20-118 Cancelling the 1991 Sanitary Sewer Service Agreement Between Shorewood and ExcelsiorCITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
RESOLUTION 20-118
A RESOLUTION CANCELLING THE 1991 SANITARY SEWER SERVICE
AGREEMENT BETWEEN SHOREWOOD AND EXCELSIOR
WHEREAS, In 1991 the cities of Shorewood and Excelsior entered into a Joint Use Sanitary
Sewer Service Rental Agreement (Agreement) that provided for payment from Shorewood to
Excelsior for the cost to convey sewage through Excelsior sewer mains to the Met Council
interceptors; and,
WHEREAS, An analysis of the information shows that a portion of the Shorewood connections
that were included in the billing were never connected to the Excelsior mains; and
WHEREAS, Shorewood city staff have attempted to negotiate for the return of funds that were
paid, but for which no service was received, and negotiations were not successful; and
WHEREAS, The Agreement contains a cancellation clause,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHOREWOOD, MINNESOTA AS FOLLOWS:
1. Pursuant to paragraph eight of the Agreement, the council hereby gives notice that the
Agreement is terminated. Staff is directed to send written notice to the city of Excelsior.
2. The Council finds there is sufficient evidence that indicates that Shorewood paid for a service
that it did not receive, and for which the City of Excelsior incurred no cost, and that the value of
that service should be refunded to the City of Shorewood.
3. The city staffs of each city should work to develop a new sanitary sewer service agreement
that is equitable to both parties and accurately reflects the actual cost to provide the service.
Adopted by the City Council of Shorewood, Minnesota this 9th day of November 2020.
ScotiZerby, Mayor
t:
S'ainkiile Thone, dli Clerk