HomeMy WebLinkAboutItem 8 Sanitary Sewer Service Agreement with Oakdale
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SANITARY SEWER SERVICE AGREEMENT
THIS AGREEMENT is made and entered into as of the ____ day of ______________,
2013 by and between the City of Lake Elmo, a Minnesota municipal corporation (“Lake Elmo”) and
the City of Oakdale, a Minnesota municipal corporation (“Oakdale”).
RECITALS
1. Lake Elmo and Oakdale are each authorized by law to construct, operate and
maintain municipal sanitary sewer utilities for the purpose of supplying sanitary sewer services to
properties within their respective corporate limits.
2. Lake Elmo and Oakdale have entered into a Joint Powers Agreement pursuant to
which sanitary sewer service will be extended to properties that abut Olson Lake Trail both in
Lake Elmo and Oakdale. The sanitary sewer is an extension of an existing sanitary sewer line in
Oakdale. The new sanitary sewer will therefore be part of Oakdale’s sanitary sewer system.
3. Lake Elmo does not have sanitary sewer services that are available to the Lake
Elmo properties that will be served by the new sanitary sewer line.
4. Oakdale is able to supply sanitary sewer service to the Lake Elmo properties from
the new sanitary sewer line.
5. Lake Elmo has requested that Oakdale allow the Lake Elmo properties
(“Properties”) to be connected to Oakdale’s sanitary sewer services and that Oakdale provide
those Properties with sanitary sewer services.
6. Oakdale has agreed to allow the Properties to be connected to its sanitary sewer
services and to provide sanitary sewer services to the Properties, pursuant to the following
conditions.
AGREEMENT
NOW THEREFORE, in consideration of the mutual covenants contained in this
agreement, the parties agree as follows:
1. Sanitary Sewer Service. Oakdale agrees to allow the Properties to connect to its
sanitary sewer system. Sanitary sewer service to the Properties shall be supplied by Oakdale. The
owners of each of the Properties will be responsible for connecting their respective property to
Oakdale’s sanitary sewer system.
2. Connection Permit and Fees. When the owners of the Properties connect to
Oakdale’s sanitary sewer system, Lake Elmo shall ensure that the owners apply for a connection
permit from Oakdale. Oakdale shall be responsible for issuing the connection permit and for
collecting its current sanitary sewer connection fees and availability charges from the owners at the
time of application. The amount of the fees and charges shall be established by Oakdale and shall
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be equal to the Oakdale resident fees or charges. Oakdale shall be entitled to retain all fees and
charges collected.
3. Water Meters. The Properties are served by private wells and are not connected to
either the Oakdale or Lake Elmo municipal water systems. The owners of the Properties will be
responsible for purchasing a water meter and transmitter from Oakdale and installing that
equipment on their wells before connecting to the Oakdale sanitary sewer system.
4. Service Charges. Oakdale shall be responsible for billing the resident or property
owners and collecting the sanitary sewer service charges attributable to the Properties. The sanitary
sewer service charges shall be equal to the Oakdale resident rates plus 5% unless otherwise jointly
agreed by the City of Oakdale and City of Lake Elmo. Lake Elmo shall cooperate with Oakdale in
the event that any unpaid sanitary sewer service charges need to be certified to the County Auditor
for collection with the property taxes or assessed against the Properties.
5. Notices. Any notice or correspondence to be given under this Agreement shall be
deemed to be given if delivered personally or mailed postage prepaid, certified mail, return
receipt requested:
a) as to Oakdale: City of Oakdale
1584 Hadley Avenue North
Oakdale, MN 55128-5407
ATTN: City Administrator
b) as to Lake Elmo: City of Lake Elmo 3800 Laverne Avenue North
Lake Elmo, MN 55042
ATTN: City Administrator
or at such other address as either party may from time to time notify the other in writing in
accordance with this paragraph.
6. Severability. In the event that any provision of this Agreement shall be held
invalid, illegal or unenforceable by any court of competent jurisdiction, such holding shall
pertain only to such section and shall not invalidate or render unenforceable any other provision
of this Agreement.
7. Termination of Agreement. In the event that Lake Elmo constructs parallel sanitary
sewer mains in the area of the Properties, this Agreement may be terminated by either party.
8. Services Agreement. This Agreement is a services agreement. The parties do not
intend to undertake or create, and nothing herein shall be construed as creating, a joint powers
agreement, joint venture, or joint enterprise between the parties.
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9. Minnesota Law Governs. This Agreement shall be governed by and construed in
accordance with the internal laws of the State of Minnesota. All proceedings related to this
Agreement shall be venued in the State of Minnesota.
Pursuant to authorization of their respective city councils, Lake Elmo and Oakdale have
entered into this Agreement as of the day and year first above written.
CITY OF LAKE ELMO
By: _______________________________
Mayor
By: _______________________________
City Administrator
CITY OF OAKDALE
By: _______________________________
Carmen Sarrack, Mayor
By: _______________________________
Craig Waldron, City Administrator