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JOINT POWERS AGREEMENT <br /> BETWEEN <br /> CITY OF NEW BRIGHTON, MINNESOTA <br /> AND <br /> CITY OF MOUNDS VIEW, MINNESOTA <br /> THIS AGREEMENT, made this day of , 1995, by and between the <br /> City of New Brighton, Minnesota, hereinafter called "New Brighton" and the City of Mounds <br /> View, Minnesota, hereinafter called "Mounds View", witnesseth: <br /> WHEREAS, Mounds View has certain property in that City generally located at 4751 <br /> Mustang Drive (hereinafter the "Subject Property"); and <br /> WHEREAS, the Subject Property is in need of available water service for fire protection <br /> purposes; and <br /> WHEREAS, the most economically feasible method of providing such service to the <br /> Subject Property is to provide for connection of the Subject Property to existing nearby water <br /> mains in the City of New Brighton; <br /> NOW, THEREFORE, it is agreed by and between the parties hereto as follows: <br /> 1. The type of service to be provided to the Subject Property shall be a six inch <br /> service and hydrant for fire protection purposes and no other purposes. <br /> 2. The water connection and service to the Subject Property shall be subject to all <br /> provisions of the New Brighton City Code insofar as they apply to this <br /> Agreement. <br /> 3. The City of Mounds View shall construct, at its expense, a six inch service from <br /> the City of New Brighton water main to the Subject Property, a shut-off valve <br /> within the public right-of-way, and a hydrant for fire protection purposes. The <br /> hydrant shall include a lockable device meeting the approval of the City of New <br /> Brighton. Plans for such project shall be approved by the New Brighton city <br /> engineer. Mounds View shall secure an excavation permit for construction of the <br /> project, shall pay all reasonable and customary fees for such permit, and shall <br /> restore all property in the city of New Brighton to its original condition following <br /> construction of the project. <br /> 4. Mounds View shall pay New Brighton for water for fire protection purposes based <br /> on estimated volumes at the then current water rate charged by the City of New <br /> Brighton. <br /> • <br /> CLL91918 <br /> NE136-24 1 <br />