#088 12-08-54 Resolution and Agreement1
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Resolution No. 88 December 8, 1954
Member Stark.then introduced the following resolution and moved
its adoption:
RESOLUTION AND AGREEMENT
THIS AGREEMENT, made and entered into this 29th day of December,
1954, by and between the Village of Golden Valley, hereinafter
referred to as Golden Valley, and the City of Robbinsdale, here-
inafter referred to as Robbinsdale, WITNESSETH:
In the joint exercise by Golden Valley and Robbinsdale of their
respective powers to construct, maintain and operate sanitary
sewer systems, it is hereby agreed by and between Golden Valley
and Robbinsdale, as follows: .
1. Robbinsdale hereby grants to Golden Valley for the
benefit of Golden Valley residents and owners of land abutting
on streets in Golden Valley, which streets also abut on
Robbinsdale, the right to connect their individual sanitary
sewers to the Robbinsdale sanitary sewer system, subject to
the rules and regulations and ordinances of Robbinsdale.
Robbinsdale shall not make any charge to Golden Valley residents
and landowners making such connections; provided, however,
that Golden Valley reserves unto itself the right of levy a
full lateral sewer special assessment against its said
residents and landowners making.such sewer connections and
provided, further, that the service stub shall in all cases
be built by Golden Valley or by a contractor employed by
Golden Valley. The rights Aranted under the terms of this
paragraph are for the benefit of any and all persons owning
or having an interest in land abutting on streets in Golden
Valley, which streets also abut Robbinsdale.
Immediately upon execution of this contract, any person
owning or having any interest in land abutting on a street
in Golden Valley, which street also abuts Robbinsdale, may
make a connection with the sanitary sewer system of Robbins -
dale for the service of said property gpon compliance with
all ordinances, rules and regulations of Robbinsdaleo
2. Golden Valley hereby grants to Robbinsdale, the right
to discharge into the Golden Valley sanitary sewer system all
sanitary sewer flowage from a lift station located at France
Avenue and -26J Avenue North.
The area to be served under this agreement is described
as follows:
Met
Bounded by a line commencing at the most Northerly corner
of Lot 340 Block 7, McNair Manor 2nd Unit; thence.in a
Westerly direction along the South line of 31st Avenue to
the alley in Block S, McNair Manor 2nd Unit; thence South
along said alley to the North line of Lot 29, Block 5s
McNair Manor 2nd Unit; thence West along said lot line to
France Avenue North; thence South along France Avenue North
to 26th Avenue; thence East of 26th Avenue to the North-
South alley in Block 13, McNair Manor 3rd Unit; thence North
along 262 Avenue or; thence west along 262 Avenue to the
alley in Block 141 McNair Manor 3rd Unit; thence North along
said alley to 27th Avenue North; thence West of 27th Avenue
to the alley in Block 10, McNair Manor 2nd Unit; thence North
along said alley to Chowen Avenue; thence Nally along Chowen
.Avenue to McNair Drive; thence Sally along McNair Drive to the
alley in Block 7, McNair Manor 2nd Unit; thence North along
said alley to point of beginning.
which location is close to the common boundary line of the
two municipalities and to the sanitary sewer system of Golden
Valley® The area to be served under this agreement is des-
cribed as follows:
Same as above description
and shall never be enlarged except upon agreement of both
municipalities.
3. Neither municipality shall permit any industrial
sewage or sewage other than that ordinarily discharged from
residences to be discharged into the sanitary sewer system
of the other municipality without the express consent of said
other municipality, and neither shall discharge sewage into
the sanitary sewer system of the other from any type of struc-
ture other than a one or two-family residence without the
express consent of said other municipality.
4. Robbinsdale shall adopt suitable means, subject to
the approval of Golden Valley, for the measurement of sewage
entering the Golden Valley sanitary sewer system, Golden
Valley shall adopt suitable means, subject to the approval
of Robbinsdale, for the measurement of sewage entering the
Robbinsdale sanitary sewer system. The average house conn-
ection flow shall be determined upon the basis of said
measurements and shall provide the basis of estimating the
future quantity of sewage to be discharged by each of the
parties into the sanitary sewer system of the other. On
the basis of the estimates thus arrived at and such formula
or formulas as Robbinsdale and Golden Valley shall agree upon,
Robbinsdale shall pay to Golden Valley, and Golden Valley
shall pay to Robbinsdale, all charges imposed by the City
of Minneapolis upon either municipality as a result of the
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flow of sewage from one municipality into the sanitary sewer
system of the other municipality and thence into the sanitary
sewer system of Minneapolis.
5. Each municipality agrees that its sewer connected with
the sewer. system of the other municipality under this agree-
ment, will be used for sanitary sewer purposes only, and
none but sanitary sewers will be connected therewith. No
rain or surfaces waters will be admitted into the sanitary
sewers of either municipality, insofar as they are connected
with the sewer system of the other municipality. Each
municipality agrees that its sanitary sewers connecting with
those of the other municipality, will be constructed and
maintained as nearly impervious to ground waters as is
practicable. During the construction, re -construction or
repair of sanitary sewers, each municipality agrees that
it will take special care not to allow any gravel, sand,
dirt, or other heavy material to be washed or carried into
the sewers of the other municipality. Each municipality
agrees that its sewers connecting with those of the other
municipality shall be so constructed, used and maintained,
as to conform in every respect to the contracts entered into
between the parties hereto and the City of Minneapolis
relating to interconnection of sewers.
6. Each municipality agrees to pay directly to the City
of Minneapolis its allocated share of the cost of operation,
maintenance, and repair of the Minneapolis -St. Paul Sanitary
District Works and the Minneapolis exclusively owned inter-
ceptor sewers due to sewage discharged into the sewer system
of the other municipality, if such costs are allocated by the
City of Minneapolis. Each municipality shall reimburse the
other for any payments made to the City of Minneapolis in its
behalf,
7. The sewers in either municipality which are used jointly
by both, will be maintained by the municipality in which they
are located at its expense.
8. The rights granted hereunder shall be perpetual, except
that either party may cease using the sewer facilities of the
other at any time upon sixty dayst notice in writing, but such
termination shall not affect the liability of either party for
any amounts due the other prior to such termination. Each
municipality shall have the right to terminate the privileges
granted the other only on account of substantial continued
violation of any of the terms or conditions of this agreement,
and only upon first giving reasonable notice to the other
municipality and affording it and the users of its sewers a
reasonable opportunity to correct any condition which may
violate the terms and conditions hereof.
9. Each municipality shall be the sole owner of the san-
itary sewer located within its corporate limits.
IT WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed in their behalf by the proper
officials of the respective parties pursuant to resolutions
duly adopted by the Councils of the respective parties and have
caused their respective corporate seals to be hereunto
affixed this 30th day of December, 1954•
CITY OF ROBBINSDALE
By
Mayor
Attest:
Jerk
VILLAGE OF GOLDEN VALLEY
By e
Attes
The motion for the adoption of the foregoing resolution
was duly seconded by Member Bies and upon vote. being taken
thereon, the following members voted in favor thereof: Bies,
Foss, Huebsch, Rahn, and Stark; and the following voted against
the same: None, whereupon said resolution was declared duly
passed and adopted, signed by the Mayor and his signature was
attested by the Clerk.
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