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258183 , A ORIOINAL TO CITY Cl6RK 2581�✓v CITY OF ST. PAUL F�ENC�� NO. � OFFICE OF T CITY CLERK � COU N—GENERAL FORM PRESRNTED BY RO er M. Conwa COMiMI5510NE ATG WHEREAS, IT is proposed that all of the following governmental units, to wit: City of St. Paul , County of Ramsey, Village of Maplewood, Village of 0akdale, Village of Landfall , Village of Woodbury and the Village of Lake Elmo, enter into a joint powers agreement for preparing a study and plan for Battle Creek drainage area, and be -it hereby RESOLVED, By the Council of the City of St. Paul that it hereby agrees to the terms of that joint forces agreement dated March 1 , 1972, a copy of which has been received, and be it further RESOLVED, That the proper City officials are hereby authorized and directed to execute said agreement and be it further RESOLVED, That upon receipt of certified copies of resolutions authorizing participation by the other governmental units involved in the agreement (as listed below) , the City will proceed under the terms of the aforesaid agreement to hire the consultant, Eugene A. Hickok and Associates, Inc. at a total cost not to exceed $10,000, and such costs to be paid from the P. I.R. Fund 6000 to be reimbursed by County Aid for St. Paul 's share (19.4%) of the cost and by the other participating governmental units involved according to the following rate: Ramsey County ' 8.5� Maplewood 28.5� Oakdale 19.8� Landfall 1.8� Woodbury 18.7� �ake E1mo 3•3� FORM Ep; Ass . r ti i �—n—se�j� APR 181972 COUNCILMEN Adopted by the Counci� 19_ Yeas Nays But�er APR 18 19T2 �_ F-r�.-�_•—�e_t � ro 19� Levine T*+ Favor Meredith Sprafka ✓ A gainst Tedesco Mr. President, McCarty �uBUS;�� APR 2 21972 ` �� ,. � � _ -� � _�_�.n��,��__ � ..�._ _......�-�.._.. _,.,�....__. ..W_:�.._-- . ' �"r � � � . JOINT AND COOPERATIVE AGREEMEi�7'I' 6 ,5�� • ' ' - . FOR OBTAINING AN OVERALL PLAN TO : -. CONTROL FLOODING AND THE DEVELOPMENT - " OF THE BATTLE CREEK DRAINAGE AREA Dated March 1, 1972 STATEMENT OF INTENT REGARDTNG AGREEMENT Battle Creek leaves Battle Creek Lake and flows generally westward through various communities into the City of Saint Paul and ultimately into Pigs Eye Lake and the Mississippi River. The Creek collects storm waters and, in effect, acts as a storm sewer for a large developed area and a large undeveloped area. Studies have been made by the communities involved including a study made for the City of Saint Paul by E. A. Hickock and Assoc 'iates dated August of 1971. The communities involved and parties to this agreement recognize that additional study and the development of an overall plan for the purpose of protecting Battle Creek and its surrounding areas from flood damage which may result from present development and future development are essential. The parties to this agreement realize that it is necessary that they _ cooperate in the exercise of this joint power agreement so as to solve a joint �roblem. JOZNT AND COOPERATIVE AGREEMENT The parties to this agreement are governmental units of the State of -Minnesota, all of which have lands which drain storm water into Battle Creek and all of which have power to construct, re- construct, extend and maintain storm drainage facilities. This agreement is made pursuant to the authority conferred upon the parties by Minnesota Statutes Section 471.59. PURPOSE I The .purpose of this agreement is to provide the means to contract for professional services for the purpose of investigating, -studying and developing a plan to control flooding and flood damage; within the Battle Creek watershed drainage area. ._.._. �ti .:� _..__._.� ., � _ . . ,. � .� ... 4t_tti_,: �__c' � . . , . . , , � .