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89-161 WHITE - CITV CLERK PINK - FIN4NCE � COUACIl (//� CANARV - DEPARTMENT i G I TY OF SA I NT PAU L File NO• •/��/ BLUE - MAVOR �__ ' Council Resolution ,�'='�`� a _i Presented By ___ Referred To Committee: Date ��'�/� Out of Committee By Date II WHEREAS, The Board bf Water Commissioners of the City of Saint Paul , by i�:s Resolution No. 3906',, adopted December 22, 1988, did approve an Amendment to Con�ract for Water !Service between the Board and the City of Little Canada; and WHEREAS, Said Amendment ��o Contract for Water Service provides for a new rate structure reflecting the Water Utility's lower pumping costs direcl:ly related to capital improvements made by Lit��le Canada; and L�JHEREAS, The Board' requests that the Council of the City of Saint Paul concur with Board ction and approve said Amendment to Contract for Wa�ter Service; now, therefore, be it RE:SOLVED, That �the Council of �the Ci�y of Saint Paul does hereby concur wi�:h ac;.ion taken by its Board of Waier Commissioners and does hereby approve said Amend� ent to Contract for Water Service between the Board and the City of Little Canada. II I� COUNCIL MEMBERS I Yeas Nays ' Requested by Department of: Dimond � Water Ut'i i ty �� [n Favor coswitz --� Rettman I � Against BY ' L �n;;�� T General P�anager w���� ' �A I �N7� � � ���9 Form Ap roved by City torney Adopted by Council: Date Certified Passe n '1 S cre B3' By Approve y Mavor: Date _ � ��� — j ��'�t� Approv by May for ubmi 'on to Council F�'�i��'� � ._ ! � 1.�7i�9 I , i . • - ��J/�/ i I . AMEND�IENT OF CONTPACT FOR WATER SERVICE between the BOARD OF WAT�R CO�IMISSIONERS OF SAINT PAUL, MIIv'NESOTA • � and the CITY OF LITTLE CANADA, MINNESOTA This a reement ade and entered into as of th� da of g , � Y , . , 198 , by and between the Board of Water Commissioners of , , , the City of Saint PauQ , Minnesota, hereinafter referred to as "BOABD" , . and the City of Littl�e Canada, Minnesota, hereinafter referred to as "CITY" , i . WITNESSETH: � � � WHEREAS , Board at�d City have heretofore entered into a certain agreement dated the 1�4th day of September , 1970 , .for the provision o£ water from the Board ''to City, and the parties do now wish to amend the said agreement in theifollowing manner: 1 ) That paragr�.ph numbered 1 of the agreement dated September 14 , 1970 , be and is hereby amended to read as follows : This contract shall be for the term of eighteen ( 18) years from the date of execlution hereof unless terminated earlier as hereinafter provlided. This contract may be canceled pursuant to ' Section 9 or mayibe cancelled by either party if laws are enacted by the State of �Iinnesota or the United States of America whic:� substantially ancl adversely affect rights , duties or obligations of either party iunder this contract . . In the event Citiy desires to extend the term of this contract , City shall give written notice to Board of such intent at least � � �� - � ��'� , ,/ � 12 months in advance of the expiration date hereof. In the event that agreement Gannot be reached as to terms of the contract extension, then !this agreement will be automatically extended for an additional term of ten ( 10) years and the rates to be paid by City for its wat,er requirements shall be comparable to the lowest wholesale rates ''charged by Board to any other suburban community and in effect during the extension period. 2 . That paragrlaph 2 (B) of the agreement dated September 14 , 1970 , be and is hereUy amended to read as follows : , B. The Board iill furnish water at a minimum pressure as determined by ell,evation 205 City of Saint Paul datum. The City shall provide sulpplemental pumpage to meet their required pressures . � 3 . That paragra,ph 6 of the agreement dated September 14 , 1970, be and is hereby amended to read as follows: 6 . Rates ' The rates for water sold by the Board to the City under this agreement shall �e as follows : A. Consumption' of the first one million cubic feet of water per month shall be at the rate of 100 percent ( 100%) of the consumption rate! per 100 cubic feet charged to consumers in the City of Saint Palal for the first 50,000 cubic feet, provided that the resulting ra�te shall be rounded off to the nearest tenth of a cent. 