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Home My WebLink About2001-122 Council ResolutionCouncil Member Carlson moved its adoption: introduced the following resolution and CITY OF LINO LAKES RESOLUTION NO. 01-122 RESOLUTION APPROVING A JOINT POWERS AGREEMENT WITH THE CITY OF SHOREVIEW FOR WATER SYSTEM CONNECTION AND SHARED SERVICE AND TO AUTHORIZE THE MAYOR AND DEPUTY CITY CLERK TO SIGN THE AGREEMENT. WHEREAS, Minnesota Statutes, Section 471.59, authorizes political subdivisions to enter into Joint Powers Agreements, and WHEREAS, previous agreements allowed the City of Lino Lakes to receive water service from the City of Shoreview, and, WHEREAS, the Cities wish to install a project which would allow Shoreview to send a single monthly statement to the City of Lino Lakes, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Hereby approves the Joint Powers Agreement with the City of Shoreview for the water system connection and shared water service and authorizes the Mayor and Deputy City Clerk to sign the Agreement. Adopted by the Lino Lakes City Council this 10th day of September, 2001. John ,1/ ergdson, ay�Cll or er, Deputy Ci Clerk The motion for adoption b the foregoing resolution was duly seconded by Council Member Dahl and upon vote being taken thereon, the following voted in favorthereof:Bergeson, Carlson, Dahl, Reinert and O'Donnell The following voted against same: None. Whereupon said resolution was duly passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on September 11 2001. Jea AA er, Deputy City ( erk CITY OF SHOREVIEW CITY OF LINO LAKES MUNICIPAL WATER SYSTEM CONNECTION AND SHARED SERVICE AGREEMENT 1.0 Parties. This Agreement is dated the day of , 2001, and is entered into by and between the City of Shoreview, a Minnesota statutory city ("Shoreview") and the City of Lino Lakes, a Minnesota charter city ("Lino Lakes"). 2.0 Recitals. A. Pursuant to prior agreements, residential dwellings in the Baldwin Lake Area of Lino Lakes ("Baldwin Lakes Area") are connected to the Shoreview Water Utility System. B. The Baldwin Lake Area is illustrated on Exhibit A attached. C. In order to permit the continued use of its Water Utility System for residential dwellings in the Baldwin Lake Area, Shoreview wishes to install a project which would allow it to send a single monthly statement to Lino Lakes for all water supplied to the Baldwin Lake Area. D. Lino Lakes would then be responsible for sending individual statements to its Baldwin Lake Area residents pursuant to regulations adopted by Lino Lakes. 3.0 Terms and Conditions. NOW, THEREFORE, in consideration of the mutual undertakings herein expressed, Shoreview and Lino Lakes agree: A. Project. The Project shall consist of a metered connection system and all necessary appurtenances ("Project"). 1. Design/Construction. The Project shall be designed and constructed by Lino Lakes or its contractors. 2. Proiect Costs. Shoreview shall reimburse Lino Lakes for fifty percent (50%) of the project costs incurred by Lino Lakes to design, construct, or implement the Project. The Lino Lakes City Engineer will notify the Shoreview Public Works Director of the estimated cost of the Project prior to award of a construction contract. 3. Lino Lakes Easements. Any temporary or permanent easements on, over, or under property within Lino Lakes which are necessary in order to construct, operate or maintain the Project shall be acquired by Lino Lakes at its sole cost before construction of the Project. 4. Ownership of Project. Pipes, meters, and appurtenances installed as part of the Project shall be owned by Lino Lakes. B. Maintenance. Except as herein provided, Lino Lakes shall be responsible for maintenance of any water mains within Lino Lakes that connect to the Project. Lino Lakes shall maintain the water mains which connect to the Project in good working order and in accordance with the American Waterworks Association Standards for Water Mains. All repair and maintenance shall be completed within a reasonable time. C. Defects/Emergencies. Lino Lakes shall report to the Shoreview Director of Public Works any defects which occur in the Lino Lakes Water Main System. Lino Lakes shall have an on-call contractor available on a 24- hour basis for repair of its water main system. The Shoreview Director of Public Works may designate any defect as requiring an emergency repair if it will have significant impact on the use of the Shoreview Water Utility System by Shoreview residents or, if the defect will result in unmonitored use of the Shoreview Water Utility System. In the event of an emergency, repair procedures shall be undertaken as soon as reasonably