RESOLUTION 08-65

Introduced by Councilor Rasmussen

A RESOLUTION AUTHORIZING CONNECTION AGREEMENT
WITH CITY OF MANCHESTER

            WHEREAS, this agreement is made and entered into this 24th day of March, 2008, by and between the City of Albert Lea, Minnesota, a municipal corporation under the laws of Minnesota and the City of Manchester, Minnesota, a municipal corporation under the laws of Minnesota:

            WHEREAS the City of Albert Lea and the City of Manchester acknowledge a concern for potential ground water contamination related to the existing substandard treatment of wastewater on an individual home basis within the corporate limits of the City of Manchester; and

            WHEREAS the City of Manchester does not have a facility, or interest in or control of, a facility to provide wastewater treatment services for sanitary wastewater generated within the city limits of the City of Manchester. At the present time Manchester does not anticipate acquisition or construction of a facility to provide wastewater treatment for the sanitary wastewater anticipated by this agreement; and

            WHEREAS the City of Manchester has examined all possibilities of treating the wastewater from Manchester and found that utilizing the City of Albert Lea Wastewater Treatment Plant is the most economically feasible solution; and

            WHEREAS the City of Albert Lea and the City of Manchester have examined the possibilities of Albert Lea providing wastewater treatment services for the City of Manchester, whereby the City of Manchester constructs a private collection system, sewage pumping station, and connects via force main to the Albert Lea sanitary sewer system; now, therefore

THE CITY OF ALBERT LEA RESOLVES:

            Sec. 1.       That this agreement is intended to set forth the following provisions for the City of Manchester to be connected to the Albert Lea sanitary sewer system:

1. All of the collection lines, lift station, and the force main connecting the City of Manchester collection system to the City of Albert Lea sanitary sewer system will be under the sole ownership and management of the City of Manchester. The City of Albert Lea will not have any responsibilities for construction, operation, maintenance, or replacement of the City of Manchester system, unless specified explicitly in a separate maintenance agreement. It is further agreed that the City of Manchester’s legal obligations end at the connection point to the City of Albert Lea’s lift station.

1. The City of Albert Lea will be responsible for accepting aerobic sewage flow, subject to the restrictions contained herein, from the City of Manchester at the connection point with the City of Albert Lea system at the proposed lift station at TH 13 and 733rd Avenue. The City of Albert Lea will be responsible for treating the wastewater flow from the City of Manchester at the City of Albert Lea Wastewater Treatment Plant (WWTP). The City of Manchester is required to abate any nuisance odor emanating from the wastewater flow up to the connection point referred to above.

1. The City of Manchester is solely responsible for the cost of design and construction of the City of Manchester’s system and to determine the manner in which said costs are to be charged back or assessed to Manchester property owners. The connection between the two (2) systems shall be a water tight connection approved by the Albert Lea City Engineer.

1. The City of Manchester, on behalf of the Manchester property owners, will be charged the same monthly flow/volume rates and basic charge as are residential and commercial customers with a 3-inch meter in the City of Albert Lea. Future adjustments in the monthly rates shall be identical with those adjustments for the City of Albert Lea residential and commercial customers. A meter installed at the Manchester lift station will be read monthly by the City of Albert Lea to determine the billable volume. The bill for these services shall be due and payable to the City of Albert Lea within 60 days of receipt by the City of Manchester. System maintenance fees may be charged if contained in a separate maintenance agreement. 

1. The City of Manchester shall pay an area user fee of $1,000.00. This fee shall be paid before connection. The City of Manchester shall determine the manner in which this cost is charged back or assessed to the Manchester property owners. All connections by buildings to the City of Manchester’s system made after the City of Manchester completes its current project hooking up the existing buildings into its new sanitary sewer system, which shall not be completed later than December 31, 2009, will be subject to a connection charge equal to the then applicable City of Albert Lea connection fee. The appropriate City of Albert Lea connection charges must be paid prior to connection.  All new connections must be approved in writing by the City of Albert Lea and the City of Manchester. The City of Albert Lea reserves the right to inspect all commercial/industrial users to insure compatibility with the City of Albert Lea wastewater treatment plant and associated permits.  All such permits shall be issued and granted pursuant to Chapter 66 of the Albert Lea City Code. The City of Albert Lea shall not, under any circumstances, approve a connection to the City of Manchester’s system by any Significant Industrial User as defined in the City Code. The City of Albert Lea reserves the right to deny a connection for any other user which would significantly change the wastestream characteristics of the Manchester discharge.  Except as otherwise provided in this Agreement, the City of Albert Lea will approve any connection if such connection would be approved in the City of Albert Lea and the connection would not violate the terms of this Agreement.

