HomeMy WebLinkAbout5.B.4. Joint Powers Agreement with Scott County for CSAH 83 Improvements
S 6. L/
CITY OF SHAKOPEE CONSENT
Memorandum
TO: Mayor & City Council
Mark McNeill, City Administrator
FROM: Jeff Weyandt, Assistant City Engineer
SUBJECT: Approval of a Joint Powers Agreement for CSAH 83 Improvements
DATE: July 21,2009
INTRODUCTION:
Attached is a Joint Powers Agreement, as prepared by Scott County for CSAH 83
Improvements.
BACKGROUND:
As part of the CSAH 83 Improvements, Scott County will be extending a sanitary sewer
stub to serve undeveloped property on the west side of CSAH 83. This Joint Powers
Agreement gives the County authority to negotiate and purchase a utility easement on
behalf of the City. The City will reimburse the County for all costs associated with the
easement acquisition. 100% of the cost will be paid for from the Trunk Sanitary Sewer
Fund.
ALTERNATIVES:
1. Approve a motion authorizing the appropriate City officials to execute the Joint
Powers Agreement between the City of Shakopee and Scott County for the CSAH
83 Improvements.
2. Do not approve a motion authorize the execution of the Joint Powers Agreement.
3. Table for additional information.
RECOMMENDATION:
Staff would recommend Alternative No.1.
ACTION REOUESTED:
Approve a motion authorizing the appropriate City officials to execute the Joint Powers
Agreement between the City of Shakopee and Scott County for the CSAH 83
Improvements.
91f~
Jeff Weyandt, P.E.
Assistant City Engineer
JW/pmp
ENGR/2009-PROJECT/CSAH83-IMPROVEMENTSIWORD/lPA
CP 83-13
SAP 70-683-010
JOINT POWERS AGREEMENT
THIS AGREEMENT made and entered into this day of , 2009,
pursuant to Minn. Stat. ~ 471.59, by and between the County of Scott, (hereinafter referred to as
the "County"), and the City of Shakopee (hereinafter referred to as the "City"), bodies corporate
and politic existing under the laws of the State of Minnesota.
WITNESSETH:
WHEREAS, the County is planning to reconstruct a segment of CH 83, which includes
capacity and safety improvements for safety of the traveling public, as a four-lane county
highway under Project SAP 70-683-010; and
WHEREAS, the County must acquire the necessary right-of-way by easements or in fee
from abutting parcels for its project to reconstruct CH 83 as a four-lane county highway; and
WHEREAS, the County's project is located within the municipal boundaries of the City;
and
WHEREAS, the City is planning to construct a stub for a trunk sanitary sewer line in
conjunction with the County's project, as public improvements within its municipal boundaries;
and
WHEREAS, the location of the County's project and the City's project are adjacent; and
WHEREAS, the parcel on which right-of-way by easements or in fee must be acquired
for the reconstruction of said county highway under the County's project and for the construction
of said trunk sanitary sewer line under the City's project, are held by the same abutting property
owner; and
WHEREAS, the City has identified that additional perpetual easements for drainage and
utility purposes and temporary easements for construction purposes are necessary for its project,
which are outside of the County's project limits, to construct the stub sanitary sewer line on
parcels identified as Parcel No. 16a and Parcel No. 16b under the County's Project SAP 70-683-
010, as shown on individual parcel sketches attached hereto as Exhibit A and Exhibit B,
respectively, and
WHEREAS, the parties have entered into a Construction Cooperative Agreement in
recognition that it is efficient to coordinate the objectives of both parties to reduce cost and avoid
duplication of effort.
NOW THEREFORE, in consideration of the mutual promises and agreements contained
herein, the parties hereby agree as follows:
1. As part of the County's right-of-way acquisition for SAP 70-683-010, the County shall
acquire necessary right-of-way, by easements or in fee, including where necessary by
eminent domain proceedings, for the City to construct its trunk sanitary sewer line within
the project limits of the County's project and also to acquire said additional easements
that are required by the City, which are outside of the County's project limits, on Parcel
(1)
No. 16a and Parcel No. 16b, as shown on the attached Exhibit "A" and Exhibit "B,"
respectively.
2. The City shall reimburse the County for 1 00% of the right of way acquisition costs
associated with the City's perpetual easements for drainage and utility purposes for
construction of the stub sanitary sewer on said Parcel Nos. 16a and 16b acquired pursuant
to this Agreement and pursuant to the Construction Cooperative Agreement for Project
SAP 70-683-010 entered into by the parties.
3. The County shall assign and deliver to the City, by a recordable instrument, the City's
perpetual easements for drainage and utility purposes as shown on said Parcel Nos. 16a
and 16b after the completion of all right of way acquisition activities, including any
eminent domain proceedings and upon the City's reimbursement of right-of-way
acquisition costs as provided herein. Upon delivery and acceptance of said recordable
instrument, the City shall file it in the Office of County Recorder for Scott County,
Minnesota.
4. This agreement shall terminate on the date of filing of said recordable instrument in the
Office of County Recorder for Scott County, Minnesota and that such termination is
conditional upon the completion of all mutual promises and agreements contained herein.
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed,
intending to be bound thereby.
CITY OF SHAKOPEE COUNTY OF SCOTT
By: By:
John Schmitz, Mayor Jon Ulrich, Chair,
Scott County Board of Commissioners
Dated: , 2009 Dated: ,2009
Attested to: Attested to:
By: By:
Mark McNeill Gary L. Shelton
Shakopee City Manager Interim Scott County Administrator
Dated: , 2009 Dated: , 2009
Approved as to form: Approved as to form:
Susan K. McNellis
Attorney for the City of Shakopee Scott County Asst. County Attorney
W:\ WORD\PROJECT\CP 83-13\JP A_City Of Shakopee.Doc
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