HomeMy WebLinkAboutResolution 2002-014CITY OF LAKE EL MO
RESOLUTION 2002-014
IT IS RESOLVED that the City of Lake Elmo enter into Mn/DOT Agreement No. 82921 with
the State of Minnesota, Department of Transportation for the following purposes:
To provide for transfer, from the State to the City, of the jurisdiction of a portion of Hudson
Boulevard (N. Frontage Road) along Trunk Highways No. 94 from Inwood Avenue North to
Manning Avenue T,,Iorth that is located within the corporate City limits; and
To provide for a lump sum payment of $1,126,400.00 by the State to the City as the State's final
liability in connection with the same roadway portion under State Project No. 8282-98 (T.H. 94).
IT IS FURTHER RESOLVED that the Mayor and the pz�,/ a/z�-L are
(Title)
authorized to execute the Agreement and any amendments to the Agreement.
CERTIFICATION
I certify that the above Resolution is an accurate copy of the Resolution adopted by the Council
of the City of Lake Elmo at an authorized meeting held on the L� day of
2002, as shown by the minutes of the meeting in my possession.
Subscribed and swqM to before me this
day of 2002
Notau Public
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nl�FCYNTHIA L. YOUNG
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NOTARY 5
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CITY OF LAKE ELMO
RESOLUTION
IT IS RESOLVED that the City of Lake Elmo enter into Mn/DOT Agreement No. 92921 with
the State of Minnesota, Department of Transportation for the following purposes:
To provide for transfer, from the State to the City, of the jurisdiction of a portion of Hudson
Boulevard (IN. Frontage Road) along Trunk Highways No. 94 from Inwood Avenue North to
Manning Avenue North that is located within the corporate City limits; and
To provide for a lump sum payment of $1,126,400.00 by the State to the City as the State's final
liability in connection with the same roadway portion under State Project No. 8282-98 (T.H. 94).
IT IS FURTHER RESOLVED that the Mayor and the are
(Title)
authorized to execute the Agreement and any amendments to the Agreement.
CERTIFICATION
I certify that the above Resolution is an accurate copy of the Resolution adopted by the Council
of e City of Lake Elmo at an authorized meeting held on the
� �� , �? day of
2002, as shown by the minutes of the meeting in my possession.
Subscribed and sworn to before me this
day of 52002
Notary Public
q
CYNTHIA L. YOUNG
-,.7 MMARY RISM - MINNESOTA
My Cwakft E*km
Jan- 31, 2005
�,a
(Type or Print Name)
(Title)
Telephone No. 651 - 582 -1.404
Facsimile No. 651 - 582 -1368
E -mail: biyan.d.odds r)..dot.state.mn.u.s
February 8, 2002
Mary K.ueffner
Lake Elmo City Administrator
3800 Laverne Avenue North
Lake Elmo, MN 55042
RE: Hudson Boulevard between CSAH 13 and CSAH 15 in the City of Lake Elmo
S.P. 8282 -98
Proposed Cooperative Construction Agreement No. 82921
Dear Ms. Kueffner:
Attached are two copies of a proposed lump sum turnback agreement for Hudson Boulevard from CSAH 13
to CSAH 15 between the Minnesota Department of Transportation and the City of Lake Elmo. This
agreement provides for payment of necessary repairs to Hudson Boulevard to the City for the turnback.
Kindly review the agreements and arrange to have them presented to the City Council for their approval and
execution. Please ensure that original signatures of the City Council authorized officers are obtained on all
copies of the agreements under the CITY OF Lake Elmo heading and that the AGREEMENTS ARE
NOTARIZED OR STAMPED WITH THE OFFICIAL CITE' STAMP.
Also required for each agreement is a new resolution passed by the City Council authorizing its officers to
sign and execute the agreements on their behalf.
Two copies of a suggested resolution are enclosed with this letter. PLEASE NOTARIZE OR STAMP
AND PROVIDE ORIGINAL SIGNATURE(S) ON TWO COPIES.
