02-082CITY OF SHOREWOOD
RESOLUTION NO. 02- 082
A RESOLUTION REQUESTING MUNICPAL WATER SERVICE
FOR THE SOUTH LAKE MINNETONKA PUBLIC SAFETY FACILITY
WHEREAS, the City of Shorewood and the City of Tonka Bay have entered into
a Cooperative Agreement dated February 11, 2002 for providing municipal water and sanitary
sewer services outside the corporate boundary of each municipality; and
WHEREAS, the South Lake Minnetonka Public Safety facility located at 24140
Smithtown Road, within the City of Shorewood, requires municipal water service; and
WHEREAS, the Director of Public Works has determined that the most economical method of
providing municipal water service to said facility is via the City of Tonka Bay's municipal water
system
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
1. The City of Shorewood, on behalf of the South Lake Minnetonka Police and
Excelsior Fire District, hereby request municipal water services from the City of Tonka Bay, for
the property located at 24140 Smithtown Road, Shorewood, Minnesota.
2. The City of Shorewood, on behalf of the South Lake Minnetonka Police and
Excelsior Fire District, hereby request permission from the City of Tonka Bay to remove the
existing 6 inch diameter watermain connected to the Tonka Bay water system, shown in Exhibit
A, and replacing said utility with a 12 inch diameter watermain.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOR�'GV�DOD this 14th day of
October 2002. `
ATTEST:
i►�� e
. DAWSON, CITY ADMINISTRATOR/CLERK
l ♦. 1:41MIT01919
THIS AGREEMENT made and entered into this f `I4h day of Fe bi'"WY-1"Ul ,
2002 by and between the City of Tonka Bay, a municipal corporation, hereinafter`'
referred to as Tonka Bay, and the City 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 city; and
WHEREAS, Tonka Bay did during the year 1972 construct an interior water
system to serve the land located within the confines of its city; 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 City of Shorewood did during the year 1972 construct a
municipal sewer system to serve properties located within the confines of its city; and
WHEREAS, the metropolitan interceptor serves Shorewood so that the trunks
constructed by the City 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 makes it
impractical to connect to the metropolitan sewer interceptor without constructing
expensive pumping stations and force mains, unless the area in question is, in fact,
connected to the interceptor 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 of
both cities to use the Tonka Bay interior sewer lines to serve the Shorewood area
provided Tonka Bay is appropriately compensated for such use; and
WHEREAS, Shorewood is desirous of being served by water from the Tonka Bay
municipal water system, and Tonka Bay is 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.
Exhibit A
NOW, THEREFORE, in consideration of the premises and mutual covenants, it is
hereby agreed as follows:
USE OF TONKA BAY INTERIOR SEWER SYSTEM
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 upon the adoption of a resolution by the City of
Tonka Bay authorizing said connection. Hookup to such connection may be
made in the City of Shorewood only upon:
a. Obtaining a permit from the City of Shorewood to do so, all in accordance
with the ordinances of Shorewood.
b. Copy of the application of such permit shall be furnished forthwith to
Tonka Bay. Shorewood shall issue no permit for such connection until
approval or disapproval thereof has been given by Tonka Bay.
c. A copy of the as -built plans (mylars and electronic CAD files) of that
portion of the line along with the necessary measurement to all manholes
and service connections.
d. A plat showing the area including the platted lots of that portion of the
system so connected.
e. A statement setting forth the maximum number of connections to be
connected to the Tonka Bay system, which number shall not exceed
twenty-five (25).
f. A cash payment to Tonka Bay for each residential hookup in an amount
established annually by the Tonka Bay City Council. Said rate shall reflect
initial construction costs for the sewer system along with annual
adjustments based on the construction price index.
(i). Said residential hookup charges shall be paid either in full at the
time of connection or 50% at the time of connection and the
remaining 50% prorated over a period of five (5) years, Tonka Bay
shall refund the prorated portion, whether paid in full at the time of
connection or paid on an install basis, as described herein. Half of
the cost of said hookup charge shall be nonrefundable.
(ii). Each unit in a multi -family dwelling shall pay to Tonka Bay a user
fee at the same rate as residential users in Tonka Bay.
(iii). User fees.for Shorewood residents hooked up to the Tonka Bay
sewer system will be at the same rate as Tonka .Bay residents. .
(iv). If a commercial connection is made to the sanitary system that is
using a private well for potable water, a meter shall be installed on
the private well in order to determine usage.
g. Users connected to the Tonka Bay sewer system shall comply with the
Tonka Bay ordinances governing the use of the Tonka Bay sewer system.
In the event Shorewood desires to bill and collect said user fees, it shall
be Shorewood's obligation to remit to Tonka Bay that amount which would
be due Tonka Bay if Tonka Bay billed directly.
h. Shorewood shall be responsible for all delinquent sewer accounts. The
accounts of all sewer users in Shorewood which are delinquent for more
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than 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.
L Shorewood shall be obligated to inspect and repair all sewer lines located
in the City of Shorewood and in the event there is a defect or break
allowing breakage or excessive infiltration of ground water into said lines,
Shorewood shall immediately take steps to correct the same. if the break
is not corrected, Tonka Bay reserves the right to discontinue service at the
Tonka Bay city limits or raise said rates to compensate for additional
sewer flows generated by ground water infiltration.
