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HomeMy WebLinkAboutCity Council Resolution 1965-018EXTRACT OF MINUTES 'OF REGULAR MEETING OF VILLAGE COUNCIL ` OF THE VILLAGE OF PLYMOUTH March 1, 1965 Mayor Staples introduced the following resolution and moved its adoption • RESOLUTION NO, 65-18 RESOLUTION AUTHORIZING INTERVENTION IN FILING OF DEMAND BY THE VILLAGE _CF GOLDEN VALLEY KITH CITY OF MINNEAPOLIS FOR DETERMINATION OF NEW RATES AND CHARGES FOR SEWAGE DIS- POSAL SERVICE, WHEREAS, the Village of Gclden Valley has a contract with the City of Minneapolis providing for sewage dispos•1 service, and the Village of contract with the Village of service, and Plymouth has a Golden Valley for such AREAS, Minnesota Laws 1963, Chapter 974, Section 11, Subdivision 6 provides with reference to such contracts as follows: "All rates and charges shall be reasonable and shall be sufficient to compensate for all costs of devoting the sewage disposal plant, equipment, its collector system, and personnel to the accomplish- ment of the purpose of the service to be rendered but shall not Include profit. When the sewer system of any municipality or any part thereof is devoted to the use of another municipality, all charges for such use ■hall be reasonable and shall be sufficient to corpensate for all costs of such use, but shall not include profit", and WHEREAS, this municipality, in cooperation with other municipalities having sanitary sewers which directly or indirectly interconnect with the sewer system of the City of Minneapolis, has become a party to an intermunicipal joint and cooperative agree- ment under which the Suburban Sanitary Sewer Commission has been created to study and otherwise deal with problems related to sani- targ sewage eisposal rates and charges, and WHEREAS, the Ouburban Sanitary Sewer Commission engaged the engineering firm of Black and Veatch of Kansas City, Missouri, to investigate rates and charges made by the City of Minneapolis against this municipality for sewage disposal service under its contract with Mianeapolie, and WHEREAS, Black and Veatcii hnve mnde such investigation and have reported the[ in their o,)inion the rates and charges being made by the City of Miuneapolie are exec-ssive in relation to the actual costs of service and have recommended that the members of the Suburban Sanitary Sewer Commission seek to o';tain revised rates and charges from the City of Minneapolis, and WHEREAS, large-scale improvements to the Minneapolis - St. Paul Sanitarl District works have been undertaken and are now in the process of being constructed, and WHEREAS, such improvements would permit an increase in sewage disposal rates and charges made by Minneapolis against this municipality under the existing contract, and WHEREAS, the prospect of increased charges resulting from such sanitary district improvements makes it even more im- portant that the sewage disposal rates and charges be confined to the actual costs of rendering sewage disposal service to this municipality; NOW THEREFORE, Be it Resolved by the Village Council of the Village of Plymouth , as follows: 1. The attorney for this municipality is hereby author - iced and directed to intervene in any proceeding wherein the Village Golden of Valley makes demand for the City of Minneapolis to fix new sewage disposal rates and charges, by filing with the City of Minneapolis a notice of intervention in substantially the following form: - 2 - In the Matter of the Determinatinn of Proper Raton and Cherg-s by the City of Minneapolis Against th-Village _ of Golden Valley _PG_ SrwEge Disposal Service. TO: CITY OF MINA*EAPUL S, MINR'iSOTA, AND LEONARD A. JOEN30N, ITS CITY CLERIC: NOTICE 1s hereby given that the Village of Plymouth , acting pursuant to the provisions of Minnesota Laws 1963, Chapter 874, herewith intervenes in the proceeding in which the Village of Golden Valley makes demand that the City of Minneapolis fix new rates and charges for services performed under the sewage dis- posal contract now in effect between the City of Minneapolis and the Village of Golden Valley Minnesota Laws 1933, Chanter 874, Section 11, Subdivision 6 provides with reference to such contracts as follows: "All rates and charges shall be reasonable and shall be sufficient to compen- sate for all costs of devoting the sewage dispostl plant, equip- ment, its collector system, and personnel to the accomplishment of the purpose of the service to be rendered but shall not include profit. When the sewer system of any municipality or any part thereof is devoted to the use of another municipality, all charges for such use shall be reasonable and shall be sufficient to com- pensate for all costs of such use, but shall not include profit." Village of Plymouth therefore makes further demand that the City of Minneapolis promptly call and hold a hearing for the determination of proper rates and charges under such contract In accordance with the requirements of said statute; and that notice of such hearing be given as required by Minnesota Statutes, Section 15.0418. You are further notified that the law firm of Howard, Peterson, LeFevere, Lefler and Hamilton, 2201 First National Bank Building, Minneapolis, Minnesota, and the englneering firm of Black and Veatch, 1500 Meadow Lake parkway, Kansas City, Missouri, are authorized by the Village of Plymouth to participate in this proceeding as its representatives. BY ORDER OF THE VILLAGE COUNCIL Herbert P. Lefler Attorney Village of Plymouth Minnesota ruz National Banx$diTding nwannesota 2 2. The %UbLr .:, 3sai.:ary joiner Commission is hereby requested to make available to this municipality its legal and engineering personnel in the proseeutiot. of the proceeding to secure revised rates and charges by the City of Minneapolis for sewage disposal service; i.e. the law firm of Howard, Peterson, LeFevere, Lefler and Hamilton and the engineering firm of Black and Veatch; and the Suburban Sanitary Sewer Commission and its said personnel are hereby designated as representatives of this municipality in the prosecution of such proceeding. The above motion was seconded by Trustee O'Fallon and upon vote being taken thereon, the followinE voted in favor thereof: Mayor Staples, Trustees #s, O'Fallon, #=R.*My and Seviour; Absent: Tru. -tees Curti= & H. zphrey. the following voted against: None; whereupon said resolution was declared duly passed and adopted. Dated March 1., 196 ;. Attest: V age Clerk STA72 OF MINNESOTA ) COUNTY OF HENNEPIN ) as. VILLAGE OF PLYMOUTH) Mayor I, the undersigned, being the duly qualified and acting clerk of the Village of Plymouth, Minnesota, hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the Village Council of said village held March 1, 1965, with the original thereof on file in my office and the sane is a full, true and complete transcript therefrom insofar as the same relates to the intervention by Village of Plymouth in filing of demand by Village of Golden Valley with City of Minneapolis for determination of new sewage disposal rates and charges. WITNESS, My hand officially as such clerk and the corporate seal of the village this lst day of March , 1965. 96-1 'village clerk`�i�• (Mal) Village of Plymouth, Minnesota - 4 -