250039 ORIGINAL TO CITY CLBRK . �s • ��V{} ��
. CITY OF ST. PAUL FoENCi� NO.
' OFFICE OF THE CITY CLERK
• UNCIL RESOWTION—GENERAL FORM�
PRESENTED BY.
COMMISSIONE ATF
RESOLVED, Tha'� the proper C�ity officers are he�eby a,utharized.
and dtrected to exeGUte, on behaif of the City of 5aint Paul, joint
and mutual exercfise o� �wwer agreement between the MetropvTitan Cour�cil,
the Metropol�Itan Sewer Board, a:nd the Ctty, said agreement retating to
the payment by the City to �.he Sewer Board of the City's share of cost
of operation of this sewer and for tr,ansfer�ng certa�n bor�d proceeds
from the City to the Searer Baard as more particularly set forth �n said
agreement,, a copy of which is attached hereto.
�i����0
a
�� j oC ��
O�Q
AUG 12 1970
COUNCILMEN Adopted by the Council 19—
Yeas Nays
�--- ��� � 2 ����
Caxlson � ve� 19�
Levine
Tn Favor
Meredith
Sprafka � Mayor
�Against
Tedesco PUBLISHED AU G 1 �970
Mr. President, McCarty � �
��
. i
. ••
�
' � ��° ° �
y
AGREEMENT
This Agreement, made and entered into by and among the Metropolitan Council
(hereinafter called the Council) , the Metropolitan Sewer Board (hereinafter called
the Board) , and the City of Saint Paul (hereinafter called St. Paul) ;
WITNESSETH THAT, in the joint and mutual exercise of their powers and in
consideration of the mutual covenants herein contained, the parties hereto recite
and agree as follows:
Section 1. Recitals.
1.01. Council & Board Action. Minnesota Laws 1969, Chapter 449, Section 5,
Subd. 3, terminates the corporate existence of the Minneapolis-St. Paul Sanitary
District effective January 1, 1971, and on that date or an earlier date determined
by the Board and approved by the Council pursuant to Section 5, Subd. 2, the Board
may require the Minneapolis-St. Paul Sanitary District (Sanitary District) to
transfer and assign to the Board all of its property, contracts, rights, obligations
and employees. By its Resolution No. 70-65 the Board determined to assume the
property, contracts, rights, obligations and employees of the Minneapolis-St. Paul
Sanitary District as of August l, 1970. This resolution was approved by the Council
by its Resolution No. 70-24.
1.02. Sanitary District 1970 Budget. On or before July 1, 1969 the Sanitary
District approved and submitted to St. Paul a budget showing estimated costs of
construction, operation and maintenance to be incurred by the Sanitary District in
calendar 1970. St. Paul is obligated to provide moneys for the payment of that
portion of such costs which is allocable to it in accordance with Minnesota
Statutes, Section 445.17.
1.03, Existing Contracts. St. Paul has contracted to provide sewage service
to several adjacent municipalities through its own collection system and the facil-
ities of the Sanitary District, and the municipalities have agreed to pay costs
incurred by St. Paul in providing such service, including costs incurred for the
use of Sanitary District facilities. Such contracts shall remain in full force and
effect until January 1, 1971, at which time they are terminated by Chapter 449,
Section 5, Subd. 5.
Section 2. Operation of Sanitary District Facilities; Payment of Cost.
The Board will operate and maintain the facilities of the Sanitary District and
provide treatment for sewage discharged into them by Minneapolis and St. Paul and
the contracting municipalities of each. St. Paul will pay all costs incurred by
the Sanitary District or the Board from January l, 1970 through December 31,
1970, which under accepted accounting principles constitute normal, reasonable
and current costs of operation and maintenance of such facilities, and which are
allocated to it by Minnesota Statutes, Section 445.17. The Board will submit a
statement to St. Paul on the first day of each month commencing on August 1 and
ending on December 1, 1970, for 42% of the costs of operation and maintenance
which it estimates will be incurred in operating the Sanitary District facilities
for that month, less any excess or plus any deficiency in previous payments by
St. Paul, on the form currently used for this purpose by the Sanitary District, a
copy of which is attached hereto and marked Exhibit A. St. Paul will pay the
amount due as shown on the statement to the Board within ten days after receipt �
of the statement. On or before March 1, 197T, the Board will submit to St. Paul,
in a form similar to previous Sanitary District annual financial reports, the
Board's determination in accordance with Section 445.17 of the amount of the costs
of operation and maintenance of the Sanitary District facilities in 1970 allocable
-2-
r . •
. ' . " •
to Minneagolis and to St. Paul on the Uasis of the measured volume of sewage
contributed by each during that year, and will remit to St. Paul the amount of any
excess costs collected from it by the Sanitary District or the Board for payment
of such operation and maintenanee costs. If the total amount previously paid by
St. Faul to the Sanitary District and the Board for costs of operation and main-
tenance of the Sanitary District facilities in 1970 is less than the amount
allocable to it in accordance with Section 445.17, St. Paul shall pay to the Board
on or before April 1, 1971 an amount equal to the difference between its share and
the amount previously paid by it. The Board will include in its annual budget for
1971 and each year thereafter the costs of operation and maintenance of the Sanitary
District facilities and of all other metropolitan disposal facilities transferred
to it by or pursuant to Chapter 449, and will allocate such costs to St. Paul and
other iocal government units in the metropolitan area in accordance with Chapter 449.