2. Tonka Bay will be responsible for 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 immediately notify Shorewood
of the problem and it shall thereupon be Shorewood's responsibility to provide
emergency service to the Shorewood users. Tonka Bay shall not be responsible
to Shorewood for any breakdown in the Tonka Bay lines.
3. Either party may terminate use the portion of this agreement providing for future
sewer connections by mailing a written notice to the other at least six (6) months
prior to the intended date of termination. If any sewer connections have been
made and are currently in use, neither party may terminate the agreement to
provide service to those connections unless a reasonable alternative service is
available. Termination in that case must also be made by mailing a written notice
at least six (6) months prior to the intended date of termination.
WATER SYSTEM
In the event Shorewood determines that it desires to construct and install water
lines within the City of Shorewood, it may connect said lines to the Tonka Bay
municipal water system upon the adoption of Tonka Bay of a resolution
authorizing said connection.
2. Hook up to such connection may be made in the City of Shorewood only upon:
a. Obtaining a permit from the City of Shorewood to do so, 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 an amount
established annually by the Tonka Bay City Council. Said rate shall reflect
initial construction costs for water distribution system and water tower
along with annual adjustments based on the Construction Price Index.
(i) Said residential hookup charges shall be paid either in full at the
time of connection or 50% at the time of connection and the
remaining 50% prorated over a period of five (5) years. In the
event the hookup is disconnected within five years, Tonka Bay shall
3
refund the prorated portion, whether paid in full at the time of
connection or paid on an installment basis, as described herein.
Half of the cost of said hookup charge shall be non-refundable.
(ii) Each unit in a multi-famiiy dwelling shall pay to Tonka Bay a user
fee at the same rate as residential users in Tonka Bay.
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 and collect said user fees, it shall be Shorewood's obligation
to inspect and read the meters quarterly and remit to Tonka Bay that
amount which would be due Tonka Bay if Tonka Bay billed directly.
e. Shorewood shall be responsible for all delinquent water accounts. The
accounts of all water users in Shorewood which are delinquent for more
than 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 City 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
city limits.
g. Shorewood shall not permit any connection to Tonka Bay water system
without prior approval by Tonka Bay.
3. Emergency interconnection. It is understood that there presently exists a facility
to provide direct interconnection between the Tonka Bay municipal water system
and the Shorewood Badger Well municipal water system at County Road 19. In
the event that an emergency arises whereby either City's water system becomes
impaired, such City may make use of the interconnect facility to obtain water
temporarily from the other city's water system, subject to the following conditions:
a. Notification ® Should it become necessary for either Tonka Bay or
Shorewood to open the valve to utilize water from the other system, the
public works supervisor shall notify the public works supervisor or some
other city official (administrator or Councilmembers) from the city rp for to
the time that the valve is opened.
b. Payment for Water Use — In lieu of metering, payment by one city to the
other for the water used shall be based on the previous year's weekly or
monthly average for that same comparable time period.
Example: If Shorewood opens valve on March 10, 1991, and uses water
for one day, Tonka Bay will review records for water consumption on
March 10th of 1990. If March 10, 1990 records show that 200,000 gallons
of water were consumed in Tonka Bay that day and 220,000 gallons are
consumed with the valve open on March 10, 1991, Shorewood shall pay
Tonka Bay for the use of 20,000 gallons of water at the water rate in effect
at that time. If Tonka Bay uses water from Badger Well, a similar process
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would be followed to determine what amount Tonka Bay owes
Shorewood.
C. Maintenance of Valves — Each city shall be responsible for the
maintenance of its own valve.
d. Mutual Benefit — It is understood that the connection between the two
cities is mutually beneficial and, in an emergency situation such as a fire,
the mixing of the water from each system would not be harmful or pose
any health -related problems.
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.
IN -PRESENCE OF CITY OF TONKA BAY
By
Mayor
Date:
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5
RESOLUTION NO. 02- 020
A RESOLUTION AUTHORIZING THE MAYOR
AND CITY ADMINISTRATOR TO ENTER INTO A COOPERATIVE
AGREEMENT WITH THE CITY OF TONKA. BAY FOR UTILITY SERVICES
WHEREAS, the there exist areas within the City of. Shorewood that are better served
by the City of Tonka Bays infrastructure for municipal sanitary sewer and or water service; and
WHEREAS, a cooperative agreement has been drafted between the City of Shorewood
and the City of Tonka Bay for providing such services; and
WHEREAS, the City Engineer has reviewed said Cooperative Agreement and found it
to be in order.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Shorewood, Minnesota:
1. That the Mayor and City Administrator, on behalf of the City of Shorewood, are
hereby authorized to enter into the Water and Sanitary Sewer Agreement,
attached hereto as "Exhibit A."
ADOPTED BY THE CITY COUNCIL OF THE OF SHOREWOOD this
11`h day of February, 2002.
WOODY LOVE, MAYOR
ATTEST. .
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