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01-204Council File # 0 � � a.0 � Green Sheet � to �gy �{, =.'i:: Presented By Referred To 1 2 3 4 5 6 7 8 9 10 11 12 13 14 c RESOLUTION SAINT PAUL, MINNESOTA Committee: Date a� WFIEREAS, Saint Paul City Charter § 15.0� provides that there shall be a board of water commissioners (the "Boazd") that may be composed of seven (7) members. Three (3) shall be City Council Members, two (2) shail be resident citizens of Saint Paul who hold no other city office or city employment, one (1) shall be a resident citizen of a suburb served by the boazd's water system, and the seventh (7"') member may be appointed as provided for in water extension agreements with suburban Saint Paul cities; and WHEREAS, the Boazd has entered into a water extension agreement with the suburban City of West Saint Paul (the "West Saint Paul AgreemenP'); and WHEREAS, the Board has approved the West Saint Paul Agreement and presented the same to the Saint Paul City Council for its review and approval; now, therefore, be it RESOLVED, that the West Saint Paul Agreement is hereby approved and the proper officials aze authorized to execute the same. � ��,�,�m��,�„��,.,,.,�.o�„�,.,�,w,� Requested by Department of: Saint Paul ReQional Water Services B �� ,�,,.�,e�z_ �. 1 � General Ma ager �� Form Approved by City Attorne $Y: ��.� a.23.o� By: Apps By: Approved Mayor for Submission to Council B : . �7�(.f (�(��i�� Adopted by Council : Date M.�� a O C� Adoption Certified by Council Secretary ,�"' � �r � Saint Paul Regional Water iMAGT PERSON & PIiONE onre wmn�n oz/zo/oi GREEN SHEET � �,r�� No102�G4 Bernie R. Bullert — 66274 IST BE ON COUNpL AGENDA BY @4'f� Februarv 28. 2001 TOTAL � OF SIGNATURE PAGES 1 �,.,.�,�(. � a.a3 6r❑�,�_ ❑wwiw�aECxcesow. ❑w�ucw.aom�ccrc �WVORI�IIiiffAMn� � (CLIP ALL LOCATI�NS FOR SIGNATURE) Approval o£ Council Resolution providing for an Omnibus Agreement Pertaining to Transfer of West Saint Paul's Water System to the Board of Water Commissioners. The Board has approved said Agreement by Resolution No. 4756. Also attached is the City of West St. Paul Ordinance No. 00-43 approving the sale. PIANNING COMMISSION CIB COMMITTEE CIVIL SERVICE CAMMISSION i50NAL5fRVICE CONTRACTS MUSTANSWER THF FOLLOWING Q Has thic perso�rm ewer Norked under a contract for this departmenC� YES PIO Has this peraa�rm ever been a city emqoyce9 vES rio ooes mis oeisonRrm a�ss a sla�� not norma�bo��sed br �r currern city empwyee� YES NO Is this peisoMnn a tarpeted �eiMoR YES NO The City of West St. Paul and the Board of Water Commissioners have agreed,that the"Board will acquire, maintain and operate the West St-. Paul water syste"." West St. Paul rate payers will receive rate parity with City of Saint Paul customers i� the year 2005. Increase the competitive advantage of the Board of Water Commissioners. • i � � �� VI�d A�'T�� A COST/REVQ7UE BUDfiETED (CIRCLE ONh7 YES NO SOURCE INFORMA710N (FJ�IINN) ACTNITY NUMBER ��Qui�i�`'. �.`c^�"dP �� $�� - BOARD OF WATER COMMISSI0NER5 RESOLUTiON — GEfJEitAL f-0RM PRESEMED Br Carclinal COMMISSIONER - o��s��{ No 4756 pqrc Febri 3 _ O(ll WHEREAS, The Boazd and City of VJest St. Paul did enter into an agreement on February 13,1995 which continued retail water sen+ice to the residents of West St Paul; and WHEREAS, The Boazd and City of West St. Paul did enter into a Memorandum of Understanding on December 15, 1997 whereby the parties agreed to pursue an Omnibus Agreement that wouid result in Board ownership of West St. Paul's water system on or before 7une 15, 1999; and WHEREAS, The Board and City of West St. Paul did agree to amend the Memorandum of Understanding dated December 15,1997 changing the termination date from June 15,1999 to May, 2001; and WHEREAS, The staffs of both parties have pursued possible agreement language where water rates charged to West St. Paul customers would equal those chazged to Saint Paul customers; where West St. Paul would have the potential opportunity for Boazd representation and where the Boazd would own and operate West St. Paul's water system; and WHEREAS, T'he staff of West St. Paul and the Boazd have met and reached agreement on appropriate language that will equalize water rates charged in West St. Paui