'i �I I i 2 � B. Consumptio of the next 3 1/2 million cubic feet of water per month shall be at the rate of 84 percent ( 84Y) of rate so determined in step one (paragraph A) , provided the resulting rate shall be rounded off to the nearest tenth of a cent . C. Consumptionll of all over 4 1/2 million cubic feet of water per month shall �e at the rate of 70 percent ( 70�) of the rate so determined in step one {paragraph A) , provided the resulting rate shall be rolunded off to the nearest tenth of a cent. 4 . Effective DJa.te of Amendments . The date of malci��g and entering into this amendment to the September 14 , 1970 agllreement and the date of execution thereof shall be shown as the date Iwhen the Department of Finance and Management Services of the City �of Saint Paul countersigns this agreement with �� the exception that the new rates for water sold as fixed by the terms � of the contract amendtnent shall become effective on water billings issued on and after Jl�.nuary 1 , 1986 and the City shall receive a refund for the amounts which Board determines to be the difference between the amended rlates and the rates set forth in the September 14 , 1970 agreement. This agreement shall not be binding until the same has been accepted by resolutiok� of the Board of Water Commissioners of the City � 3 � � . � li ��C.p' �... .. ��� of Saint Paul , the Cpuncil of the City of Saint Paul , and the City Council of the City pf Little Canada. Approved: BOARD OF WATER COMMISSIONERS OF THE ' CITY OF SAINT PAUL, MINNESOTA � �� v � l,J ".�� �, uy� General Manage ' Presiden �I -� Form Approved: rj ~ � Secretary i Ass ' ant C' Att r ey Department of Finance and i Management Services ! CITY OF LITTLE CANADA, MINNESOTA c i ay r . ! , ' ty Cler � �I I I I 4 , � • ' ' CITY OF ST. PAUL �, . �� /�� OFFI E OF THE BOARD OF WATER COMIviISSIONERS � RESOLUTION —GENERAL FORM No, 3';"U PRESENTED BY t'"I.+'i1' �.:asCc�iJ:•!' «�% •°,,}.• COMMISSIONER ' DATF' '�' •°�''�� �,�HEREAS, That certaip contract by� and between the Board of Water Commissioners of the City of Saint Paul and the City of Little Canada dated September 14, 19i0 provides for �:•ater to be furnishecl by the Board to Little Canada at master nieter rates according to terms and conditions of said contract; and �vHEREAS, Saici contra�t requires the Board to furnish water tu Little Canada at a miniiz��im pressur� a� deteri�iined by elevation 305 City of Saint Paul ciatwn; and t��iiEREAS, Little Canada Y,as constructed an elevated tanl: and pu��iping station hhich euaUle t12e Board to furnish �rater at a minimum pressure as dei.Hrn�ined by ele�•ation 2(?5 Cit�• pt Saint Paul datum, thereb}� reducirig the Boai�d's pumping costs; and i�rIIERE�,S, Tlie General' Pfanager, Thomas D. �togrerl, recommencis ttie rate sc��edule contained iu tlie cor3tt�act Uet��een the Boarct and the Gity o[ Little Canada Ue amended to reflect t� reduct-iun in the Board's costs �_o pro�-ide water to the Cit3- of Little Cana¢ta and saicl General tianager has �reparecl the attached M�endment to Contrac� for 4aater SNrvice, said atuendnient liat�ir�� been appro��ed b�- resolution af the Ci�y Cour,cil of Little Canada on Uecen,ber 1!+, 1988; no►a, therefcre, t�e it ', RESOLi'ED, That tl�e ai:tached Anietzdn�e�it to Coni�zc�: for t•Ia�ec� �:.r�icc bet,;eeii the Eoard of Elatei� Comnii�siot�e��s U:E a�llit: F.3111� �I1Tif1ES��l:d arid i:t�e Gitt ;.�L Lit:tle. C<inacia, Ptinii�sota is 1►erel�}� apprc��•ed and that tl�e. proper ofticers af the P�oard b�: a�,d are r�t,-�v� ai�-e�tEa to e.xecvie said Anlencln�eiit tc, CO11l:L'tZL:t fui• S�:;tter Service on behalf of �lY_h� Board; and, he it� f:urthec kESOI��ED, That said �Amendnrent t� Contract for F'aLer Service shall be suLn�itted lo �_}ie �ouncil of tli� City� oF Saint P�ul foc• rat.if icatioc�. � ter ommissioners I wa c ' Adopted by the Board of Water Commissioners Yeas Na�qs �:�=a�a1 i �;r.Ia� i De�,�f:,:�t 22 19 �;3 y:�2:z�:a�2 I �i��3 P i 3=7 i:,�:.tfi!� 3<!L•�1�3.^..{t , i��d:3�ijr3.'t: �(?:7i.d��� � 1 In favor—Z— Oppose�. � .C'.Z,-;..�-- _ ::. r✓G��'—�-�--�--. SEGY. I