Section 3. St. Paul Bonds.
3.01. Bonds Issued; Proceeds. St. Paul has issucd the general obligation
bonds described in the list �ohich is attached hereto and marlced Exhibit B, to pro-
vide funds to meet budget requirements of the Sanitary District, and has levied ad
valorem taxes �on all taxable property within its corporate limits for their payment.
As of August 14, 1970 St. Paul will have on hand tlie sum of $3,231,876. 78 trom the
proceeds of such bonds not yet transferred to the Sanitary DistricY., and St. Paul
• agrees to transfer such proceeds to the Board on August 14, 1970.
• 3.02. St. Paul's Obligation. St. Paul agrees to pay all principal and
� interest due and payable on or between August l, 1970 and December 31, 1970, inclusive,
on all outstanding bonds of the issues described in �xhibit B. The principal amount
so paid shall be included in the construction cost of the Sanitary District facilities
paid by St. Paul, for the purpose ot computing the current value of such facilities
to be credited to St. Paul pursuant to Chapter 449, Section 5, Suba. 4.
� -3-
, � , .
,
3.03. Sewer Board's Obligation. The Board will pay and assume all principal
and interest due and payable on or after January 1, 1971 on all remaining outstanding
bonds of the issues described in Exhibit B, and will allocate to St. Paul and the
other local government units in the metropolitan area in its budget each year, in
accordance with Chapter 449, amounts sufficient to pay such debt service. The Board
agrees to transfer to the Council on or before September 30, 1970, such amount of
the bond proceeds transferred to it by St. Paul as will be sufficient to meet all
principal and interest coming due on said bonds from January l, 1971 to January l,
1972, inclusive, for deposit in the Council Sewer Bond Fund, and to credit the
balance to pay costs of acquisition and betterment of facilities contracted for by
the Sanitary District. The Board further agrees to use other moneys on hand in
its Construction Fund to pay all such costs in excess of the moneys made available
therefor by Minneapolis and St. Paul.
3.04. Council's Obligation. The Council will pay all principal and interest
coming due on or after January l, 1971 on the bonds described in Exhibit B from the
Council Sewer Bond Fund established and governed by its Resolutions No. 70-6 and
No. 70-22, and will require the Board to provide moneys therein from budget pay-
ments by local government units on or before October 1 each year sufficient to meet
all principal and interest coming due on such bonds to and including January 1 of
the second succeeding year, and will notify the Ramsey county auditor on or before
October 10 each year to cancel any taxes levied by St. Paul for that year to pay
principal and interest on said bonds for which moneys are then on hand.
-4-
,
. �
• �
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this day of , 1970.
In the presence of: Metropolitan Council
By
Chairman
And
Executive Director
'� Metropolitan Sewer Board
By �
. Chairman
And
Chief Administrator
City of Saint Paul
By
Mayor
And '
City Comptroller
Approved as ta form and And
execution: ommiss oner o u ic or s
A nd �
ss s an arpora ion ounse ty er
. -5-
' EXHIBIT A
R� UEST FOR FUNDS
. Frrnn: Minneapolis-Saint Pau1 Sanitary DisLrict
� 2400 Childs Road, St. PauJ., Minn. 55106 '
Date � �
, Minneapolis St. Paul
Total at % at %
Uperation and Maintenance Funds: . � .
operating expense •
Total operating expense to
Total operating expense to
Current operating funds required
Adjustments-- . �
Federal Grants received
Other .
Total �
I�ess funds received to date
Adjustments-- �
Prior years expendi.tures .
. Other � . �
TOTAL OP�RATION AND PIAINTENANCE FUNDS DUE ��
Capital Outlay Funds:
capital expenditures
Total capital expenditures to
Total capital expenditures to �
Capital expenditures advances required
Adjustments--
Federal Grants received .
Other � �
Total
Less funds received to date
Adjustnents-- �
Prior years expenditures
Other
TOTAL CAPITAL EXPENDITURES FUNDS DUE
Signed: -
L. W. Marsh .
� . Executive Secretary . .
- EXHIBIT B
Principal Due Principal Due
Description of Issue Date of Issue 8-1 to 12-31-70 1-1-71 & thereafte
1. $150,000 Sewage Disposal System �
Bonds, Series No. 7 September l, 1959 $ 4,000 $ 119,000
2. $296,000 Sewage Disposal System
Bonds, Series No. 8 October l, 1961 $ 5,000 $ 261,000
3. $3,315,000 Sewage DisposaZ System
Bonds, 1962, Series A August 1, 1962 $65,000 $2,925,000
4. $2,500,000 Sewage Disposal System
Bonds, Series 1964B � October 1, 1964 $70,000 $2,280,000
5. $2,500,000 Sewage Disposal System
Bonds, Series 1965C October l, 1965 $50,000 $2,350,000
6. $2,300,000 Sewage Disposal System
Bonds, Series D July l, 1966 None $2,200,000
7. $1,150,000 Sewage Disposal System
Bonds, Series 1967E October l, 1967 $30,000 $1,120,000
8. $2,490,000 Sewage Disposal System
Bonds, Series A-1968 August 1, 1968 None $2,490,000
9. $1,500,000 Sewage Disposal System
Bonds, Series B-1969 November 1, 1969 None $1,500,000