and Saint Paul; will result in the opportunity for West St. Paul to potentially have Board representation; will result in the conveyance of title to the Board of West St. Paul's water system and will establish mutually acceptable language regarding other pertinent subj ects pertaining to ownership and operation of West St. Paul's water system by the Board and thereby, staff does recommend the Boazd approve said attached agreement; now, therefore, be it RESOLVED, That the Board does concur with the staff recommendation and does hereby authorize and direct the proper officers of the Boazd to execute said Agreement on behalf of the Board; and, be it FURTAER RESOLVED, That the Board does hereby request that the Saint Paul City Council concur in said Board Agreement approval. Water Commissioners Yeas Anfang Nays Cardinal Vice President Haselmann President Reiter Adopted by the Board of Water Commissioners In favor 4 Oppose� � Februarv 13, pt,}c 2001 � �� _ � /._- �� C� � l �l3erb Rf SOLI TVbtaft_rcpurt ��pd o t _�.o �{ On Motion of Clpn. Meisinger Seconded by Clpn. Whebbe ORDINANCE NO. 00-43 AN ORDINANCE RELATING TO TI� SALE OF THE WATER UTILITY The Ciry Council of West St. Paul does ordain: SECTION 1. Purpose. WHEREAS, the Board of Water Commissioners ("Board") currenfly operates the water urility For the City of West St. Paul ("City"); and WHEREAS, the Board has offered to buy the City's water utility in exchange for providing reduced rates to the City; and WHEREAS, the Board and City have negotiated the terms of the transaction which have been reduced to a written agreement ("Agreement"); and WHEREAS, Pursuant to Charter secrion 11.05, the full terms of the sale shall be embodied in an ordinance. NOW THEREFORE, the full terms of the sale are as follows: 1. The City is selling the water utility to the Boazd, execution of the Agreement by the designated officials 2. The City will have the opportunity to have a effective January i, 2001, or upon , whichever occurs later. member on the Board of Water Commissioners. 3. The City grants the Board permission to construct, operate, maintain, repair and replace water mains within the streets and rights of way in the City. 4. The Boazd is solely responsible for ail costs associated with the construction of any water mains which extend to municipalities located beyond the corporate limits of West St. Paul. 5. The Board will assume the maintenance and repair of all existing water mains, fire hydrants, service connections, tanks and appurtenances, including street repair and turf maintenance on water service related properry, which is presently owned by the City. 6. The Board will reduce the water rates for the City's residents on a schedule such that by 2005, the City will pay rates equal to the City of St. Paul's rates. 7. The City will grant fee title to the Board for the real estate on which the water system appurtenances aTe located, with the exception of the streets or rights of way. 8. The Board will not cease to operate or sell its interest in the City's water utiliry operations without the written consent of the City. 9. 23ew applications for water service connections shall be made to and through the Board, consistent with the requirements of the City of St. Paul. o � -�`t 10. 11 12. The Board will enter into a site lease agreement with the City for the antennas located on the water tower located on Marie Avenue, east of Robert Street. The Board will fiunish water meters to the City's customers and have responsibility for reading, billing and collecting on accounts. The Board shall provide an adequate quantity of water to the City and its customers, and provide normal maintenance and repair to all of the facilities operated by the Board. SECTION 2. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Ayes: 7 Nays: 0 Passed this l lth day of December, 2000. /s/Michael P. Bisanz, Mayor Attest: l If /J.�1 r. T. o// O� a.��,t�) Diane K. Meissner ' Deputy City Clerk Introduced: October 9, 2000 Adopted: December 11, 2000 Published: December 17, 2000 Effecrive: December 17, 2000 r r. • •• , . ,`, �..:' . . . . ... _ . .. ,... . -:. ,� . ., . - . . .w;. ^. ,< . ;:__ .. __ 3 �� /y ��. n 1!" jJ y Y., ��t,- I. A/ • � r. TRANSFER � � -a-��{ OF WEST ST. PAUL'S WATER SYSTEM TO THE BOARD OF WATER COIVINIISSIONERS This AGREEME1�iT, made and entered into on this day of . 