HomeMy WebLinkAboutItem 06.fSeptember 30, 2015 0 Item No.
JOINT POWERS AGREEMENT WITH CITY OF FARMINGTON
FOR SANITARY SEWER CONSTRUCTION
October 5, 2015 City Council Meeting
Proposed Action
Staff recommends adoption of the following motion: Move to approve Joint Powers
Agreement with City of Farmington for sanitary sewer construction through the Pheasant Run
of Lakeville development.
Passage of this motion will establish Lakeville and Farmington project responsibilities and
costs associated with the trunk sanitary sewer improvements.
Overview
The Pheasant Run of Lakeville development includes the construction of trunk sanitary sewer
facilities. Lakeville and Farmington will share in the costs of the trunk sanitary sewer facilities
as they will convey sewer flow from both cities. The sanitary sewer construction is scheduled
to begin in 2015. Attached is a Joint Powers Agreement with Farmington that identifies the
project responsibilities and costs. The Farmington City Council will consider the Joint Powers
Agreement at their October 19, 2015 meeting.
Primary Issues to Consider
• What is the project financing? See attached response.
• Who will maintain the trunk sanitary sewer improvements? See attached response.
Supporting Information
• Staff analysis of primary issues
• Joint Powers Agreement
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Financial Impact: $ 71,860.50 Budgeted: Yes Source: Sanitary Sewer Trunk Fund
Related Documents Pheasant Run of Lakeville Development Contract; Joint Powers Agreement with
(CIP, ERP, etc.): Metropolitan Council
Community Values: Good Value for Public Services
Staff Analysis of Primary Issues
• What is the project financing?
Lakeville will pay the Pheasant Run of Lakeville Developer $89,271.00 for costs
associated with installing the trunk sanitary sewer facilities. The costs for oversizing
will be shared equally by Lakeville and Farmington. The costs for extending sanitary
sewer under Pilot Knob Road to serve undeveloped areas outside the Pheasant Run of
Lakeville plat will be paid by Lakeville.
Listed below is a summary of the Cities' share of the trunk sanitary sewer facilities
costs:
City of Farmington: $17,410.50
City of Lakeville: $71,860.50
Total: $89,271.00
• Who will maintain the trunk sanitary sewer improvements?
Future maintenance will be shared by Lakeville and Farmington. The Cities will enter
into a future Joint Powers Agreement (JPA) for maintenance of the trunk sanitary
sewer that will establish responsibilities and costs.
JOINT POWERS AGREEMENT
CITY OF FARMINGTON AND CITY OF LAKEVILLE
FOR SANITARY SEWER INTERCEPTOR CONSTRUCTION
THIS AGREEMENT made and entered into this day of '2015,
by and between the CITY OF FARMINGTON, a Minnesota municipal corporation (hereinafter
referred to as "Farmington" and the CITY OF LAKEVILLE, a Minnesota municipal corporation
(hereinafter referred to as "Lakeville"), with the parties collectively hereinafter referred to as the
"Cities".
WHEREAS, as a condition of plat approval for the Pheasant Run of Lakeville development
in Lakeville, KJ Walk, Inc. ("Developer") will install a sanitary sewer line through the development
pursuant to the plans and specifications approved with the Pheasant Run of Lakeville Development
Contract ("Utility"), which plans have been approved by the Metropolitan Council;
WHEREAS, the sanitary sewer line will convey sewer flow from the City of Farmington;
WHEREAS, to serve areas outside the Pheasant Run of Lakeville plat, including
Farmington, Lakeville has required the Utility to be oversized;
WHEREAS, pursuant to its subdivision ordinance, Lakeville must reimburse the Developer
for the cost of oversizing the Utility in the amount of $89,271.00;
WHEREAS, the Cities desire to enter into an agreement to establish each City's
responsibility for the cost of oversizing of the Utility;
WHEREAS, Minn. Stat. § 471.59 authorizes two or more governmental units to enter into
agreements to jointly or cooperatively exercise any power common to the contracting parties or any
similar power.
NOW, THEREFORE, the Cities agree as follow:
1. Construction. Lakeville shall require installation of the Utility by the Developer as
a condition of approval of the Pheasant Run of Lakeville plat, consistent with the approved plans
and specifications for the Utility and Lakeville City Code;
2. Payment for Oversizing. The Cities agree to share the cost for oversizing the
Utility based on the relative benefit of the oversizing as follows:
City of Lakeville: $ 71,860.50
City of Farmington: $ 17,410.50
182623v2 1
The cost allocations are further delineated in Exhibit A, attached hereto. Lakeville will pay the
Developer for oversizing the Utility pursuant to the terms of the Pheasant Run of Lakeville
Development Contract. Farmington will pay its share of the cost for oversizing the Utility to
Lakeville upon execution of this Agreement.
3. Indemnification. Each party is responsible for its own acts and omissions and the
results thereof to the extent authorized by law. Minnesota Statutes Chapter 466 and other
applicable law govern the parties' liability. To the full extent permitted by law, this Agreement
is intended to be and shall be construed as a "cooperative activity" and it is the intent of the
parties that they shall be deemed a "single governmental unit" for the purposes of liability, all as
set forth in Minnesota Statutes, Section 471.59, Subd. la (a); provided further that for purposes
of that statute, each party to this Agreement expressly declines responsibility for the acts or
omissions of the other party. In addition to the foregoing, northing herein shall be construed to
waive or limit any immunity from, or limitation on, liability available to either party, whether set
forth in Minnesota Statutes, Chapter 466 or otherwise.
4. Modification. Any alterations, variations, modifications, or waivers of the
provisions of this agreement shall only be valid when they have been reduced to writing and have
been signed by authorized representatives of the Cities.
5. Merger. This Agreement is the final expression of the agreement of the Cities and
the complete and exclusive statement of the terms agreed upon and shall supersede all prior
negotiations, understandings, or agreements. There are not representations, warranties, or
stipulations either oral or written not contained herein.
6. Severability. The provisions of this Agreement shall be deemed severable. If any
part of this Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect
the validity and enforceability of the remainder of this Agreement unless the part or parts which are
void, invalid, or otherwise unenforceable shall substantially impair the value of the entire
Agreement with respect to either city.
7. Term. This Agreement shall commence upon execution by the Cities and shall
terminate upon final acceptance of the Utility by Lakeville and Farmington.
IN WITNESS WHEREOF, the Cities hereto have caused this Agreement to be duly
executed as of the dates shown.
182623v2 2
CITY OF LAKEVILLE
Matt Little, Mayor
Charlene Friedges, City Clerk
182623v2
CITY OF FARMINGTON
AND:
182623v2
Todd Larson, Mayor
David McKnight, City Administrator
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