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HomeMy WebLinkAboutCity Council Resolution 1972-057VILLAGE OF PLYMOUTH Pursuant to due call and notice thareof, a regular meeting of the #Village Council of the Village of Plymouth, Minnesota, was held on the 7th ! day of February, 1972. The following members were present: Councilmen Hunt, Spaeth, Neils Iand Seibold. The following member was absent: Mayor Hilde. *** *** Councilman Spaeth introduced the following resolution and moved lite adoption: RESOLUTION NO. 72-57 WHEREAS, an agreement between the Village of Plymouth and the City of Minnetonka was drawn up for joint usage of sanitary sewer and water facilities, and WHEREAS, the Village Manager made certain recommendations in his memo of February 3, 1972 (Exhibit A attached). NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF PLYMOUTH: The Mayor and Manager are hereby authorized to execute the agreement between the Village of Plymouth and City of Minnetonka for joint usage of sanitary sewer and water facilities. The motion for the adoption of the foregoing resolution was duly seconded by Councilman Spaeth and upon vote being taken thereon, the following voted in favor thereof: Councilmen Spaeth, Hunt, Neils and Seibold. The follc,wing voted against or abstained: None. Whereupon the resolution was considered duly passed and adopted. *** STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS VILLAGE OF PLYMOUTH) I, the undersigned, being the duly qualified and acting Clerk of the Village of Plymouth. Minnesota, hereby certify that I have carefully compared the foregoing extract of the minutes of a regular meeting of the Village Council of said Village held on February 7, 1972, with the original thereof on file in my office and the same is a full, true and complete trans.:ript therefrom. WITNESS, My hand officially as such Clerk and the corporate seal of the Village this 14th day of Fab rua ,;1972.; 1 Village Cle k," Village of Plymouth, 4sota (Seal) `I M E M 0 EXHIBIT "A" DATE: February 3, 1972 TO: Mayor and Council FROM: James G. Willis, Village Manager �cvr✓��,� SUBJECT: Agreement with City of Minnetonka for Joint Usage of Sanitary Sewer & Water Facilities Mr. Rudrud in his attached memo, reviews the proposed agreement with Minnetonka. He recommends Council approval of the agreement based upon what might be considered a fixed assessment charge for utility inter- connections. The contract as drafted provides for payment of the actual assessment to be borne by the receiving municipality. The problem, as Ron points out, is the disparity. of assessments for water and sewer assessments between the Village of Plymouth and Minnetonka. The two basic policy questions as I see them are: 1. Who will ultimately pay the assessment costs for giving service to the other community's water and/or sanitary sewer, and 2. How will periodic service charges be handled? I recommend the Council consider the following to deal with the foregoing problems: 1. The private party requesting service from either or both Minnetonka utilities shall be obligated to assume the total costs incurred by the Village under the provisions of paragraph 2 of the agreement. Such charges shall be due and payable to the Village in full prior to the Villages authorizing the service inter- connection, or as an alternate the total charges may be assessed to the benefiting property over such a period as the Village Council shall determine. 2. Periodic service charges for utility services shall be paid by the Village to Minnetonka as provided under the terms of paragraph 3. The Village shall bill to each property so connected to the Minnetonka utility at the rates then in effect for Plymouth residents. I recommend this action because of the automatic preparation of our utility bills. The time required to calculate individual bills based upon the rates of Minnetonka would impose an unnecessary burden on the Village accounting staff. :y service from Minnetonka is going,to dorso only in as where our utilities are not presently available. ;If id the utilities at the same cost, or less, than that ika,would require, then Iwould suspect we could extend Economics will dictate the course of action`, in each •efore'I'believe the benefiting party will be receivinj� :rvice at the lowest initinl enct nnA nn V411nea fichni M 5 t M E M 0 DATE: January 31, 1972 TO: James G. Willis, Village'Manager FROM: Ronald L. Rudrud, Village Engineer SUBJECT: AGREEMENT WITH CITY OF MINNETONKA FOR JOINT USAGE OF SANITARY SEWER & WATER FACILITIES The Council should consider the approval of the attached Agree- ment for the Joint Usage of Sanitary Sewer and Water Facilities. This was received from Carl F. Dever, City -Attorney for Minne- tonka, and has been reviewed and approved by our attorney, Herbert P. Lefler. Two items warrant discussion and a decision by the Council. They are: 1. The amounts paid between the communities for providing a service, in the form of assessments and user charges. 