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JOINT POWERS AGREEMENT <br />UTILITY EXTENSION PROJECT <br />CITY OF LAKE ELMO <br />CITY OF OAKDALE <br />PARTIES <br />This Agreement is dated the day of , 1993, <br />and is entered into by and between the City of Lake Elmo, a <br />municipal corporation and political subdivision of the State of <br />Minnesota (herein "Lake Elmo"); and the City of Oakdale, a <br />municipal corporation and political subdivision of the State of <br />Minnesota (herein "Oakdale"). <br />RECITALS <br />Lake Elmo and Oakdale share common borders in Sections 32 and <br />33, Township 29N, Range 21W, Washington County, Minnesota. Oakdale <br />currently provides sanitary sewer to a portion of its property <br />within Sections 32 and 33 and wishes to extend sanitary sewer to <br />serve the remainder of its property within Sections.32 and 33. <br />Lake Elmo wishes to provide sanitary sewer to portions of Lake Elmo <br />located within Sections 32, 33, 34, and 35, Township 29N, Range <br />21W. The parties have agreed that it will be more economical and <br />within the public's interest to construct a combined sanitary sewer <br />project (herein "Project") rather than to construct two separate <br />sanitary sewer systems. <br />Lake Elmo and Oakdale each have the authority to construct the <br />Project pursuant to the provisions of Minnesota Chapter 412, <br />Minnesota Chapter 444, and Minnesota Chapter 429. Each City has <br />the authority to enter into a Joint Powers Agreement pursuant to <br />provisions of Minnesota Chapter 471.59. <br />TERMS AND CONDITIONS <br />NOW, THEREFORE, in consideration of and in reliance upon the <br />mutual undertakings herein expressed, Lake Elmo and Oakdale agree <br />as follows: <br />1. Construction of Project. <br />1.1 Project Engineer. Lake Elmo shall retain a consulting <br />engineer who shall serve as the Project Engineer. The <br />Project shall be reviewed and constructed pursuant to the <br />provisions of Minnesota Statutes Chapter 429 and in <br />compliance with all applicable public contracting <br />regulations. <br />1.2 Feasibility Report. The Project Engineer shall prepare <br />a feasibility report for the construction of the Project. <br />The feasibility report shall be approved by the Lake Elmo <br />