87-087
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II
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RESOLurICN ID. 87-87
A RESOLurICN AMENDING WATER AND SEWER AGREBVIENl'
BElWEEN '!HE CIlY OF SIJJRE\\UD AND '!HE CIlY OF 'llN\A BAY
WHEREAS, Tonka Bay and Shorewood entered into a certain agreement
dated the 9th day of July, 1973, called "Water and Sewer Agreement,
Tonka Bay - Shorewood", a copy of which is attached hereto as Exhibit "A" and
made a part hereof as if fully set out herein; and
WHEREAS, the parties desire to amend paragraph II 2 c of said
agreement, which refers to the cash payment to Tonka Bay for each residential
hook up and the coomercial hook up rate; and,
WHEREAS, the parties desire to ratify said Exhibit A in all other
respects,
NlV, 1HEREFORE, BE IT RESOLVED by the Ci ty Council of the Ci ty of
Shorewood:
1. That the Mayor and City Clerk are hereby authori zed to
execute the Amendment to Water and Sewer Agreement attached hereto as
Exhibi t B.
2. That the said Amendment be forwarded to the City Council of
the Ci ty of Tonka Bay for their approval and execution.
AOOPrED BY '!HE CIlY cnIDIL OF '!HE CIlY OF SII)Illi1\UD this 13th day of July,
1987.
Robert Rascop, Mayor
A'lTEST:
Sandra Kennelly, Clerk
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WATER AND SEWER AGREEMENT
TONKA BAY - SHO~~OOD
THIS AGREEMENT made and entered into this 1 day of
~~qt' , 1973 by and between the Village of Tanka Bay, a
ict al corporation, hereinafter referred to as Tonka Bay, and
the Village of Shorewood, a municipal corporation, hereinafter
referred to as Shorewood,
.
WHEREAS, Tonka Bay did in the year 1965 construct an
interior sewer system to serve land located within the confines
of its village, and
WHEREAS, Tonka Bay did during the year 1972 construct an
interior water system to serve the land located within the confines
of its village, and
WHEREAS, the Metropolitan Sewer Board did during the year
1971 construct a Metropolitan Sewer line to serve, among other
municipalities, in such a manner as to collect the sewage from
Tonka Bay at one point at or near Manitou, Hennepin County Road
No. 19 intersection, and
WHEREAS, the Village of Shorewood did during the year 1972
construct a municipal sewer system to serve properties located
within the confines of its village, and
WHEREAS, the metropolitan interceptor serves Shorewood so
that the trunks constructed by the Village of Shorewood can, in
most cases, connect with the metropolitan interceptor at points
within the confines of Shorewood, and
WHEREAS, Shorewood is adjacent to Tonka Bay so that the
two have a common border, and
WHEREAS, there is a section of Shorewood the geography of
which rnake~ it impractical to connect to the metropolitan sewer
interv~ptop without constructing expensive pumping stations and
:eorceIlla.in~, ,unless the area i?- question is, in fact, connected
tQ,.theinterceptor by use of the interior lateral sewer system
of Tonka Bay, and
WHEREAS, Tonka Bay and Shorewood agree that it is to the
best interest .ot both villages to use the Tonka Bay interior
sewe~ lines to ser.ve the Shorewood area provided Tonka Bay is
appropriately compen~ated for such use, and
EXHIBIT A
Page 1 of 4
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desirous of providing such service, and
WHEREAS, Tonka Bay and Shorewood are desirous of setting
forth in this agreement provisions under which Shorewood may
. make use of Tonka Bay's interior sewer system to reach the metro
interceptor, and also provisions whereby Shorewood may receive
water service from the Tonka Bay water system,
NOW, THEREFORE, in consideration of the premises and
mutual covenants, it is hereby agreed as follows:
I.
USE OF TONKA BAY INTERIOR SEWER SYSTEM
1. Shorewood may connect a portion of its lateral sewer system
to the Tonka Bay interior sewer system for the purpose of using
the Tonka Bay lines to reach the metropolitan sewer interceptor
provided that Shorewood concurrently file with the Village of
Tonka Bay:
a. A copy of the as-built plans of that portion of
the lines so connected.
b. A plat showing the area including the platted
. lots of that portion of the system so connected.
c. A statement setting forth the maximum number
of connections to be connected to the Tonka Bay
system, which number shall not exceed - 20 - .
d. A cash payment to TonkaBay in the amount of
$300.00 for each unit hooked up or anticipated to
be hooked up to the Tonka Bay system.
2. Tonka Bay will bill Shorewood annually a proportion of the
cost of maintaining the interior Tonka Bay lines, which bill
will be computed by first determining the cost of maintaining
the Tonka Bay sewer system and taking a percentage of the cost
which the ,Shorewood connections, bear to 500 (Tonka Bay con-
nections) .'
3. Tonka.:.aayw~l~be responsi'b~e fo:r maintaining its own interior
system. In the event there is a breakdown in that system so as
to preclude receiving sewage from the Shorewood connections,
Tonka Bay will'immediatelynotify Shorewood of the problem and
'. it shall thereupon be Shorewood's responsibility to provide
EXHIBIT A
Page 2 of 4
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n':.::i'puH.::i~ble to Shorewood lor any breakdown lnt.;ht: '1'unka buy .L.lnt::;:;,.