2. The amounts to be paid by Plymouth residents to Plymouth for obtaining service from a Minnetonka main -- for assess- ments and user charges. The contract, in Article 2, requires that the municipality acquir- ing such service or services shall pay to the municipality furnish- ing them an initial payment equal to "the amount assessed against like properties in the furnishing municipality for the construc- tion of the water or sewer facilities plus any hookup, connection or unit charge customarily levied." The present assessment rates in Minnetonka for a residential lot would total about $4,250.00, whereas the present Plymouth assess- ment, including the 1970 area charge rate, would total about $3,500.00. Therefore, if one Minnetonka resident received service from the Plymouth system and one Plymouth resident r, aived service from Minnetonka, it would cost Plymouth approximately a net of $750.00. Although the philosophy behind this provision in the agreement is logical, I do not believe Plymouth should be paying more for Eng. No. 72-25 January 31, 1972 page 2 using Minnetonka's service than Minnetonka pays for our services. The amounts assessed may become very similar upon completion of our sewer and water rate study and re -determination of area assessment rates. An Alternate "A" page, which adds an equalizing phrase, is in- cluded to give the Council a choice. The Alternate calls for each community to pay the other the same amount (say $4,000.00, for single family connection). The Minnetonka City Engineer feels this is the better solution. Article 3 of the contract requires that "The municipality receiv- ing such service shall pay to the municipality furnishing such services any and all periodic sewer and water charges for each property receiving such services within its municipal limits equivalent to the standard service charges imposed by the muni- cipality furnishing such services." The rates charged by the two communities are: Plymouth Res.Sewer $11.00 per unit/qtr. Comm.Sewer $20.00/gtr.min. (10,000 gal.) $.30/1000 above 10,000 gal. Res.Water $9.00/gtr.min.unit(18,000 gal.) $.50/1000 1st 45,000 $.45/1000 next 30,000 $.40/1000 next 125,000 $.35/1000 over 200,000 Comm.Water Same as above, except min. based on size meter Minnetonka $12.60 per unit/qtr. $ 4.20/month min. Rate is same as water $6.00/qtr. min. unit (15,000 gal.) $.40/1000 1st 15,000 $.35/1000 next 35,000 $30/1000 next 50,000 $.28/1000 over 100,000 Same as above, except min. based on size meter I recommend the approval of the agreement, using the Alternate "A" page. I would recommend that the Plymouth resident pay the Village at the rates being assessed by Plymouth at the time of the connection, and be charged Plymouth's user rates. The basis for this agree- ment is that each community can save monies by not installing parallel lines on any street. It does not seem reasonable to charge the Plymouth resident more than his Plymouth neighbors, so that the Village can save construction costs. RLR.n 47,64-� t. gjo-t THIS AGREEMENT, made and entered into this day of 19 , by and between the City of Minnetonka, a municipal corporation of the State of Minnesota, hereinafter referred to as "Minnetonka" and the Village of Plymouth, a municipal corporation of.the State of Minnesota, hereinafter referred to as "Plymouth", WHEREAS, Minnetonka and Plymouth have common boundaries in i certain areae, and i WHEREAS. Minnetonka and Plymouth are presently constructing sewer and water facilities to serve their respective residents E and in areas adjacent to the common boundaries, and it appears s c. ;i to the respective parties hereto that it is seasonable and y, feasible and in the public interest to provide for an interchange i of sewer and water facilities as the needs and convenience of Minnetonka and Plymouth may require, i; NOW, THEREFORE, in the joint exercise of their respective common powers to construct and maintain sanitary sewer and water facilities, it is hereby agreed, as follows: 1. The municipal councils of both municipalities hereby { approve hookups for sewer or water service which involves such f E �I an interchange between the municipalities upon the recommendation h i, of the respective administrative staffs. 2. The municipality acquiring such service, or services, �i shall pay to the municipality furnishing them an initial payment !I i it equal to the amount assessed against like properties in the { rr f� f 1 . furnishing municipality for the construction of the water or sewer facilities plus any hookup, connection or unit charge customarily levied. t 3. The municipality receiving such service shall pay to the municipality furnishing such services any and all periodic sewer and water charges for each property receiving such serv- ices within its municipal limits equivalent to the standard service charges imposed by the municipality furnishing such services. i 4. A permit for connection to sewer and water services shall not be issued by the municipality receiving such services until the municipality furnishing such services has issued its permit. 