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HomeMy WebLinkAboutResolution 72-19CITY OF COLUMBIA HEIGHTS ADMINISTRATIVE OFFICES · COLUMBIA HEIGHTS, MINNESOTA 55421 RESOLUTION BE IT HEREBY RESOLVED by the City Council of the City of Columbia Heights that the Mayor and City Manager be authorized to enter into a joint use interceptor rental agreement with the Metropolitan Sewer Board for 1972. Passed this 2?th day of March; 1972. Offered by: deska Seconded by: Rol I Cal 1: Heintz All Ayes Bruce G. Nawrocki, Mayor /~creta~ t° -t'h'e Council CONTIqACT NO. 145 JOINT USE RENTAL AGREE}lENT CITY OF COLUMBIA HEIGHTS %]~is 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 l{unicipa!ity): WITNESSEYT{ TIL&T, in the joint and mutual exercise of their powers and i~ consideration of the mutual covenants herein contained, the parties hereto recite and agree as follows:. Section 1. Recitals. The Board has ass'umed the ownership of all 'interceptors and treatment works in the metropolitan area needed to implement the Metropo'litan Council's comorehensive Dian for the c'ol]ection.., treatment ~nS Hispn=a~ of sewage in the metropolitan area, as determined by the Council. The Board has not assumed the ownership of certa'in 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~ ~hich 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 v~era terminated on January 1, 1971 by }[innesota Statutes, Section 473C.05, Subdivision 5. Thus the municipalities involved, unless other action is taken, will h~ve to negotiate ne~v contracts providing for such payments. The Board has determined that in order to avoid the necessity of having municipalities negotiate such contracts,, that in the case of a joint use interceptor not taken over by the Board it sho'uld enter into a contract with the do~nstream municip'ality whereby the Board xvould acquire capacity in the inferceptor sufficient to continue such j, oint use during 1972 (and later years if the contract is reneer, ed) ind would pay to the ~downstream municipality a rental charge. Section 2. Board Use Of Interceptor. 2.01 usc Perm,{tted. The Municipality agrees that during t'he period from January !7 1972 through December 31, .1972~ and during any period for, which this contract is reneer, ed as provided in Section 4~ that the Bo.ard may cause all sewage Village of Hilltop Originating in the area of the City of Fridley dascril, ed in Exhibit B · to be discharged into and through the interceptor described in E::hibit A, The t~unicipa!ity shall continue to o~,~n the interceptor. '2°02. Operation and >~aintenance. During such period .the t.~unicipalit~ agrees '~o op. erate an~ maintain'the interceptor described in Exhibit A in good operating condition and to pay all costs thereof. Section 3, Board Payment For. Use, the t~[unicipality the total sum of $ 2,886.00 ~he Board hereby a~rees to pay to for the use~ operation and maintenance of the interceptor described in Exhibit A during 19.72 and any subsequent year for which this contract is reheated. Such amount shall be paid in 4 equal quarterly installments; April, July, October 1972 and January 1973. The ~unicipality ~,~it! submit a quarterly bill.ing to the Board equal to one-fourth of the total sum shown in. Section 3. · Section 4. Rene~..~,al of Contract, On or before NOvember ! in any .year, the Board may give the ,>~unicipa!ity Written notice of its intention to rene~ ,this contract for the fol!o~.~ing calendar year, Within 30 days after receipt of such notice the ~unicipa%ity shall notify the Board in writing ~,~hether it will' renew the contra~t, If the >~unicipa!ity fails to give such notice within such period the contract shJ!l be rene~ed for the following calendar year ~ithout modification, except by consent of both.parties, If the Board fails to, give the ~unicipality notice of its intention to rene~ by November 1, the contract shall be reneer'ed only .by consent of both parties. · IN WITNESS Wt{EREOF~ the parties have executed this agree, ment as of Jan, uary 1, 1972. In the presence of: t.~etropolitan Sawer Board Chairman __ City ~ . ~Co!umbia Heights By Exhibit A INTERCEPTOR COVERED BY RENTAL AGREEMENT CITY OF COLUb~IA HEIGHTS 1-C0-442 Columbia Heights Interceptor: From connections with Village of Hilltop 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. 1-CO-443 1-C0-444 Columbia Heightg Interceptor: From connection with Village of Hilltop on 45th Avenue NE at Jackson and Quincy (two connections) westerly to intersection with Fridley Interceptor No. 4-FR-440 at 2nd Street and 45th Avenue N.E. Columbia tteights 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