1. The total maximum allowable flow from the City of Manchester to the City of Albert Lea sanitary sewer system is listed below. This is based on the following information:

1. The City of Albert Lea shall under no circumstances allow and shall take such actions as are necessary by ordinance or otherwise to prohibit, its collection system from receiving wastewater discharges in excess of the maximum allowable limits as stated in this Agreement, unless the City of Albert Lea expressly agrees otherwise in writing. The City of Manchester agrees to voluntarily, or at the request of the City of Albert Lea, take such actions as are necessary, including suspension, restriction or termination of sewer service, to prohibit any user of the City of Manchester sewer system from exceeding the above discharge parameters. The City of Albert Lea reserves the right to restrict the rate of flow at the point of connection from the City of Manchester to strictly conform to the parameters provided above.

1. Acknowledging that the City of Albert Lea’s Wastewater Treatment Plant has a limited capacity, the City of Albert Lea agrees to inform Manchester of any planned expansion of the conveyance or treatment facilities which serve or could serve Manchester, and to offer to include additional capacity or space for Manchester in said facilities subject to the City of Manchester participating on a proportionate basis in the cost of the expansion.

1. The City of Manchester shall not allow any user from outside its corporate limits to discharge sewage into its sewer system without the prior written approval of the City of Albert Lea.

1. The City of Manchester will develop and adopt an appropriate sewer ordinance regulating connections and the use of and discharge into the collection system. This sewer ordinance must be drafted in such a way that it requires that all flows entering the City of Albert Lea’s sanitary sewer system are in conformance with the Albert Lea sanitary sewer Code. If the City of Albert Lea amends its sanitary sewer code, the City of Manchester will have 90 days from receipt of written notice from the City of Albert Lea of such an amendment to amend its ordinance to be in compliance with the City of Albert Lea’s ordinance.

1. This agreement constitutes the entire agreement between the parties. No waiver, consent, modification, or change of terms of this agreement shall bind either party unless in writing and signed by both parties. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this agreement.

1. This agreement shall continue in effect for a period of 40 years. Thereafter, the agreement shall automatically renew in 5-year increments unless one of the parties gives notice at least 2 years before the end of the contract term, that it is their intent to terminate the agreement.

1. This agreement will otherwise terminate if the City of Manchester collection system project does not proceed or if the connection agreement is not approved and fully executed by the City of Manchester, on behalf of the Manchester property owners, and the City of Albert Lea, by December 31, 2008, unless said date is extended by written agreement of both parties.

1. Should any of the provisions of this agreement found herein be violated one of the following shall apply:

1. The parties of this agreement shall be made aware of the violation and violation shall be immediately corrected. Said notice of violation shall be made in writing.

1. Any such violation shall be corrected within 90 days of receipt of the written notice of violation. However, if the violating party believes that the violation cannot be reasonably corrected in said 90 day period, the violating party shall, within 45 days of receipt of the written notice of violation, provide a reasonable written plan of correction to the other party describing how and when the violation will be corrected. In order to be allowed to repair such violation after the 90 day period, the non-violating party must consent. Such consent shall not be unreasonably withheld. The non-violating party must give its consent or denial to extend the remedy period beyond 90 days within 15 days of receipt of the violating party’s plan. If the non-violating party does not consent, it shall explain in writing why said plan is not reasonable. 

1. If Manchester does not correct a violation in accordance with the terms of this agreement, the City of Albert Lea shall have the right to make such corrections. The cost of making any such correction by the City of Albert Lea shall be paid immediately by the City of Manchester upon receipt of the bill.

1. At the termination of the contract the cost for abandonment shall be borne by the City of Manchester.  Said cost of abandonment relates only to the proper abandonment of the infrastructure owned by Manchester including the forcemain, lift station and any other such property owned by Manchester which is part of this Agreement. 

1. Each party shall indemnify, defend, and hold harmless the other party and its officials, agents and employees from any loss, claim, liability, expense (including reasonable attorneys’ fees and expenses of litigation) arising from, or based in whole or in any part, on any negligence or omission by that party’s employees, agents, or contractors. Under no circumstances, however, shall either party be required to pay on behalf of itself and the other party, any amounts in excess of limits on liability established in Minnesota Statutes Chapter 466 applicable to any one party. The limits of liability for both parties shall not be added together to determine the maximum amount of liability for either party to any third party. 

            Sec. 2.       That reading of this resolution is waived by council consent.

            Sec. 3.       That publication of this resolution shall be dispensed with under provisions of Section 3.08 of the Charter of the City of Albert Lea.

That the motion for the adoption of the foregoing resolution was duly seconded by Councilor Severtson, and upon a vote being taken thereon, the following voted in favor thereof: Councilors Rasmussen, Baker, Olson, Severtson, Brooks and Mayor Erdman.  Absent Councilor Marin.

And the following voted against the same:  None.

Introduced, read and passed March 24, 2008/

__/s/________________________________
Mayor Randall Erdman

Filed and attested March 25, 2008.

     /s/                                                                  
Secretary of the Council