� �, - �' . � .. � � . � II ' The parties to this agreement shall consist of all ot the following governmental units as shall elect, through resolution of their respective governing bodies, to become parties: _ City of Saint Faul Village of Maplewood Village of Oakdale Village of Landfall Village of Woodbury Village of Lake Elmo County of Ramsey (The foregoing list is intended to include all governmental units which are presently partially or entirely within the Battle Creek watershed. ) POWERS AND DUTIES i III , The City of Saint Paul shall, as it relates to the study and development of a plan to control flood waters in the Battle Creek watershed, have the power and duty to employ a consulting engineer, on behalf of all the parties hereto, to develop a study and plan at a cost not to exceed the sum of $10, 000.00. Copies of the study and plan developed under the contract shall be given to each of the parties hereto for its own use. FINANCING : _a IV Each party shall contribute to the payment of the consulting engineer on a percentage basis of the actual amount expended not to exceed a total expenditure of $10, 000.00. The percentage to be paid is as follows : City of Saint Paul 19.4% � Village of Maplewood 28.5% Village of Oakdale 19.8% Village of Landfall 1.8% Village of Woodbury 18.7% , Village of Lake Elmo 3 .3% County of Ramsey 8.5/ 100.0% _ ,.�. ., �y> -,;.:...,__ _. . _ _ , ��"��"9' �" _ _ . - ^ , � ' • The City of Saint Paul wiil bi11 each parcY�nsultar�tf baseds ' percentage share of the actual payment to the The • resented to the City of Saint Paul. upon itemized invoices p City may bill these at intervals or may bill it aa athenCi ylofing at its discretion. The p arties hereto agree to p Y Saint Paul their proportionate Sisra °eedha dlunderstoo�d30thatyat of the date of the billing. It g no time p rior to satisfactory completion shall the consultant' s payment exceed 90% of the total contract billing. It is the intent of the parties to be bound only to th is agr eement and to no future agreement regarding �fo�m iaf arrived " construction of any physical on-site work. T e � at for allocations of costs of thisrstudy iionmentnornaonst�u tion binding as to allocations of costs �or develan developed herein. of any work which may be indicated by thereed to exclusively for The formula for allocation of costs is aglan contemplated by this the purpose of developing :the study and p joint powers agreement. overnmental units, by IN WITNESS WHEREOF the undersigned g reement to be action of their governing bodies have caused this ag executecl in accordance with the authority of Minnesota Statutes 471.59. t' Dated this lst day of March, 1972 . VILLAGE OF WOODBURY COUNTY OF RAMSEX By by Attest Attest VILLAGE OF LAKE ELMO VILLAGE OF 1"IApL��D `�,. , , - �� By _ B � � ,� , � ��,��.r� C�� - Attest Attest �� VILLAGE OF OAKDALE CITY OF ST. PAUL MAYO R : By • COMMISSIONER Attest OF PUBLIC WORKS VILLAGE OF LANDFALL �I TY CLERK By COMPTROLLER Attest � . � i o��,�,�,�.�,� 2�g1�g3 , � � CITY OF ST. PAUL �� NO. � OFRCE OF THE CITY CLERK ' • , COUNCIL RESOLUTION--GENERAL FORM CAMM�ONER R�r M• COI�i�r DATF � i MI�ItEA3, IT is propo��i thi�t a11 of ths f�itartrg �ow�ntat ' �nits, �o wits Cttp of 3t. �aul� County of Ra�s�y� Vtila� of Mapl�+o¢�, Vt l tag� of Oakdsi�, Yi i ta� of landfatl, Vi lla�,�e of 1lbodbar� and .th� Yfila�e of t,ak� Etwo. �tar ints a JotAt pow�rs ag�wept for pr�p�rinq a stwfy and plan for �ttl• Cra�ic d�ain�g� � attia, aqd ba t t h�r+eby RE�OLMEO, 8y th� Couraii ot .th� Citr of Et. faui th�t tt hsrsbq a�r�es �o .tha t�nis of that ,joint forc�s a�t�nt dat�d Marah 1. 19�r a I�oPp of �+hich ha: bN1t 1'�11I�1� .Mld b� It filRtll�r RE � YEp. That t!N 'ro�r Citp offialsis arr h�snbr authorit�d aAd di t�d to ex.cvt� ssid agrruwrnt aad b� it furthse RE � YEp, That ap�x+ ne�ipt of a�rtifi�d copt�s of r�soluttons ' aatM�rt f��q parttaip�tlon b�r th. olb�r g�v.ra�ntal w�tts faMOlwd i� t� r�•t �as 11st�d b�lar�. th� Ci t�r wt i t ot+�e�! w�rr th� t��s o . the afo�atd agr�aw�nt to ht n th� aensdltaat. �u's�r A. Hl�icok a�d Assoclat�s� inc. st • totsl cost �ot � �Nd 51�.000� aM w�bl costs to b� p�Id frow tlw �.t.R. fanA 6000 Ro b� n i�bue�s�d 6y �nt�► Atd for ft, �a�el's shar� (19•�t� of tb� �st and bY ths otMr p�t t�t p�t i nq 9o�wr�nta 1 ��i ts i mrolwd s�er�in� m th� ' !oi lail� �at�: , • i I�s�y CoMpty s,sx ' , ��.�.��,a sa,ss � O�kdat• i9��t � ��a�� f.a: rro�aa��► �a.�z ; �sk� �t�o ;.;t i � � ._.,....._. w"�-�- , � . ' APR 181� ' COUNCILMEN , Adopted by the Counci� �8— Y� xa� , APR 18 197� Butler �t�aaa � L � APP�o� �g— Levine ' � Favor Meredith Sprafka � ��r AgainBt Tedesco ' Mr. Preaident, MeCarty i �� i �