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Home My WebLink About7.c. Cooperative Agreement for Dakota County ShopCITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: May 1, 2001 AGENDA ITEM: Authorize Cooperative Agreement to Provide AGENDA SECTION: Sanitary Sewer and Water Services for the Proposed Dakota Old Business County Shop and Authorize the Preparation of Plans and Specifications for Sanitary Sewer, City Project 332 PREPARED BY: Bret Weiss, Interim City Engineer AGENDA ATTACHMENTS: Cooperative Agreement, Resolutions APPROVED BY: 'I At the April 18, 2001 City Council Workshop the possibility of extending services to the proposed Dakota County Shop located south of 160` Street in Empire Township was discussed. That meeting was predicated by the March 6, 2001 City Council meeting where the County asked the City to consider providing these services. At the work session, there was general consensus from the participating Council Members and Mayor to develop a Cooperative Agreement with the County to provide these services. Attached is the proposed agreement for consideration by the Council. If the City Council chooses to move forward with the agreement, we would also request authorization to prepare the necessary plans and specifications. The County is currently reviewing the attached agreement. Additional information may be provided at the meeting after the County Attorney reviews the agreement. RECOMMENDED ACTION: MOTION TO ADOPT A RESOLUTION REQUESTING A COOPERATIVE AGREEMENT PROJECT WITH DAKOTA COUNTY TO PROVIDE SANITARY SEWER AND WATER SERVICES TO THE PROPOSED COUNTY SHOP LOCATED SOUTH OF 160 STREET IN EMPIRE TOWNSHIP. MOTION TO ADOPT A RESOLUTION AUTHORIZING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE DAKOTA COUNTY SHOP SANITARY SEWER, CITY PROJECT #332 COUNCIL ACTION: 7 w CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2001— A RESOLUTION APPROVING A COOPERATIVE AGREEMENT BETWEEN THE CITY OF ROSEMOUNT AND DAKOTA COUNTY CITY PROJECT #332 WHEREAS, the City Council of the City of Rosemount has been approached by Dakota County for the provision of extending sanitary sewer and water services to their new County Maintenance Shop just south of 160 Street within Empire Township, and WHEREAS, Dakota County will incur all charges for the extension of the services under City Project #332 as stipulated within the Cooperative Agreement. NOW THEREFORE BE IT RESOLVED that the Mayor and the City Administrator are authorized to execute the Agreement and such amendments as are approved by the City Attorney and the City Administrator. ADOPTED this 1 day of May, 2001 by the City Council of the City of Rosemount. Cathy Busho, Mayor ATTEST: Linda Jentink, City Clerk Motion by: Voted in favor: Second by: Voted against: 0 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2001 — A RESOLUTION ORDERING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR DAKOTA COUNTY SHOP SANITARY SEWER CITY PROJECT #332 WHEREAS, the City Council of the City of Rosemount entered into a Cooperative Agreement with Dakota County on May 1, 2001 to provide sanitary sewer service to their new Maintenance Shop, City Project #332; and NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Rosemount hereby orders the preparation of plans and specifications for the sanitary sewer services, City Project #332 described in the aforementioned Agreement. ADOPTED this 1 st day of May, 2001. Cathy Busho, Mayor ATTEST: Linda Jentink, City Clerk Motion by: Voted in favor: Seconded by: Voted against: +1% COOPERATIVE AGREEMENT This Agreement is made this day of , 2001, by and between the City of Rosemount, Minnesota (hereinafter "City "), a Minnesota municipal corporation, and the County of Dakota (hereinafter "County "), a Minnesota municipal corporation. WITNESSETH: WHEREAS, the City operates sanitary sewer and water utilities in and for the City of Rosemount; and WHEREAS, the County is the owner of land legally described on Attachment One, attached hereto and hereby made a part of this Agreement (hereinafter the "Subject Property "), on which it intends to construct and maintain a County maintenance building; and WHEREAS, the Subject Property is located in Empire Township, Minnesota; and WHEREAS, Minnesota Statutes, Section 429.021 authorizes the City to extend sanitary sewer and water services outside of its corporate boundaries; and WHEREAS, the County has requested the extension of municipal sewer and water utility services to the Subject Property; and WHEREAS, the City is willing to so extend such services on the terms and conditions hereinafter set forth; NOW, THEREFORE, on the basis of the premises and the mutual covenants and agreements hereinafter set forth, the parties hereto agree as follows: I. CONSTRUCTION OF FACILITIES 1.1 The City will design and inspect municipal sanitary sewer and water services to the property line of the Subject Property, such facilities being generally as described on Attachment Two, attached hereto and hereby made a part of this Agreement (hereinafter the "Project "). CLL- 196587v2 RS215 -3 1 ,,► 1.2 The County will secure any required right of way and easement rights and construct the Project at its own expense in accordance with plans and specifications prepared by the City. 1.3 Upon completion of the Project and acceptance by the City, all parts of the Project lying outside of the Subject Property shall become the property of the City and a part of its utility systems and the County shall execute such assignments as are necessary to effect the transfer of easement rights and warranties or guarantees for the Project to the City. II. COUNTY TO PAY COSTS 2.1. The County will pay to the City the sum of Dollars ($ as payment for estimated expenses incurred by the City in preliminary design and engineering and inspection of the Project. Upon receipt of such sum, the City will commence designing the Project. In the event design and engineering costs exceed the sum stated above, the County will promptly reimburse the City for such additional costs. In the event engineering costs incurred by the City are less than the sum so received, excess funds will be returned to the County. III. RATES AND CHARGES 3.1. Upon connection by the County to the municipal sewer and water systems, the County will pay connection charges and trunk fees in accordance with the City's schedule of rates and charges. Thereafter, the County will pay for the use and availability of such services in accordance with the rates and charges in effect for other customers of the City's utility systems as they may be amended from time to time by the City Council. IV. TERM AND TERMINATION 4.1. This Agreement may be terminated at any time upon the mutual consent of the parties. CLL- 196587v2 RS215 -3 2 y 4.2. Upon payment of all costs and charges due, the County may terminate this agreement at any time by giving the City notice that it wishes to terminate municipal sewer and water service to the Subject Property. V. SALT SHELTER 5.1. The County will construct a salt and sand warehouse or shelter on the Subject Property in which it will store salt, sand and other related materials for use on public roadways. As additional consideration for this agreement, the County agrees to allow the City to use such facilities for storage of the City's salt and sand for use on City roadways. The County will also make available to the City, at no expense to the City, the use of the County's equipment for moving and loading such salt into City vehicles, and will allow 24 hour a day access to the facility for such purpose. VI. LINIITATION ON AREA OF SUBJECT PROPERTY SERVED 6.1. Although the County has purchased all of the Subject Property, it is the plan and intent of the County that only the north 40 acres of the Subject Property will be used for the County facilities served by municipal sewer and water services. The County agrees that no part of the Subject Property other than the north 40 acres thereof will be connected to or served by the sewer and water facilities provided for under this Agreement without the written consent of the City. VII. AGREEMENT TO RUN WITH THE LAND 7.1. This Agreement shall run with the land of the Subject Property and shall bind the successors and assigns of the parties. CLL- 196587v2 RS215 -3 91 CITY OF ROSEMOUNT By Its Mayor And Its Clerk COUNTY OF DAKOTA By Its And Its CLL.196587v2 RS215 -3