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HomeMy WebLinkAbout2002-108 Council ResolutionCITY OF LINO LAKES RESOLUTION NO. 02-108 RESOLUTION APPROVING THE REVISED JOINT POWERS AGREEMENT WITH THE CITY OF CENTERVILLE FOR THE RECONSTRUCTION OF 21ST AVENUE 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, the City of Lino Lakes approved a Joint Powers Agreement with the City of Centerville for the reconstruction of 21st Avenue on August 10, 1998, and WHEREAS, the City of Lino Lakes approved the revised Joint Powers Agreement with the City of Centerville for the reconstruction of 21st Avenue on June 11, 2001, and WHEREAS, a minor revision is proposed to the agreement, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Hereby approves the Revised Joint Powers Agreement with the City of Centerville for the 21st Avenue reconstruction and authorizes the Mayor and Deputy City Clerk to sign the Agreement. Adopted by the Lino Lakes City Council this 9th d. - September, 2002. Joh i Ber. - on, ayor ATTEST: Ann J. Blair, City Clerk JOINT POWERS AGREEMENT BETWEEN THE CITY OF LINO LAKES AND THE CITY OF CENTERVILLE REGARDING 21ST AVENUE ROADWAY, PHASE I, IMPROVEMENTS AND MAINTENANCE THIS AGREEMENT, made and entered into on the day and year hereinafter set forth by and between the City of Lino Lakes and the City of Centerville; both of which are governmental subdivisions of the State of Minnesota located in the County of Anoka. RECITALS a. The City of Lino Lakes and the City of Centerville desire to improve 21st Avenue by constructing street, curb and gutter between Main Street and 600 feet south of Main Street and storm sewer from Main Street to the south.. b. The City of Lino Lakes has prepared a feasibility study of the Project as defined by this agreement. c. 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). d. Subject to the terms hereof, Lino Lakes 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. e. Lino Lakes and Centerville recognize and acknowledge that the Project will benefit both Lino Lakes and Centerville. 1 f. 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. Lino Lakes is responsible for the design and construction of both the portion of the Project located within Lino Lakes and the portion of the Project located within Centerville. Therefore, the parties agree that: a. Lino Lakes shall design the Project, administer the construction and conduct inspections of the construction process. Centerville shall have the right to inspect, review and comment upon construction of the Project. Centerville 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, Centerville hereby grants to Lino Lakes the rights to use the streets, public ways, and easements of Centerville for purposes of constructing the Project, including any excavations necessary to perform work incidental to the performance of this agreement; 2 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 Lino Lakes. c. Lino Lakes agrees to notify and coordinate with businesses in Lots 7, 8 and 9 of the Centerville Industrial Park (along the existing gravel segment of 21S` Avenue) as early as practical the construction schedule of the Project. 2. Construction costs and design engineering shall be divided proportionally, 50% to Lino Lakes and 50% to Centerville, for the Project. Legal, administrative and construction engineering costs shall be paid separately by each City. 3. Each city has the right to terminate Agreement prior to award of construction contract. 4. Each municipality shall be solely responsibly for their share of the costs of the Project. Each municipality shall be responsible for the sale of bonds, if any, and levy of special assessments against properties within their cities boundaries. 5. City of Lino Lakes shall receive, from the City of Centerville, monthly payments, as certain portions of the construction are completed. The Project amounts are then due and payable for work completed. Upon completion of the entire Project, the City of Lino Lakes shall prepare a final cost statement and submit it to the City of Centerville. Payment of the statement shall be completed within 45 days upon receipt of the statement. 6. Before this Agreement shall become binding and effective it shall be approved by an appropriate resolution of the City Council of Lino Lakes and of the City Council of Centerville, which shall be attached hereto as Exhibits B and C, respectively. 3 7. 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. 8. 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. 9. Other projects, such as reconstruction and overlays, shall be completed by separate agreement between the City of Lino Lakes and the City of Centerville. 10. The City of Lino Lakes 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. 4 IN WITNESS WHEREOF, Lino Lakes and Centerville have caused this Agreement to be executed on behalf of the proper officers. Dated: CITY OF LINO LAKES (2 City Clerk( Dated: CITY OF CENTERVILLE Mayor City Clerk