20_, by and between tt�e BOARD OF WATER COMIVIISSIONERS, a municipal corporation of the State of Minnesota, hereafter referred to as "Board", and the CITI' OF WEST ST. PAUL, a municipal corporation of the State of Minnesota, hereafter referred to as "West St. Paul". WITNESSETH: WHEREAS, The Boazd has been providing water services to properties located within the City of West St. Paul continuously since December 12, 1916 puisuant to the terms of retail Water Servtce agreemenis between the Boazd and West St. Paul; and WHEREAS, The Boazd and West St. Paul have executed a Memorandum of Understanding, dated December 15, 1997, and as amended May 18, 1999, by which the Boazd will provide water services to properties located within the City of West St. Paul at waxer rates that will become equal to the rates chazged to properties located within the City of Saint Pau1, West St. Paul will have a right to representarion on the Board of Water Commissioners, West St. Paul will convey title to its water facilities to the Board, and West St. Paul will permit the Boazd to maintain its water mains located within West St. Paul's streets and easements. NOW THEREFORE in consideration of the respective covenants contained herein the Boazd and West St. Paul do hereby agree as follows: N.\CLEIt[CAL�BOARDUg<emenu\W arcr_smixlWCetpwl 3000.wpd Council File # 0 � � a.0 � Green Sheet � to �gy �{, =.'i:: Presented By Referred To 1 2 3 4 5 6 7 8 9 10 11 12 13 14 c RESOLUTION SAINT PAUL, MINNESOTA Committee: Date a� WFIEREAS, Saint Paul City Charter § 15.0� provides that there shall be a board of water commissioners (the "Boazd") that may be composed of seven (7) members. Three (3) shall be City Council Members, two (2) shail be resident citizens of Saint Paul who hold no other city office or city employment, one (1) shall be a resident citizen of a suburb served by the boazd's water system, and the seventh (7"') member may be appointed as provided for in water extension agreements with suburban Saint Paul cities; and WHEREAS, the Boazd has entered into a water extension agreement with the suburban City of West Saint Paul (the "West Saint Paul AgreemenP'); and WHEREAS, the Board has approved the West Saint Paul Agreement and presented the same to the Saint Paul City Council for its review and approval; now, therefore, be it RESOLVED, that the West Saint Paul Agreement is hereby approved and the proper officials aze authorized to execute the same. � ��,�,�m��,�„��,.,,.,�.o�„�,.,�,w,� Requested by Department of: Saint Paul ReQional Water Services B �� ,�,,.�,e�z_ �. 1 � General Ma ager �� Form Approved by City Attorne $Y: ��.� a.23.o� By: Apps By: Approved Mayor for Submission to Council B : . �7�(.f (�(��i�� Adopted by Council : Date M.�� a O C� Adoption Certified by Council Secretary ,�"' � �r � Saint Paul Regional Water iMAGT PERSON & PIiONE onre wmn�n oz/zo/oi GREEN SHEET � �,r�� No102�G4 Bernie R. Bullert — 66274 IST BE ON COUNpL AGENDA BY @4'f� Februarv 28. 2001 TOTAL � OF SIGNATURE PAGES 1 �,.,.�,�(. � a.a3 6r❑�,�_ ❑wwiw�aECxcesow. ❑w�ucw.aom�ccrc �WVORI�IIiiffAMn� � (CLIP ALL LOCATI�NS FOR SIGNATURE) Approval o£ Council Resolution providing for an Omnibus Agreement Pertaining to Transfer of West Saint Paul's Water System to the Board of Water Commissioners. The Board has approved said Agreement by Resolution No. 4756. Also attached is the City of West St. Paul Ordinance No. 00-43 approving the sale. PIANNING COMMISSION CIB COMMITTEE CIVIL SERVICE CAMMISSION i50NAL5fRVICE CONTRACTS MUSTANSWER THF FOLLOWING Q Has thic perso�rm ewer Norked under a contract for this departmenC� YES PIO Has this peraa�rm ever been a city emqoyce9 vES rio ooes mis oeisonRrm a�ss a sla�� not norma�bo��sed br �r currern city empwyee� YES NO Is this peisoMnn a tarpeted �eiMoR YES NO The City of West St. Paul and the Board of Water Commissioners have agreed,that the"Board will acquire, maintain and operate the West St-. Paul water syste"." West St. Paul rate payers will receive rate parity with City of Saint Paul customers i� the year 2005. Increase the competitive advantage of the Board of Water Commissioners. • i � � �� VI�d A�'T�� A COST/REVQ7UE BUDfiETED (CIRCLE ONh7 YES NO SOURCE INFORMA710N (FJ�IINN) ACTNITY NUMBER ��Qui�i�`'. �.