HomeMy WebLinkAbout03.19.99 Work Session Packet
CITY OF FABMINGTON - CASTLE ROCK TOM... ....
AS,H'STREE'tIPWW m PROJECT sua-COMMITTE. . .SIfE~(.l!,~,<.:
'F~nCity Hall, Council Cham.~ .' ..' .....
Wedhesday,.March 10, 1999at7:001'.m.
1.
cALtTO.ORDER
ADOPT AOEffOA
JOOO POWERS. AGREEMENT
. a. Discussion and l'{eview,,. Attachment
b;Action Steps
2.
3.
PaAM!WORK'POR COOPSttAtlVE EFF(!)R.TS,;.
. a.Di~siot1artdReview " i,
.t>. .PriDciples of Agreement - Verbal
4.
s.
FEASIBItITYSTUDY TIME FRAME
a. Di$cussion and Review
b~ "'Pro~Tim.eFrarne - Verbal,
c. Seh<<lule Next Meeting Date
6.
7.
OPEN FORUM'
ADJOURNMENT .
03/05/99 FRI 15:34 FAX 612 452 5550
CAMPBELL
141 002
JOINT POWERS AGREEMEN"r
FOR TliE PREPARATION OF A PRELIMINARY
ENGINEERING FEASIBILITY REPORT, AND POSSIBLE
CONSTRUC'I'ION AND FINANCING OF IKl?ROVEMENTS TO
ASH STREET/PHASE III OF PRAIRIE WATBR WAY AND
S't1.RROtJNDING AREAS IN THE SOUTHEAST .AREA OF THE
CITY OF FARMINGTON AND PORTIONS OF CASTLE ROCX
TOWNSHIP BETWEEN THE CITY OF FARMINGTON AND THE
TOWN OF CASTLE ROCK
THIS IS A JOINT poWEE-S AGREEMENT entered into under Minnesota Statutes ~ 471.59, by and
between the CITY OF FARMTNGTON, a Minnesota municipal corporation (IIFarmington") and [he Town of Castle
Rock ("Castle Rock") for the purpose of planning, constructing, and finlUlcing improvements to Ash Street and
surrounding areas within the City and Town, including street, sanitary and storm sewers, and related improvements.
RECTT ALS
WHEREAS, Farmington is a statutory city of the State of Minnesota and can exercise all of the powers ofa
statutory city; and
WHEREAS, Castle Rock is a town of the State of 'Minnesota and co.n exercise all of the powers of a town,
and;
WHEREAS, Fannington and Castle Rock have been actively involved in the study and review of certain
potential public improvement projects including reconstructing Ash Street, the construction of Phase m of the
Prairie Waterway, correcting or improving storm water management in the project area, providing sanitary sewer
and water service to property owners within the benefiting area.. and other related improvements; and
WHEREAS, the public improvement projects involve areas within both jurisdictions to varying de!;I'ees
and the construction of the necessary and beneficial public improvements may be best accomplished through the
cooperation of Farmington and Castle Rock by studying, financing, constructing, operating, and maintaining the
public improvement projects; and
WHEREAS, Castle Rock and Farmington are entering into this joint powers agreement to study and
provide a feasibility report addressing tt1e nnancil1g, construction, operation, and maintenance of these public
improvements in order to: (I) reduce, to the greatest practical extent, the public capital elCpenditures necessary for
the identified improvements, (2) abate pollution, (3) control excessive rates and volume of runoff; (4) improve
water quality; (5) prevent flooding and erosion from surface flows; (6) provide a reliable and safe source of drinking
water; (7) enhance the public transportation and road system serving the area; and (7) seCure all other benefits
associated with the identified potential public improvements; and
WHEREAS, Castle Rock Township and the City ofFamlington agree to jointly share in the costs of
preparing a new feasibility report with each jurisdiction agreeing to underwrite an equal share of the cost of
preparing, reviewing and developing a new project feasibility report.
AGREEMffiNTSOFTIiliPARTffiS
NOW, THEREFORE, in consideration of the mutual promises contained hel'ein, Castle Rock and
Fannington agree as follows:
Section 1. Project Description. The Project to be studied includes the reconstruction of Ash Street and the
construction of Phase ll1 of the Prairie Waterway by the parties in cooperation with Dakota County, sanitary sewer
improvements to properties in the immediate vicinity of Ash Street boLh within and outside the City as necessary,
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CAMPBELL
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stann water improvements in the drainage area within the hydrogeologic boundaries of the area. the provision of
publicly supplied drinking water to properties within the area, and other necessary or related improvements
identified as part of the preparation of the feasibility report.
Section 2. Feasibility Report. Castle Roek and Farmington shall cause to be prepared by their respective
professional engineers registered in the State of MiMesota a feasibility report for the Project. The parties lTIay
approve, reject, or require amendments or modifications to the report as appropria.te.
Scction 3. Response to Feasibility Report. After preparation of the Report, Castle Rock and Farmington
hereby agree to hold such public hearings or meetings either jointly or separately to discuss the construction and
financing of the improvements identified in the report. and iointlY may order the preparation of Plans and
Specifications or other documents prior to jointly ordering any improvements identified in the report. The execution
of this agreement between the two parties docs not commit either party at this time to eraar die stated
improvements.
Section 4. Delegation of Authority and Further Assurances. Castle Rock and Fannington hereby delegate
to their respective engineers all ofthe powers and authority available to the parties under this Joint powers
Agreement which are necessary for the engineers to carry out their obligations under this Agreement. The parties
agree that they will in good faith exCctlte the documents or take other actions as may reasonably be nece.ssary for
each party to carry out their respective obligations to cooperatively prepare the Feasibility Report.
Section 5. Feasibility Report Cost Allocation. Both parties agree to coordinate preparation of the Feasibility
Report through each jurisdiction'S engineering representatives. Both partie.s agree to share equally in the cost of
preparing an updated Feasibility Report te the east pfilEtillEll13xteRt jUI&siele by each DartY 'Davin!! its own
en!!ineering rccresentative. It is the intent of this cost allocation approach to equitably distribute the costs of
preparing the report between both jurisdictions. Ypea e9H'l~la~iaa BRe a9Bl'lfltaaee sf ~a l::lfleateEl feasibility Ref:lert
by 98th .iurisEliii~eas, a tatlll eest ae6ell.~tia& shall be pel'fenTIed ~.a sRall '8e ,,(aSeRtes t8 easA j~riset~tie8 fer
reds,,; aaEl fIRal JlB.-")Ffteftt.
Section 6. Right to Terminate. Either party may. at its sole discretion, elect to terminate this Agreement
by providing written notice of termination to the other party. Ifa party terminates this Agreement as provided in
this paragraph. the terminating party shall be obligated to reimburse the non-terminating party for any costs or
liability it may have incurred pursuant to this Agreement up to the date of the tennination notice. failure to order
the ro'ect does not sub'ect either a to reimburse an loss to the other a
Section 7. Entire Agreement. This Agreement constitutes the entire agreement among the parties and
supersedes all prior written and oral understandings.
Section 8. Amendments. Any amendment to this Agreement or waiver or modifications of its provisions
must be in writing and signed by both parties.
Section 9. Effective Date. This Agreement is effective when it lias been executed by both parties.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) shown.
CITY OF FARMINGTON
TOWN OF CASTLE ROCK
BY:
Its
BY:
Its
A TIEST:
Its
A TrEST:
Its
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