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HomeMy WebLinkAboutResolution 71-13 CITY OF COL~HBIA HEIGHTS 590 - 40th Ave. N.E. Columbla Heights, Hlnnesota 55421 R £ S 0 L U T I .-"1 ~ AUTHORIZi~.~H JOI~T iJSE RENTAL AG.~EE;~E~IT '~lTtt :,~ETROPOLITAM S£'~EA 80ARD. 3E IT HEREBY ?,ESOLVED by the City Council of the City of Columbia Heights that the Hayor & City ?,anager ~e authorized to enter into a join~ use rental agreement ~:lth the ~etropolitan Se~'er ~oard for inter~tor se~ers 1-C0-442 ser¥ing north end of l~iit~op, 1-C0-443 serving south end of ~illtop~ and 1-CO-444 in ~he vicinity of 4Otb and ~lain Street in Frtdley. Passed this 22nd Offered by: Land Seconded by: Jeska Rol! Call; All Ayes S~//~retary to the :ouncil ~ruce 3. ',av,'rockJ, ?~ayor JOINT USE RENTAL AGREEMENT CITY OF COLUb~IA HEIGHTS This Agreement, made and entered into by and between the Metropolitan Sewer Board (hereinafter called the Board), and the City of Columbia Heights, (hereinafter called the Municipality): ~TNESSETH T~T, in the joint and mutual exercise of their powers and in consideration of the mutual covenants herein contained, the parties hereto recite and agree as foi!ows: Section 1. Recitals. The Board has assumed the ownership of all interceptors and treatment works in the metropolitan area needed to implement the Metropolitan Council's comprehensive plan for the collection, treatment and disposal of sewage in the metropolitan area, as determined by the Council. The Board has not assumed the ownership of certain interceptors (or segments thereof) which are jointly used by two municipalities but which serve 75 acres or less in the upstream munici- pality, including the interceptor (s) located in the Municipality and described in Village of Hilltop ~ Exhibit A, which is jointly used by the City of Fridley . Contracts between municipalities requiring payments by the upstream municipality to the downstream municipality for the use of its interceptors were terminated on January !, 1971 by Minnesota Statutes, Section 473C.05, Subdivision 5. Thus the municipalities involved, unless other action is taken, will have to negotiate new contracts providing for such payments. The Boar~ has determined that in order to avoid the necessity of having municipalities ~egotiate such contracts,, that in the case of a joint use interceptor not taken over by the Board it should enter into a contract with the do~nstream municipality whereby the Board would acquire capacity in the interceptor sufficient to continue such joint use during 1971 (and later years if the contract is renewed) and would pay to the downstream municipality a rental charge. Section 2. BOard Use of Interceptor. 2.01 Use Permitte~. The b[unicipality agrees that during the period from January 1, 1971 through December 31, 1971, and during any period for which this contract is renewed as provided in Section 4, that the Board may cause al! sewage Village of Hilltop originating in the area of the City of Fridley described in Exhibit B to be discharged into and through the imterceptor described in Exhibit A. The Municipality shall continue to o~n the interceptor. 2.O2. Operation and Maintenance. During such period the >funicipality agrees to ogerate and maintain'the interceptor described in Exhibit A in good operating condition and to pay all costs thereof. Section 3. Board Payment For Use. the Municipality the total sum of $2,886.00 of the interceptor described in Exhibit A during 1971 and any subsequent year for which this contract is renewed. Such amount shall be paid in 12 equal monthly in- stallments on the ls~ day of each month February, 1971 through January, 1972. Section 4. Renewal of Contract. On or before November 1 in any year, the Board may give the }funicipality written notice of its intention to renew this contract for the following calendar year. ~Within 30 days after receipt of such notice the Municipality shall notify the Board in writing whether it will renew the contract. If'the Municipality fails to give such notice within such period the contract shall be renewed for the following calendar year without modification, except by consent of both parties. If the Board fails to give the bfunicipality notice of its intention to renew by November 1, the contract shall be renewed only by consent of both parties. The Board hereby agrees to pay to for the use, operation and maintenance IN WITNESS WHEREOF, the parties have executed this agreement as of January 1, 1971. in the prese,mce of: Metropolitan Sewer Board Chairman C~ty.of C~l umb i a~ Hei ghts B y~ 1-CO-443 1-CO-444 Exhibit A INTERCEPTOR COVERED BY RENTAL AGREEMENT CITY OF COLUb~IA HEIGHTS Columbia Heights Interceptor: From connections with Village of Hilltop at 49th Avenue NE and Jackson, 47th and Monroe, 48th and Monroe and 49th east of Monroe (four connections) westerly to intersection with Columbia Heights Interceptor No. 1-CO-443 at 2-1/2 Street and 45th Avenue NE. Columbia Heights Interceptor: From connection with Village of Hilltop on 45th Avenue NE at Jackson and Quincy (two connections) westerly to intersection with Fridtey Interceptor No. 4-FR-440 at 2nd Street and 45th Avenue N.E. Columbia Heights Interceptor: From connection with City of Fridley vicinity of 40th Avenue N.E. and Main Street southerly then northerly to intersection with Frid!ey Inter- ceptor 4-FR-440 at Main Street and 44th Avenue N.E. 4.81 miles