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RES 1967-138 - 00010805185 RESOLUTION NO. 138 -1967 CITY OF FRIDLEY COUNTY OF ANOKA STATE OF MINNESOTA A RESOLUTION RELATIVE TO CITY OF FRIDLEY - NORTH SUBURBAN SANITARY SEWER DISTRICT SEWER USE AGREEMENT ' WHEREAS, the City of Fridley and the North Suburban Sanitary Sewer District entered into a general sewer use agreement, condi- tioned, modified and limited by a supplementary agreement dated the 8th day of January, 1964, and WHEREAS, Section 7 of said supplementary agreement relative to connection charges reads in part as follows, "Fridley shall have the right to connect portions or all of its sewer system directly to the District disposal system on a temporary or permanent basis, as Fridley may elect, and shall pay current connection charges to the District;... ", and WHEREAS, the City has requested the District for a connection to the District system to serve an area in the City designated as Commerce Park, which is located south of Osborne Road, west of T.H. #47, north of 73rd Avenue N.E. and east of the Great Northern and Northern Pacific Railroads, and WHEREAS, the District has requested that the City make its election as to what basis it intends to connect the above described ' property to the District disposal system, NOW, THEREFORE BE IT RESOLVED as follows: 1. That the City of Fridley has not exceeded its disposal capacity at 22nd and Marshall, or 43rd and Marshall, 2. That it has elected to connect to the District system that area described as Commerce Park, which is located south of Osborne Road, west of T.H. #47, north of 73rd Avenue N.E. and east of the Great Northern and Northern Pacific Railroads, on a temporary basis. 3. That this resolution is enacted for the purpose of faci- litating the connection of the above described property into the North Suburban Sanitary Sewer District system and is not to be considered as an admission or waiver by the City of Fridley as to the proper legal interpretation of any agreements or contracts between the City of Fridley and the North Suburban Sanitary Sewer District. PASSED AND ADOPTED BY THE CITY OF FRIDLEY THIS 7TH DAY OF AUGUST, 1967. YOR - JACK O. KIRKHAM ATTEST: CITY CLERK - MARVIN C. BRUNSELL