`c^�"dP �� $�� - BOARD OF WATER COMMISSI0NER5 RESOLUTiON — GEfJEitAL f-0RM PRESEMED Br Carclinal COMMISSIONER - o��s��{ No 4756 pqrc Febri 3 _ O(ll WHEREAS, The Boazd and City of VJest St. Paul did enter into an agreement on February 13,1995 which continued retail water sen+ice to the residents of West St Paul; and WHEREAS, The Boazd and City of West St. Paul did enter into a Memorandum of Understanding on December 15, 1997 whereby the parties agreed to pursue an Omnibus Agreement that wouid result in Board ownership of West St. Paul's water system on or before 7une 15, 1999; and WHEREAS, The Board and City of West St. Paul did agree to amend the Memorandum of Understanding dated December 15,1997 changing the termination date from June 15,1999 to May, 2001; and WHEREAS, The staffs of both parties have pursued possible agreement language where water rates charged to West St. Paul customers would equal those chazged to Saint Paul customers; where West St. Paul would have the potential opportunity for Boazd representation and where the Boazd would own and operate West St. Paul's water system; and WHEREAS, T'he staff of West St. Paul and the Boazd have met and reached agreement on appropriate language that will equalize water rates charged in West St. Paui and Saint Paul; will result in the opportunity for West St. Paul to potentially have Board representation; will result in the conveyance of title to the Board of West St. Paul's water system and will establish mutually acceptable language regarding other pertinent subj ects pertaining to ownership and operation of West St. Paul's water system by the Board and thereby, staff does recommend the Boazd approve said attached agreement; now, therefore, be it RESOLVED, That the Board does concur with the staff recommendation and does hereby authorize and direct the proper officers of the Boazd to execute said Agreement on behalf of the Board; and, be it FURTAER RESOLVED, That the Board does hereby request that the Saint Paul City Council concur in said Board Agreement approval. Water Commissioners Yeas Anfang Nays Cardinal Vice President Haselmann President Reiter Adopted by the Board of Water Commissioners In favor 4 Oppose� � Februarv 13, pt,}c 2001 � �� _ � /._- �� C� � l �l3erb Rf SOLI TVbtaft_rcpurt ��pd o t _�.o �{ On Motion of Clpn. Meisinger Seconded by Clpn. Whebbe ORDINANCE NO. 00-43 AN ORDINANCE RELATING TO TI� SALE OF THE WATER UTILITY The Ciry Council of West St. Paul does ordain: SECTION 1. Purpose. WHEREAS, the Board of Water Commissioners ("Board") currenfly operates the water urility For the City of West St. Paul ("City"); and WHEREAS, the Board has offered to buy the City's water utility in exchange for providing reduced rates to the City; and WHEREAS, the Board and City have negotiated the terms of the transaction which have been reduced to a written agreement ("Agreement"); and WHEREAS, Pursuant to Charter secrion 11.05, the full terms of the sale shall be embodied in an ordinance. NOW THEREFORE, the full terms of the sale are as follows: 1. The City is selling the water utility to the Boazd, execution of the Agreement by the designated officials 2. The City will have the opportunity to have a effective January i, 2001, or upon , whichever occurs later. member on the Board of Water Commissioners. 3. The City grants the Board permission to construct, operate, maintain, repair and replace water mains within the streets and rights of way in the City. 4. The Boazd is solely responsible for ail costs associated with the construction of any water mains which extend to municipalities located beyond the corporate limits of West St. Paul. 5. The Board will assume the maintenance and repair of all existing water mains, fire hydrants, service connections, tanks and appurtenances, including street repair and turf maintenance on water service related properry, which is presently owned by the City. 6. The Board will reduce the water rates for the City's residents on a schedule such that by 2005, the City will pay rates equal to the City of St. Paul's rates. 