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HomeMy WebLinkAbout1965-032 CCR Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 65 -32 RESOLUTION AUTHORIZING FILING OF DEMAND WITH CITY OF MINNEAPOLIS FOR DETERMINATION OF NEW RATES AND CHARGES FOR SEWAGE DISPOSAL SERVICE WHEREAS, this municipality has a contract with the City of Minneapolis providing for sewage disposal service, and WHEREAS, Minnesota Laws 1963, Chapter 874, Section 11, Subdivision 6 provides with reference to such contracts as follows: "All rates and charges shall be reasonable and shall be sufficient to compensate for all costs of devoting the sewage disposal plant, equipment, its collector system, and personnel to the accomplishment of the purpose of the service to be rendered but shall not include profit. When the sewer system of any municipality or any part thereof is devoted to the use of another municipality, all charges for such use shall be reasonable and shall be sufficient to compensate for all costs of such use, but shall not include profit", and WHEREAS, this municipality, in cooperation with other municipalities having sanitary sewers which directly or indirectly interconnect with the sewer system of the City of Minneapolis, has become a party to an intermunicipal joint and cooperative agreement under which the Suburban Sanitary Sewer Commission has been created to study and otherwise deal with problems related to sanitary sewage disposal rates and charges,and WHEREAS, the Suburban Sanitary Sewer Commission engaged the engineering firm of Black and Veatch of Kansas City, Missouri, to investigate rates and charges made by the City of Minneapolis against this municipality for sewage disposal service under its contract with Minneapolis, and WHEREAS, Black and Veatch have made such investigation and have reported that in their opinion the rates and charges being made by the City of Minneapolis are excessive in relation to the actual costs of service and have recommended that the members of the Suburban Sanitary Sewer Commission seek to obtain revised rates and charges from the City of Minneapolis, and WHEREAS, large -scale improvements to the Minneapolis St.Paul Sanitary District works have been undertaken and are now in the process of being constructed, and WHEREAS, such improvements would permit an increase in sewage disposal rates and charges made by Minneapolis against this municipality under the existing contract, and WHEREAS, the prospect of increased charges resulting from such sanitary district improvements makes it even more important that the sewage disposal rates and charges be confined to the actual costs of rendering sewage disposal service to this municipality; RESOLUTION NO. 65 -32 NOW THEREFORE, Be it Resolved by the Village Council of the Village of Brooklyn Center, as follows- 1. The attorney for this municipality is hereby authorized and directed to file a demand with the City of Minneapolis in substantially the following form: In the Matter of the Determination of Proper Rates and Charges by the City of Minneapolis Against the Village of Brooklyn Center for Sewage Disposal Service. TO: CITY OF MINNEAPOLIS, MINNESOTA, AND LEONARD A. JOHNSON, ITS CITY CLERK: NOTICE is hereby given that the Village of Brooklyn Center, acting pursuant to the provisions of Minnesota Laws 1963, Chapter 874, makes demand that the City of Minneapolis fix new rates and charges for services performed under the sewage disposal contract now in effect between the City of Minneapolis and the Village of Brooklyn Center. Minnesota Laws 1963, Chapter 874, Section 11, Subdivision 6 provides with reference to such contracts as follows: "All rates and charges shall be reasonable and shall be sufficient to compensate for all costs of devoting the sewage disposal plant, equipment, its collector system, and personnel to the accomplishment of the purpose of the service to be rendered but shall not include profit. When the sewer system of any municipality or any part thereof is devoted to the use of another municipality, all charges for such use shall be reasonable and shall be sufficient to compensate for all costs of such use, but shall not include profit." The Village of Brooklyn Center therefore makes further demand that the City of Minneapolis promptly call and hold a hearing for the determination of proper rates and charges under such contract in accordance with the requirements of said statute; and that notice of such hearing be given as required by Minnesota Statutes, Section 15.0418. You are further notified that the law firm of Howard, Peterson, LeFevere, Lefler and Hamilton, 2201 First National Bank Building, Minneapolis, Minnesota, and the engineering firm of Black and Veatch, 1500 Meadow Lake Parkway, Kansas City, Missouri, are authorized by the Village of Brooklyn Center to participate in this proceeding as its representatives. i RESOLUTION NO. 65 -32 BY ORDER OF THE VILLAGE COUNCIL Maclay R. Hyde Attorney of Village of Brooklyn Center, Minnesota 7100 Osseo Road Brooklyn Center, Minnesota 2. The Suburban Sanitary Sewer Commission is hereby requested to make available to this municipality its legal and engineering personnel in the prosecution of the proceeding to secure revised rates and charges by the City of Minneapolis for sewage disposal service; i.e. the law firm of Howard, Peterson, LeFevere, Lefler and Hamilton and the engineering firm of Black and Veatch; and the Suburban Sanitary Sewer Commission and its said personnel are hereby designated as representatives of this municipality in the prosecution of such proceedin March 8, 1965 Date Mayor ATTEST. fw --e�" Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Phil Cohen and upon vote being taken thereon the following voted in favor thereof: Gordon Erickson, john Leary, Phil Cohen, Howard Heck and Earl Simons and the following voted against the same: None; whereupon said resolution was declared duly passed and adopted.