HomeMy WebLinkAbout5 - Mdewakanton Amended Sewer Agreement
AGENDA NUMBER:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
BACKGROUND:
DISCUSSION:
RECOMMENDATION:
5
BRUCE LONEY, ASSISTANT CITY ENGINEER
CONSIDER APPROVAL OF MDEWAKANTON SIOUX
AMENDMENT NO. I TO AMENDED SEWER CONSTRUCTION
AND MAINTENANCE AGREEMENT
JANUARY 2, 1990
The City of Prior Lake has entered into an
amended Agreement on October 2, 1989, with the
Mdewakanton Sioux Community for the
construction and maintenance of a sanitary
sewer facility to serve the Community's
Reservation in the City. The purpose of this
Agenda item is for the approval of Amendment
No. 1 to the amended Agreement which is in
order to state a fixed, limited time for the
amended Agreement to run.
In the amended Agreement approved on October
2, 1989, a time limit was inadvertently
omitted from this document. To comply with
the provisions of 25 U.S.C. 81 as required by
the Bureau of Indian Affairs, United States
Department of the Interior, the amended
Agreement is proposed to be amended with
Section XVII as stated in the enclosed
Amendment No. 1 Agreement. This section sets
the term of the Agreement for 99 years and
allows for an extension of that term for an
additional 99 years. The City Attorney has
reviewed and approved the Agreement.
Amendment No. 1 to the Amended Sewer
Construction and Maintenance Agreement must be
signed by all parties who approved the
previous Amended Agreement.
Staff recommends the City Council approve
Amendment No. 1 to the Amended Agreement.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
ALTERNATIVES:
ACQUIRED REQUIRED:
The alternatives are as follows:
1. Approve Amendment No. 1 to the amended
Sewer Construction and Maintenance
Agreement.
2. Deny approval for a specific reason.
3. Table this item for further discussion.
Make a motion authorizing the
Manager to sign the Amendment
Amended Sewer Construction
Agreement.
Mayor
No.
and
and City
1 to the
Maintenance
AMENDMENT NO. I TO AMENDED SEWER
CONSTRUCTION AND MAINTENANCE AGREEMENT
This Amendment No. 1 to Amended Sewer Construction
and Maintenance Agreement, provides as follows:
I. The Shakopee Mdewakanton Sioux Community (the
Community), the City of Prior Lake, Minnesota (the City),
the Metropolitan Council (the Metropolitan Council) and the
Metropolitan Waste Control Commission (the MWCC) have heretofore
entered into an Amended Sewer Construction and Maintenance
Agreement (the Amended Agreement) relating to the construction
and maintenance of sanitary sewer facilities to serve the
Community's Reservation in the City.
2. The Amended Agreement has been submitted to
the Area Director, Minneapolis Area Office, Bureau of Indian
Affairs, United States Department of the Interior for approval
as required by 25 U.S.C. 81.
3. In order to satisfy the requirements of 25
U.S.C. 81, it is necessary to amend the Amended Agreement
in order to state a fixed, limited time for the Amended Agreement
to run.
NOW, THEREFORE, in order to comply with the provisions.
of 25 U.S.C. 81, the Amended Agreement is hereby amended
in order to add the following Section XVI;
XVI. Term; Renewals. This Amended Agreement shall
be in effect for a term beginning on the Effective Date described
in Section XIII and ending on January I, 2089. At any time
within the one year period immediately preceding the scheduled
termination date hereof, the Community, by written notice
to the other parties hereto, may extend the term of this
Amended Agreement for an additional 99 years, provided that;
(a) all amounts payable by the Community hereunder
have been fully paid, and
(b) the Community is not in default in the performance
of any of its obligations hereunder.
At any time during the term hereof, this Agreement
may be terminated pursuant to mutual agreement of the parties
or pursuant to the provisions of Section VIII. Upon the
termination of this Amended Agreement, either the City or
the MWCC may disconnect the Interceptor from the Facility,
or refuse to provide service to the Facility, in accordance
with the provisions of Subsection C of Section VIII hereof.
Except as expressly amended hereby, the Amended
Agreement is hereby ratified and confirmed in all respects.
Signed:
Shakopee Mdewakanton Sioux Community,
Approved as to form:
By:
Chairman
Date
City of Prior Lake, Minnesota,
By:
Mayor
Date
lPtoved as to titj
I'J q \ ~~,
By:
City Manager
Date
Metropolitan Council,
Approved as to form:
By:
Deputy Executive Director
Date
Metropolitan Waste Control
Commission,
By:
Chairman
Date
Approved as to form:
By:
Chief Administrator
Date
-2-
I hereby approve this agreement on behalf of the
United States Department of Interior, Bureau of Indian Affairs,
pursuant to the authority delegated to me under the provisions
of 25 u.s.c. 981.
By;
Area Director, Minneapolis
Area Office, Bureau of
Indian Affairs
Date
-3-