RES 1991-33 - 0000365643
TMXXMC[q NO. 33 - 1991
TdMLUTZK BETWEEN THE CI= OF 0OLMMIX HEIMITS AM
FRIDLEY ESTAMSHIM A =0 POWERS AGP122= FOR THE
STOR14 SEWER IMPROVEMMTS ASSOCIRTED WrM THE M • 71' '17 D
• 11 52ND AVENUE FIAUXInG
WHEREAS, Columbia Heights and Fridley have entered into an agreement to
establish the Six Cities Watershed Management Organization pursuant to Minnesota
Statutes Section 473.877 on Decenber 22, 1983, and
WHEREAS, the Six Cities Watershed Management Organization Plan identified
certain joint storm water improvements within the Capital Improvement Program,
and
WHEREAS, two of these improvements were the diversion of Highland Iake water to
Clover Pond and the reduction of flooding behind the homes on 52nd Avenue, and
WHEREAS, on February 19, 1987, the two cities agreed to share equally in the
costs of these improvements and enter into a Joint Powers Agreement to
accomplish them, and
WHEREAS, it is desired to accomplish these two improvements in 1991.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY FRIDLEY that a
Joint Rowers Agreement attached as Exhibit "All is authorized to be executed by
' the City Mayor and Manager for the completion of the storm water improvements
associated with the diversion of Highland Lake to Clover Pond and the reduction
of flooding south of 52nd Avenue.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 25TH DAY OF
MARCH, 1991.
tiTrr. AM J. - MAYOR
ATTEST:
SHIRLEY A. HAAPALA - 017IY CLERIC
44
AGREEMENT, made and entered into this 25th day of March, 1991, by and between
the City of Columbia Heights, hereinafter called "Columbia Heights ", and the City
of Fridley hereinafter called "Fridley ".
WHEREAS, Columbia Heights and Fridley have entered into an agreement to establish
the Six Cities Watershed Management organization pursuant to Minnesota Statutes
Section 473.877 on December 22, 1983, and
WHEREAS, the six Cities Watershed Management organization Plan identified certain
joint storm water improvements within the Capital Improvement Program, and
WHEREAS, two of these improvements were the diversion of Highland lake water to
Clover Pond and dealing with possible methods of alleviating flooding problems
experienced by homes south of 52nd Avenue, and
WHEREAS, on February 19, 1987, the two cities agreed to share equally in the cost
of these two improvements and enter into a Joint Powers Agreement to accomplish
them, and
' WHEREAS, it is desired to acoomplish these two improvements in 1991.
NOW, THEREFORE, it is mutually agreed as follows:
I
Fridley will retain an Engineering Consultant to design the diversion structure
and flow from Highland lake to Clover Pond plus the reduction of flooding behind
the homes on 52nd Avenue. The engineers for both cities shall confer to insure
compliance with the intent of both cities. The cost of this design to be shared
equally by the cities.
II
The cities shall review the design and upon approval, the project shall be
advertised in both city's legal newspapers and constructed.
III
Upon completion of the projects in II above, the cost shall be shared equally.
The engineers for both cities shall confer and review progress periodically to
insure compliance with the intent of both cities. Before either city is liable
for any costs, both cities through their engineers or agents shall have
determined that the work is completed, and shall have obtained the respective
City Council's approval for the expenditure of the necessary funds.
Page 2 — Agreement
Prior to award of engineering contract, both City Councils shall act giving their
approval of the proposed firm and contract. Prior to seeking bids for any
construction work, both City Councils shall authorize seeking bids based on the
engineering plans and specifications. Prior to award of contract for
construction, both City Councils shall act giving their approval of the
successful bidder and contract. Should either City decide to terminate the
agreement at any time, both cities shall be obligated to share equally in all
expenditures to the point of said termination.
1I
All accounts and records kept by Fridley and Columbia Heights with respect to
any of the items mentioned in this agreement shall be subject to examination by
representatives of each City.
VI
Before this agreement shall became binding and effective, it shall be approved
by resolution by the respective City Councils of Fridley and Columbia Heights.
IN TESTE40NY WHEREOF, the parties hereto have caused this agreement to be
executed in their behalf respectively by their proper officers thereunto duly
' authorized and have caused their corporate seals to be hereunto affixed of the
day and year first above written.
In Presence of: CITY OF COI1NBIA HEIGHTS
/s/ Facsimile
Edward M. Carlson - Mayor
/s/ Faccimile
Stuart Anderson - City Manager
In Presence of:
CITY OF FRIDIEY
/s/ Faccimile
William J. Nee - Mayor
/s/ Fascimile
William W. Burns - City Manager
45