4. Shorewood shall be at liberty at any time to terminate use of
the Tonka Bay lines; however, no money shall be due and payable
to Shorewood in the event of termination of such use.
II.
WATER SYSTEM
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1. In the event Shorewood determines that it desires to con-
struct and install water lines within the Village of Shorewood,
it may connect said lines to the Tonka Bay municipal water system
upon the adoption by Tonka Bay of a resolution authorizing such
connection.
2. Hook up to such connection may be made in the Village of
Shorewood only upon:
a. Obtaining a permit from the Village of Shorewood
to so do, all in accordance with the ordinances of
Shorewood.
b. Copy of the application of such permit shall be
submitted forthwith to Tonka Bay. No permit for
such connection shall be issued by Shorewood until
approval or disapproval thereof has been given by
Tonka Bay.
c. Cash payment to Tonka Bay for each residential
hook up in the 'amount of $500.00. Commercial hoo~ ups
shall pay the same rate as Tonka Bay users.
d. Users connected to Tonka Bay water system shall
comply with the Tonka Bay ordinances governing the
use of the Tonka Bay water system including the use of
meters. Tonka Bay shall charge the residents of
Shorewood connected to the Tonka Bay water system
user fees at the same rate charged to Tonka Bay
residents. In the event Shorewood desires to bill
$nd c911ect said user fees, it shall be Shorewood's
obl igat1 on to inspect and read the meters quarterly
and remit to Tonka Bay tha.t amount which would be due
TonkaBay if Tonka Bay billed directly.
e. Shor~wood shall be responsible for all delin-
quent water accounts. '. The accounts of all water
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EXHIBIT A
Page 3 of 4
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users in Shorewoodwnich are dt:l..LHqU.~J.ll.. i.UJ. lHUJ. <.; "l.....U
ninety (90) days shall be turned over to Shorewood
and Shorewood shall within thirty (30) days thereafter
make payment to Tonka Bay and become absolute owner of
the account.
f. Shorewood shall be obligated to inspect and repair
all water lines located in the Village of Shorewood
and in the event there is a defect or break in said
lines, Shorewood shall immediately take steps to
correct the same. If the break is not corrected,
Tonka Bay may shut off the water at the Tonka Bay
village limits.
g. Shorewood shall not permit any connection to Tonka
Bay water system without prior approval by Tonka Bay.
IN WITNESS WHEREOF, the undersigned governmental units have
caused this agreement to be executed in their behalf pursuant to
the authority of their respective village councilS.
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IN PRESENCE OF:
VILLAGE OF TONKA BA~
By~A ~
Mayor
Qp~_..J.. ?j;>.tj73
BY~4T7 /Jj~~
~
VILLAGE OF SHOREWOOD
~~~
Mayor
tkf.-<-<(> 1{f/ 1 ~
BY'--m~ '1!vrwMkrL.7.
/ Clerk --""'-0
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EXHIBIT A
Page 4 of 4
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AMENDMENT TO WATER AND SEWER AGREEMENT
TONKA BAY - SHOREWOOD
""" v-\"
THIS AGREEMENT, made and entered into this ~-day of July,
1987 by and between the City of Tonka Bay, a Minnesota municipal
corporation, hereinafter referred to as "Tonka Bay" and the City of
Shorewood, a Minnesota municipal corporation, hereinafter referred
to as "Shorewood",
WHEREAS, Tonka Bay and Shorewood entered into that certain
agreement dated the 9th day of July, 1973, called "Water and Sewer
Agreement, Tonka Bay - Shorewood", a copy of which is attached
hereto as Exhibit "A" and made a part hereof as if fully set out
herein, and
WHEREAS, the parties desire to amend paragraph II 2 c of said
agreement, which refers to the cash payment to Tonka Bay for each
residential hook up and the commercial hook up rate, and
WHEREAS, the parties desire to ratify said Exhibit A in all
other respects,
NOW, THEREFORE, in consideration of the premises and mutual
covenants, and other good and valuable consideration, it is hereby
agreed as follows:
II 2 c of Exhibit "An shall be amended as follows:
c. Cash payment to Tonka Bay for each residential hook up
in the amount of one thousand five hundred dollars
($1,500.00). Commercial hook ups shall pay the same rate
as Tonka Bay users.
IN WITNESS WHEREOF, the undersigned governmental units have
~ caused this agreement to be executed in their behalf pursuant to
the authority of their respective City Councils.
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-briciJ(. JJO/
1/ ' )
-.--., ' /~' . P
J l, Cu.!, f,cd
.., ' -l~;!
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CITY OF TONKA BAY
BY; ~ In. SJuhllJ/f-f/1.-
Ruth M. Sherman, Mayor
BY:~~\'\\~
Kirk C. McDonald, Clerk/
Administrator
CITY OF SHOREWOOD
7
By:<!//0~d~~/~
Robert Rascop, Mayor
BY:
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