5. The furnishing municipality shell provide necessary feasibility reports if requested so that the acquiring municipal- ity may conduct public hearings and sower or water connection per-; mita shall not be issued by the furnishing municipality until i J' advised in writing by the acquiring municipality that they have i completed all appropriate public hearings and have satisfied I ;;all statutory requirements necessary to assess for the improve- ment of the benefited properties located in the acquiring (municipality., i� 6. The connections to the sanitary sewer and water facilities furnished, will be in accordance with the specifica- 3 ;;tions and requirements of the furnishing municipality. Inspec- { !1tions of the sewer and water connections may be made by the �i ifurnishing municipality. �f 7. The sanitary sewer and water facilities of the furnish- ing municipality which are utilized by the acquiring municipality under this agreement shall remain the sole and exclusive property of the furnishing municipality. 8. The acquiring municipality agrees to permit no usage of said sanitary sewer facilitie., which is prohibited by ordinance or otherwise of the furnishing municipality, and further agrees to immediately enjoin any such use. 9. It is understood and agreed that no rain water from roofs, yards, lawns, streets or alleys will be admitted into the sanitary sewers of either municipality, and that said sewers are i; to be constructed as nearly impervious to ground water as is { i practicable. All basement sump pumps shall have discharge per- manently piped to outside the building to prevent ground water from being added to its sanitary sewer. It is understood that any prolonged and intentional violation of this clause may be sufficient cause for cancellation of this contract. 10. The acquiring municipality hereby agrees and covenants j to hold harmless the furnishing municipality from any and all ! i liability to third persons which may result from the prosecution iP i of work performed under this agreement and further to restore any ,j damage to street or sewer facilities of the furnishing munici- pality occasioned by work performed under this agreement. ii 11. The foregoing provisions for the payment of charges by the acquiring municipality for sewer or water service, or both, shall be subject to any provisions for the extension of credit, I I' t I ,i -3- or credits, by the Metropolitan Sewer Service Board for the furnishing and supplying of sewer facil'_ties by one municipality to another; or by any act of the legislature of the State of Minnesota and providing for credits to any municipality furnish- ing or supplying water service to another municipality. IN WITNESS WHEREOF, the undersigned Mayor and Manager of the City of Minnetonka and the Village of Plymouth have hereunto set their hands pursuant to authority granted them by the Councils of the respective municipalities. " Ccuncil Approval 19 L Council Approval 19 ;i CITY OF MINNETONKA By Mayor By Manager VILLAGE OF PLYMOLJTH BY Mayor By Manager i; furnishing municipality for the construction of the water or sewer facilities plus any hookup, connection or unit charge customarily levied. It is intended that each receiving community pay the other at the same rate. It is anticipated that assess- ments in the communities will be about $4000/residential lot for water and sewer in 1972. Therefore, each would pay the other $4,000/lot served in 1972. 3. The municipality receiving such service shall pay to the municipality furnishing such services'any and all periodic sewer and water charges for each property receiving such serv- ices within its municipal limits equivalent to the standard service charges imposed by the municipality furnishing such services. i 4. A permit for connection to sewer and water services shall not be issued by the municipality receiving such services i. until the municipality furnishing such services has issued its permit. ` S. The furnishing municipality shall provide necessary I feasibility reports if requested so that the acquiring municipal- ity may conduct public hearings and sewer or water connection per mita shall not be issued by the furnishing municipality until 1' advised in writing by the acquiring municipality that they have 11 completed all appropriate public hearings and have satisfied all statutory requirements necessary to assess for the improve- l i • iiment of the benefited properties located in the acquiring municipality. I� 6. The connections to the sanitary sewer and water i► ; facilities furnished, will be in accordance with the specifics- tions and requirements of the furnishing municipality. Inspec- tions of the sewer and water connections may be made by the �I furnishing municipality. '2- . �