7. The City will grant fee title to the Board for the real estate on which the water system appurtenances aTe located, with the exception of the streets or rights of way. 8. The Board will not cease to operate or sell its interest in the City's water utiliry operations without the written consent of the City. 9. 23ew applications for water service connections shall be made to and through the Board, consistent with the requirements of the City of St. Paul. o � -�`t 10. 11 12. The Board will enter into a site lease agreement with the City for the antennas located on the water tower located on Marie Avenue, east of Robert Street. The Board will fiunish water meters to the City's customers and have responsibility for reading, billing and collecting on accounts. The Board shall provide an adequate quantity of water to the City and its customers, and provide normal maintenance and repair to all of the facilities operated by the Board. SECTION 2. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Ayes: 7 Nays: 0 Passed this l lth day of December, 2000. /s/Michael P. Bisanz, Mayor Attest: l If /J.�1 r. T. o// O� a.��,t�) Diane K. Meissner ' Deputy City Clerk Introduced: October 9, 2000 Adopted: December 11, 2000 Published: December 17, 2000 Effecrive: December 17, 2000 r r. • •• , . ,`, �..:' . . . . ... _ . .. ,... . -:. ,� . ., . - . . .w;. ^. ,< . ;:__ .. __ 3 �� /y ��. n 1!" jJ y Y., ��t,- I. A/ • � r. TRANSFER � � -a-��{ OF WEST ST. PAUL'S WATER SYSTEM TO THE BOARD OF WATER COIVINIISSIONERS This AGREEME1�iT, made and entered into on this day of . 20_, by and between tt�e BOARD OF WATER COMIVIISSIONERS, a municipal corporation of the State of Minnesota, hereafter referred to as "Board", and the CITI' OF WEST ST. PAUL, a municipal corporation of the State of Minnesota, hereafter referred to as "West St. Paul". WITNESSETH: WHEREAS, The Boazd has been providing water services to properties located within the City of West St. Paul continuously since December 12, 1916 puisuant to the terms of retail Water Servtce agreemenis between the Boazd and West St. Paul; and WHEREAS, The Boazd and West St. Paul have executed a Memorandum of Understanding, dated December 15, 1997, and as amended May 18, 1999, by which the Boazd will provide water services to properties located within the City of West St. Paul at waxer rates that will become equal to the rates chazged to properties located within the City of Saint Pau1, West St. Paul will have a right to representarion on the Board of Water Commissioners, West St. Paul will convey title to its water facilities to the Board, and West St. Paul will permit the Boazd to maintain its water mains located within West St. Paul's streets and easements. NOW THEREFORE in consideration of the respective covenants contained herein the Boazd and West St. Paul do hereby agree as follows: N.\CLEIt[CAL�BOARDUg<emenu\W arcr_smixlWCetpwl 3000.wpd Council File # 0 � � a.0 � Green Sheet � to �gy �{, =.'i:: Presented By Referred To 1 2 3 4 5 6 7 8 9 10 11 12 13 14 c RESOLUTION SAINT PAUL, MINNESOTA Committee: Date a� WFIEREAS, Saint Paul City Charter § 15.0� provides that there shall be a board of water commissioners (the "Boazd") that may be composed of seven (7) members. Three (3) shall be City Council Members, two (2) shail be resident citizens of Saint Paul who hold no other city office or city employment, one (1) shall be a resident citizen of a suburb served by the boazd's water system, and the seventh (7"') member may be appointed as provided for in water extension agreements with suburban Saint Paul cities; and WHEREAS, the Boazd has entered into a water extension agreement with the suburban City of West Saint Paul (the "West Saint Paul AgreemenP'); and WHEREAS, the Board has approved the West Saint Paul Agreement and presented the same to the Saint Paul City Council for its review and approval; now, therefore, be it RESOLVED, that the West Saint Paul Agreement is hereby approved and the proper officials aze authorized to execute the same. � ��,�,�m��,�„��,.,,.,�.o�„�,.,�,w,� Requested by Department of: Saint Paul ReQional Water Services B �� ,�,,.�,e�z_ �. 1 � General Ma ager �� Form Approved by City Attorne $Y: ��.� a.23.o� By: Apps By: Approved Mayor for Submission to Council B : . �7�(.f (�(��i�� Adopted by Council : Date M.