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Home My WebLink AboutRES 84-030 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE CITIES OF ROSEVILLE AND ST. PAUL FOR A WATERMAIN INTERCONNECTION ON BEHALF OF THE CITY OF ST. ANTHONY Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII iozan Box: 23 Folder: RES 1984 Document: RES 84-030 RESOLUTION AUTHORIZING THE MAYOR AND CIN MANAGER TO ENTER INTO AN AGREEMENT WITH THE CITIES OF ROSEVILIE AND ST. PAUL FOR A WATERMAIN INTERCONNECTION ON BEHALF OF THE CIN OF ST. ANTHONY ►- 's. RESOLUTION 84-030 A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE CITIES OF ROSEVILLE AND ST'. PAUL FOR A WATERMAIN INTERCONNECTION' ON BEHALF OF THE CITY OF ST. ANTHONY WHEREAS, it is the intention of the City of St. Anthony to purchase water from the City of Roseville , on a temporary basis; and WHEREAS, Roseville is a party to a certain contract for water services with the Board of Water Commissioners of the City of St. Paul; and WHEREAS, a proposal for plans and specifications and the contract for construction of- the watermain connection have been previously accepted by the City Council of the City of St. Anthony . NOW, THEREFORE, BE IT RESOLVED,. the Mayor and City Manager of the City of St. Anthony are hereby authorized to .enter into an agreement, to be drafted by the attorneys for the three cities, with the Cities of Roseville and St. Paul for a watermain interconnection on behalf of the City of St. Anthony. Adopted thisday of TLCs pJ 1984 . • Mayor ATTEST: Willi City Clerk Reviewed for administration: City Manager 'f • CONTRACT FOR WATER SERVICE BETWEEN THE CITY OF ROSEVILLE AND THE CITY OF ST. ANTHONY THIS CONTRACT, made and entered into this 24th day of July , 1984 , is entered into by and between the City of Roseville, a municipal corporation of the State of Minnesota, hereinafter called "Roseville" and the City of St. Anthony , a municipal corporation of the State of Minnesota, hereinafter called "St. Anthony" . WITNESSETH: WHEREAS , it is the intention of the- parties that Roseville shall sell water to St. Anthony, on a temporary basis ; and WHEREAS, Roseville is a party to a certain contract for water service with the Board of Water Commissioners of the City of St. Paul, herein- after called "St. Paul" . , a copy of said contract is marred Exhibit "A" , attached hereto and made a part hereof by reference; and WHEREAS , it is the intention of the parties that St. Anthony shall pay • Roseville for its furnishing to St. Anthony a portion of its water service, as hereinafter provided. NOW, THEREFORE , be it agreed by and between the parties hereto: Section I . Period of Contract. A. This contract shall remain in full force and effect until October 31, 1985, unless terminated earlier pursuant to Section II of this contract. . The date of commencement of this contract shall be the day that it is finally approved by Roseville , St. Anthony and St. Paul and this contract shall be without force and effect until the last of the above so approve. Section II. Termination. A. Roseville shall have the right to terminate this contract in the event St. Anthony fails to pay charges to which Rose- ville is entitled under this contract and Roseville gives written notice to St. Anthony setting forth the default and St. Anthony fails , within sixty days , to redeem or demand arbitration pursuant to Section VII • if the amount is disputed. s 1 B. Either party shall have the right to terminate this • contract upon the occurrence of any of the following events : 1) If laws are enacted by the State of Minnesota or the United States of America which substantially and adversely affect rights , duties .or obligations of either party under this contract, but in the event of cancellation for such cause either party shall give the other party at least one year's written notice of cancellation, unless the giving of such notice by a party is prevented by the superior law referred to herein. 2). one party .fails to comply with any obligation of this contract and the other party gives written notice setting forth the default and the defaulting party fails , within ninety days , to correct the default is disputed. 31 Either party fails to .comply with an award pursuant to Section VII . • 4) In the event the contract between Roseville and St. Paul (i.e. , Exhibit "A" attached hereto) is pro- posed to be terminated by St.Paul , a party seeking termination of this contract hereby agrees forthwith to transmit to .the other party any and all notices received from St. . Paul pertaining to such proposed termination. C. The right to terminate by either party shall not be an exclusive remedy and either party retains all remedies regardless of its decision to terminate. Section III . Water Service. A. Roseville agrees to furnish and deliver to St. Anthony a portion of its water requirement on a demand basis for that area shown on the attached map (Exhibit B) . Demand basis is defined as a continuous supply of water for twenty-four hours a day at the Roseville IS line pressure. -.2 B. Roseville agrees to supply St. Anthony with the • water which shall be the same treated water supplied by St. Paul, and Roseville undertakes no responsibility for the quality of said water other than transmitting it to St. Anthony withreasonable care to prevent contamination .and pollution. C. St. Anthony shall meet the construction require- ment herein by submitting to Roseville plans for construction of a metering system within St. Anthony. Such plans and specifications shall be deemed approved by Roseville unless written objection thereto is made by Roseville within twenty days after receipt of same. Section IV. Water Rates and Time of Payment. A. Roseville shall, monthly or quarterly, at its option, submit a statement of charges to St. Anthony. St. Anthony shall pay same within thirty days of receipt: 1) The added cost to Roseville , charged by St. Paul, for supplying water to St. Anthony. 2) All additional costs incurred by Roseville for the • administration of this contract or transmitting water to St. Anthony, including but not limited to, costs of reading and maintaining meters , costs of billing St. Anthony and any, legal or engineering cost in administering or enforcing this contract. 31 All additional costs incurred by Roseville for pumping, water quality testing, and other reasonable costs related to supplying water. Section V. Meter Reading and Billing. A. Monthly reading of , the master meter or meters at the point or points of delivery to St. Anthony shall be made by Rose- ville on the last working day of each month. B. St. Anthony shall supply a master meter at each point of connection. These master meters shall be of a size, type and design approved by Roseville. Roseville will undertake all reading of these meters . Costs therefore, shall be borne by St. Anthony as • provided in Section IV. -3- C. St. Anthony will not sell any water to any other • municipality. D. St. Anthony will separate the system using St. Paul water from other portions of the St. Anthony system using other water sources . Section VII. Arbitration. In the event there is any dispute by the parties over the terms of this contract, both agree to be bound by arbitration pursuant to Minnesota Statute 1965, .Chapter 572 , and any subsequent amendments . WITNESS : CITY OF ROSEVILLE: By 6L I ayor By �, Gz�✓ ' ��J - • �s City Manager CI(TTY OF ST. ANTHONY: By Its Mayor By .00 1 1 Its City Manager • -4-