An equal opportunity employer
Mary Kueffner
Page 2
February 8, 2002
To expedite the approval process, the executed agreements and resolutions should be returned to me for
signature by the Metro Division Engineer, after which the agreements will be returned to the Municipal
Agreements Office for further execution. on behalf of the State. A copy of the agreement will be returned to
the City when the agreements are fully executed.
If you have any questions or require additional information, please contact me.
Sincerely,
Bryan Dodds
Cooperative Agreement Project Engineer
Metro Division
Enclosures:
cc: Bob Brown, Mn /DOT -Metro State Aid
Michael Kowski, Mn/DOT -Metro State Aid
Rick Arnebeck, Mn/DOT- Metro Program Delivery
Maryanne Kelly- Sonnek, Mn/DOT -C.O., M.S. 682
Sandy Cullen, Washington County
Project File
NASTATEAUCOOPAGRTY 20021washingon\0 8282.98 CSAH 13 at Hudson RoadlAgreementto City or County.doc
PRE - LETTING STATE OF MINNESOTA
SERVICES DEPARTMENT OF TRANSPORTATION
SECTION COOPERATIVE CONSTRUCTION
AGREEMENT
The State of Minnesota
Department of Transportation, and
The City of Lake Elmo
Re: State lump sum payment for
roadway, signal, and turn lane
construction and transfer of a
portion of Hudson Boulevard
(T.H. 94 north frontage road) to
the City.
Mn /DOT
AGREEMENT NO.
82 921
S.P. 8282 -98 (T.H. 94 =392)
State Funds
AMOUNT ENCUMBERED
1,126.400.00
AMOUNT RECEIVABLE
(None)
THIS AGREEMENT is made and entered into by and between the State of
Minnesota, Department of Transportation, hereinafter referred to as
the "State" and the City of Lake Elmo, Minnesota, acting by and
through its City Council, hereinafter referred to as the "City"
82921
WHEREAS, in distributing decision making for roadways of a specific
functional classification to the appropriate level of government, it
would be prudent to transfer certain roadways from one level of
government to another; and
WHEREAS, to achieve this distribution, the State wishes to transfer
to the City, a portion of Hudson Boulevard (N. Frontage Road) along
Trunk Highway No. 94 that is within the corporate City limits; and
WHEREAS, that roadway portion is in need of repair, which includes
mill and overlay, signal work, and turn lane construction. It is
estimated that the mill and overlay, signal work, and turn lane
construction will cost $1,126,400.00; and
WHEREAS, the City is willing to assume responsibility for that
roadway portion as long as the State is willing to pay the City the
lump sum amount of $1,126,400.00 for that work; and
WHEREAS, the State and the City wish to enter into an agreement that
would provide for payment of the lump sum amount of $1,126,400.00 by
the State to the City and would also provide for the jurisdictional
transfer of that roadway portion from the State to the City; and
WHEREAS, Minnesota Statutes Section 161.20, subdivision 2 authorizes
the Commissioner of Transportation to make arrangements with and
cooperate with any governmental authority for the purpose of
constructing, maintaining and improving the trunk highway system.
IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS:
ARTICLE I - TRANSFER OF ROADWAY
Section. A. Location.
The State shall transfer to the City jurisdiction that portion of
Hudson Boulevard that parallels along the north side of Trunk Highway
2
82921
No. 94 from Inwood Avenue North (County State Aid Highway No. 13 to
Manning Avenue North {County State Aid Highway No. 15 }, a distance of
3.80 miles, under Control Section 8282.
Section B. Right -Of -Way
The State and the City shall determine the future right -of -way limits
for that portion of Hudson Boulevard described in Section A. of this
article, prior to the transfer of land title.