�� a O C� Adoption Certified by Council Secretary ,�"' � �r � Saint Paul Regional Water iMAGT PERSON & PIiONE onre wmn�n oz/zo/oi GREEN SHEET � �,r�� No102�G4 Bernie R. Bullert — 66274 IST BE ON COUNpL AGENDA BY @4'f� Februarv 28. 2001 TOTAL � OF SIGNATURE PAGES 1 �,.,.�,�(. � a.a3 6r❑�,�_ ❑wwiw�aECxcesow. ❑w�ucw.aom�ccrc �WVORI�IIiiffAMn� � (CLIP ALL LOCATI�NS FOR SIGNATURE) Approval o£ Council Resolution providing for an Omnibus Agreement Pertaining to Transfer of West Saint Paul's Water System to the Board of Water Commissioners. The Board has approved said Agreement by Resolution No. 4756. Also attached is the City of West St. Paul Ordinance No. 00-43 approving the sale. PIANNING COMMISSION CIB COMMITTEE CIVIL SERVICE CAMMISSION i50NAL5fRVICE CONTRACTS MUSTANSWER THF FOLLOWING Q Has thic perso�rm ewer Norked under a contract for this departmenC� YES PIO Has this peraa�rm ever been a city emqoyce9 vES rio ooes mis oeisonRrm a�ss a sla�� not norma�bo��sed br �r currern city empwyee� YES NO Is this peisoMnn a tarpeted �eiMoR YES NO The City of West St. Paul and the Board of Water Commissioners have agreed,that the"Board will acquire, maintain and operate the West St-. Paul water syste"." West St. Paul rate payers will receive rate parity with City of Saint Paul customers i� the year 2005. Increase the competitive advantage of the Board of Water Commissioners. • i � � �� VI�d A�'T�� A COST/REVQ7UE BUDfiETED (CIRCLE ONh7 YES NO SOURCE INFORMA710N (FJ�IINN) ACTNITY NUMBER ��Qui�i�`'. �.`c^�"dP �� $�� - BOARD OF WATER COMMISSI0NER5 RESOLUTiON — GEfJEitAL f-0RM PRESEMED Br Carclinal COMMISSIONER - o��s��{ No 4756 pqrc Febri 3 _ O(ll WHEREAS, The Boazd and City of VJest St. Paul did enter into an agreement on February 13,1995 which continued retail water sen+ice to the residents of West St Paul; and WHEREAS, The Boazd and City of West St. Paul did enter into a Memorandum of Understanding on December 15, 1997 whereby the parties agreed to pursue an Omnibus Agreement that wouid result in Board ownership of West St. Paul's water system on or before 7une 15, 1999; and WHEREAS, The Board and City of West St. Paul did agree to amend the Memorandum of Understanding dated December 15,1997 changing the termination date from June 15,1999 to May, 2001; and WHEREAS, The staffs of both parties have pursued possible agreement language where water rates charged to West St. Paul customers would equal those chazged to Saint Paul customers; where West St. Paul would have the potential opportunity for Boazd representation and where the Boazd would own and operate West St. Paul's water system; and WHEREAS, T'he staff of West St. Paul and the Boazd have met and reached agreement on appropriate language that will equalize water rates charged in West St. Paui and Saint Paul; will result in the opportunity for West St. Paul to potentially have Board representation; will result in the conveyance of title to the Board of West St. Paul's water system and will establish mutually acceptable language regarding other pertinent subj ects pertaining to ownership and operation of West St. Paul's water system by the Board and thereby, staff does recommend the Boazd approve said attached agreement; now, therefore, be it RESOLVED, That the Board does concur with the staff recommendation and does hereby authorize and direct the proper officers of the Boazd to execute said Agreement on behalf of the Board; and, be it FURTAER RESOLVED, That the Board does hereby request that the Saint Paul City Council concur in said Board Agreement approval. Water Commissioners Yeas Anfang Nays Cardinal Vice President Haselmann President Reiter Adopted by the Board of Water Commissioners In favor 4 Oppose� � Februarv 13, pt,}c 2001 � �� _ � /._- �� C� � l �l3erb Rf SOLI TVbtaft_rcpurt ��pd o t _�.o �{ On Motion of Clpn. Meisinger Seconded by Clpn. Whebbe ORDINANCE NO. 00-43 AN ORDINANCE RELATING TO TI� SALE OF THE WATER UTILITY The Ciry Council of West St. Paul does ordain: SECTION 1. Purpose. WHEREAS, the Board of Water Commissioners ("Board") currenfly operates the water urility For the City of West St. Paul ("City"); and WHEREAS, the Board has offered to buy the City's water utility in exchange for providing reduced rates to the City; and WHEREAS, the Board and City have negotiated the terms of the transaction which have been reduced to a written agreement ("Agreement"); and WHEREAS, Pursuant to Charter secrion 11.05, the full terms of the sale shall be embodied in an ordinance. NOW THEREFORE, the full terms of the sale are as follows: 1. The City is selling the water utility to the Boazd, execution of the Agreement by the designated officials 2. The City will have the opportunity to have a effective January i, 2001, or upon , whichever occurs later. member on the Board of Water Commissioners. 