possible, but nothing herein shall prevent Shoreview from taking appropriate steps to protect the security of the Shoreview Water Utility System and the health, safety and welfare of Shoreview residents. All repair and maintenance shall be completed within a reasonable time. D. Use Charges. Lino Lakes shall pay Shoreview all water utility fees required by the Shoreview City Code, City resolutions and amendments thereto. The specific water use rate applicable to Lino Lakes shall be equal to Shoreview's middle tier rate plus 25%. The connecting meter shall be read by Shoreview personnel. A statement for the total water provided during the month, as determined by the Shoreview Director of Public Works, shall be mailed to Lino Lakes within a reasonable time after the last day of each month. Statements shall be due and payable within thirty (30) days of receipt. E. Shoreview Code and Regulations. Lino Lakes shall comply with the provisions of the Shoreview City Code relating to its Water Utility System and any amendments thereto. All Shoreview codes and resolutions referred to in this Agreement are hereby incorporated. Nothing herein shall be construed to limit the authority of Shoreview to adopt or amend its ordinances or resolutions. F. Termination by Shoreview. This Agreement may be terminated by Shoreview in the event that: 1. Lino Lakes violates the terms of this Agreement, the provisions of the Shoreview City Code relating to the Shoreview Water Utility System, or amendments thereto; and such violation continues for ten (10) days after Lino Lakes receives a written notice of violation from Shoreview. 2. Lino Lakes fails to properly maintain its water system. 3. Lino Lakes authorizes connections of any development outside the boundaries of the Baldwin Lake Area, without first notifying and securing approval from the Public Works Director of Shoreview. 4. Lino Lakes permits property which is used for non-residential purposes to be connected to the Shoreview Water Utility System, without first notifying and securing approval from the Public Works Director of Shoreview. G. Termination by Lino Lakes. This Agreement may be terminated by Lino Lakes by providing Shoreview with a thirty (30) day written notice of intent to terminate. H. Continuation of Terms. All obligations of this Agreement shall continue up to and including the date of termination by either party. Rescission of Prior Agreements. Upon proper execution of this document by both parties, all prior agreements between the parties relating to the provision of municipal water by Shoreview to the Baldwin Lake Area are rescinded. J. Effective Date. This Agreement shall be effective on approval of an appropriate resolution by each party and shall continue in full force and effect until terminated as herein provided. IN WITNESS WHEREOF, the parties have hereunto set their hands. CITY OF SHOREVIEW Pursuant to authority granted by Council Resolution No. By: adopted on the _ day of Sandra Martin , 2001. Its: Mayor By: Terry Schwerm Its: City Manager CITY ONO LAKES Pursuant to authority granted by Council Resolution No. By: adopted on the day of , 2001. Its: Mayor By: Its: City Administrator Council Member Carlson introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 01-122 RESOLUTION APPROVING A JOINT POWERS AGREEMENT WITH THE CITY OF SHOREVIEW FOR WATER SYSTEM CONNECTION AND SHARED SERVICE AND TO AUTHORIZE THE MAYOR AND DEPUTY CITY CLERK TO SIGN THE AGREEMENT. WHEREAS, Minnesota Statutes, Section 471.59, authorizes political subdivisions to enter into Joint Powers Agreements, and WHEREAS, previous agreements allowed the City of Lino Lakes to receive water service from the City of Shoreview, and, WHEREAS, the Cities wish to install a project which would allow Shoreview to send a single monthly statement to the City of Lino Lakes, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Hereby approves the Joint Powers Agreement with the City of Shoreview for the water system connection and shared water service and authorizes the Mayor and Deputy City Clerk to sign the Agreement. Adopted by the Lino Lakes City Council this,10th da of September, 2001. Je. er, Deputy C. Clerk John =erg son, IOlayor The motion for adoption : the foregoing resolution was duly seconded by Council Member Dahl and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Carlson, Dahl, Reinert and O'Donnell The following voted against same: None. Whereupon said resolution was duly passed and adopted. CERTIFICATION I hereby certify that the above is a correct copy of a resolution duly passed, adopted and approved by the City Council on September 1s 2001. Jea• er, Deputy City erk