREEMENT • NOW, THEREFORE, in consideration of the mutual undertakings herein expressed, Lino Lakes and Centerville agree as follows: 1. Centerville is responsible for the design and construction of both the portion of the Project located within Centerville and the portion of the Project located within Lino Lakes. Therefore, the parties agree that: a. Centerville shall design the Project, administer the construction and conduct inspections of the construction process. Lino Lakes shall have the right to inspect, review and comment upon construction of the Project. Lino Lakes shall have the right to review and approve the final plans and specifications prior to advertisement for bids. b. For purposes of performing its obligations under this Agreement, Lino Lakes hereby grants to Centerville the rights to use the streets, public ways, and easements of Lino Lakes for purposes of constructing the Project, including any excavations necessary to perform work incidental to the performance of this agreement; and Centerville hereby agrees, through its departmental agencies, to cooperate to the fullest extent in the protection of any excavations or barricades that may be necessary for the work performed by Centerville. c. Centerville agrees to notify and coordinate with businesses in Lino Lakes that are located along 21St Avenue as early as practical to review the construction schedule of the Project. d. Centerville and Lino Lakes will each acquire the necessary right of way to permit the construction of the street extension. 2. Lino Lakes shall contribute $150,000 as its share of the project and may collect its share as a special assessment against benefited property owners of Lino Lakes. The. remaining portion of the project shall be paid by Centerville who may specially assess all or a portion of its share from benefiting property owners of Centerville. Each municipality shall be responsible for the sale of bonds, if any, and levy of special assessments against properties within their cities boundaries. 3. Each city has the right to terminate this Agreement prior to award of a construction contract. • • 4. City of Centerville shall receive, from the City of Lino Lakes, $75,000 within 30 days of award of a construction contract and the remaining $75,000 within 30 days of completion of the pavement wear course. • • 5. Before this Agreement shall become binding and effective it shall be approved by an appropriate resolution of the City Council of Centerville and of the City Council of Lino Lakes, which shall be attached hereto as Exhibits B and C, respectively. 6. The City of Lino Lakes shall maintain 21St Avenue by performing annual street sweeping, crack sealing and pothole filling. The City of Centerville shall maintain 21st Avenue by plowing snow and winter sanding /de- icing. 7. The City of Lino Lakes and the City of Centerville will sealcoat the roadway on a 5 -7 year interval by separate cost share agreement. 8. Other projects, such as reconstruction and overlays, shall be completed by separate agreement between the City of Lino Lakes and the City of Centerville. 9. The City of Centerville shall maintain the storm sewer consisting of performing periodic inspections of the conveyance system /pond and by taking any necessary corrective action, all by a separate cost share agreement. IN WITNESS WHEREOF, Centerville and Lino Lakes have caused this Agreement to be executed on behalf of the proper officers. CITY OF CENTERVILLE CITY OF LINO LAKES Mayor Mayor Attest: Attest: City Clerk City Clerk Dated Dated