3. The City grants the Board permission to construct, operate, maintain, repair and replace water mains within the streets and rights of way in the City. 4. The Boazd is solely responsible for ail costs associated with the construction of any water mains which extend to municipalities located beyond the corporate limits of West St. Paul. 5. The Board will assume the maintenance and repair of all existing water mains, fire hydrants, service connections, tanks and appurtenances, including street repair and turf maintenance on water service related properry, which is presently owned by the City. 6. The Board will reduce the water rates for the City's residents on a schedule such that by 2005, the City will pay rates equal to the City of St. Paul's rates. 7. The City will grant fee title to the Board for the real estate on which the water system appurtenances aTe located, with the exception of the streets or rights of way. 8. The Board will not cease to operate or sell its interest in the City's water utiliry operations without the written consent of the City. 9. 23ew applications for water service connections shall be made to and through the Board, consistent with the requirements of the City of St. Paul. o � -�`t 10. 11 12. The Board will enter into a site lease agreement with the City for the antennas located on the water tower located on Marie Avenue, east of Robert Street. The Board will fiunish water meters to the City's customers and have responsibility for reading, billing and collecting on accounts. The Board shall provide an adequate quantity of water to the City and its customers, and provide normal maintenance and repair to all of the facilities operated by the Board. SECTION 2. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Ayes: 7 Nays: 0 Passed this l lth day of December, 2000. /s/Michael P. Bisanz, Mayor Attest: l If /J.�1 r. T. o// O� a.��,t�) Diane K. Meissner ' Deputy City Clerk Introduced: October 9, 2000 Adopted: December 11, 2000 Published: December 17, 2000 Effecrive: December 17, 2000 r r. • •• , . ,`, �..:' . . . . ... _ . .. ,... . -:. ,� . ., . - . . .w;. ^. ,< . ;:__ .. __ 3 �� /y ��. n 1!" jJ y Y., ��t,- I. A/ • � r. TRANSFER � � -a-��{ OF WEST ST. PAUL'S WATER SYSTEM TO THE BOARD OF WATER COIVINIISSIONERS This AGREEME1�iT, made and entered into on this day of . 20_, by and between tt�e BOARD OF WATER COMIVIISSIONERS, a municipal corporation of the State of Minnesota, hereafter referred to as "Board", and the CITI' OF WEST ST. PAUL, a municipal corporation of the State of Minnesota, hereafter referred to as "West St. Paul". WITNESSETH: WHEREAS, The Boazd has been providing water services to properties located within the City of West St. Paul continuously since December 12, 1916 puisuant to the terms of retail Water Servtce agreemenis between the Boazd and West St. Paul; and WHEREAS, The Boazd and West St. Paul have executed a Memorandum of Understanding, dated December 15, 1997, and as amended May 18, 1999, by which the Boazd will provide water services to properties located within the City of West St. Paul at waxer rates that will become equal to the rates chazged to properties located within the City of Saint Pau1, West St. Paul will have a right to representarion on the Board of Water Commissioners, West St. Paul will convey title to its water facilities to the Board, and West St. Paul will permit the Boazd to maintain its water mains located within West St. Paul's streets and easements. NOW THEREFORE in consideration of the respective covenants contained herein the Boazd and West St. Paul do hereby agree as follows: N.\CLEIt[CAL�BOARDUg<emenu\W arcr_smixlWCetpwl 3000.wpd