Section C. Notice of Transfer
The State shall, after execution and approval of this Agreement,
serve upon the City a "Notice of Transfer" placing that portion of
Hudson Boulevard described in Section A. of this article under the
jurisdiction of the City; and subsequent thereto, after all necessary
and required documents have been prepared and processed, the State
shall convey to the City all right, title and interest of the State
in that roadway. Upon receipt of that "Notice of Transfer ", the City
shall become the road authority responsible for that roadway so
transferred. As the road authority, the City is the owner of that
roadway and all of the facilities a part thereof.
Section D. Future Responsibilities
Upon execution and approval of this Agreement the City shall
thereafter accept full and total responsibility and all obligations
and liabilities arising out of or by reason of the use, operation,
maintenance, repair and /or reconstruction of the roadway portions
described in Article I of this Agreement, without cost or expense to
the State.
ARTICLE II - PAYMENT BY THE STATE
To fulfill the State's final liability in connection with that
portion of Hudson Boulevard described in Article I, Section A. of
this Agreement, the State shall pay to the City a lump sum in the
amount of $1,126,400.00 after the following conditions have been met:
3
82921
A. Encumbrance by the State of the State's lump sum amount of
$1,126,400.00.
B. Execution and approval of this Agreement and the State's
transmittal of same to the City.
C. Receipt by the State of a written request from the City for
payment of the State's lump sum cost share.
ARTICLE III - GENERAL PROVISIONS
Section A. Examination of Books, Records, Etc.
As provided by Minnesota Statutes Section 16C.05, subdivision 5, the
books, records, documents, and accounting procedures and practices of
each party relevant to this Agreement are subject to examination by
each party, and either the legislative auditor or the state auditor
as appropriate, for a minimum of six years from final payment.
Section B. Claims
Each party is responsible for its own employees for any claims
arising under the Workers Compensation Act. Each party is
responsible for its own acts, omissions and the results thereof to
the extent authorized by law and will not be responsible for the acts
and omissions of others and the results thereof. Liability of the
State is governed by Minnesota Statutes Section 3.736 and other
applicable law. Liability of the City is governed by Minnesota
Statutes chapter 466 and other applicable law.
Section C. Agreement Approval
Before this Agreement shall become binding and effective, it shall be
approved by a City Council resolution and receive approval of State
and City officers as the law may provide in addition to the
Commissioner of Transportation or his authorized representative.
4
82921
ARTICLE IV - AUTHORIZED AGENTS
The State's Authorized Agent for the purpose of the administration of
this agreement is Maryanne Kelly- Sonnek, Municipal Agreements
Engineer, or her successor. Her current address and phone number are
395 John Ireland Boulevard, Mailstop 682, St. Paul, MN 55155,
(651) 296 -0969.
The City's Authorized Agent for the purpose of the administration of
this Agreement is Mary Kueffner, City Administrator, or her
successor. Her current address and phone number are 3800 Laverne
Avenue North, Lake Elmo, MN 55042, (651) 777 -5510.
5
j_N TESTIMONY WHEREOF the parties have executed this Agreement by their
authorized officers.
STATE ENCUMBRANCE VERIFICATION
Individual certifies that funds have been encumbered
as required by Minn. Stat. §§ 16A.I5 and 160.05.
By
Date
MAPS Encumbrance No.
CITY OF LADE ELMO
By
Mayor
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By �,..
Title
Date L fiZ"e,2tL..
DEPARTMENT OF TRANSPORTATION
Recommended for approval:
By
Approved:
By
Date
Division Engineer
State Design Engineer
COMKISSIONER OF ADMINISTRATION
As delegated to Materials Management Division
By
Date
OFFICE OF THE ATTORNEY GENERAL
Approved as to form and execution:
By
Date
82921
This Agreement was acknowledged before me this day of 2002,
by �2 . and
(Name) (Name) r
the Mayor andL�G�/'GZ�1 _ of the City of Lake Elmo.
(Title)
*rotary Public
My Commission
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