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HomeMy WebLinkAboutResolution 5310 RESOLUTION N0. 531 A RESOLUTION REQUESTING THE -METROPOLITAN SEWER BOARD AND METROPOLITAN COUNCIL TO DECLARE A PORTION OF THE DISPOSAL SYSTEM OF THE CITY OF ORONO AS A METROPOLITAN INTERCEPTOR BE IT RESOLVED BY THE CITY OF ORONO THAT: WHEREAS, .that portion of the sewage disposal system within the City of Orono as designated on attachment "A" was designed and constructed for the purpose of serving the City of Minnetonka Beach, in addition to the portion of Orono through which it runs, and WHEREAS, the City ofAiz.m--tbnka Beach must use this sewer pipe to carry its e€went. to the Metropolitan Disposal System as the only practically and economically feasable A• route for such sewage, and WHEREAS,,the Comprehensive Sewer Plan of the City of Orono, heretofore approved by the Metropolitan Sewer Board and the Metropolitan Council, designates this sewer pipe as serving the entire City of Minnetonka Beach, and WHEREAS, the Comprehensive Sewer Plan for the City of Minnetonka Beach likewise designates this pipe as the facility to carry all the effluent from the City of Minnetonka Beach to the Metropolitan Disposal System, and WHEREAS, both comprehensive sewer plans have been approved by the Metropolitan Sewer Board and the Metropolitan Council based upon the requirement that this pipe be used for the discharge from the City of Minnetonka Beach, as more clearly stated in Resolution No. 73-266 at the Metropolitan Sewer Board, in paragraph 6, and in paragraph 6 of a letter to the City of Orono dated December 10, 1973, from Mr. Richard J. Dougherty, Chief Administrator of the Metropolitan Sewer Board, and 0 • 0 WHEREAS, the use of this sewer pipe running through the City of Orono is needed and required to complete the Metropolitan Disposal System as set forth in Resolution No. 73-266 and the correspondence described above, there being in fact no viable alternative, and WHEREAS, this sewer pipe lying within the City of Orono meets all the criteria heretofore set forth by the Metropolitan Sewer Board and the Metropolitan Council to qualify both as a Metropolitan Interceptor and to qualify for ownership by the Metropolitan Sewer Board in that it is needed to complete the Metropolitan Disposal System, the connection with the City of Minnetonka Beach has been required by the Metropolitan Sewer Board and the Metropolitan Council, it is an approved part of both sewer plans of the Cities, it is designed for use as an interceptor sewer, it is designed to serve all of a local governmental unit, and it is an existing sanitary sewer facility, and WHEREAS, this request meets all the criteria set forth in previous legal opinions submitted to the Metropolitan Council and the Metropolitan Sewer Board by its attorneys, specifically the opinion dated May 29, 1973, wherein it is stated that an interceptor qualifies for ownership as a metropolitan facility if it is designed or used by more than one municipality, and that ownership and operation is required if the sewer is needed to implement the Metropolitan Comprehensive Sewer Plan, which matters have already been determined by the Metropolitan Sewer Board and Metropolitan Council, and WHEREAS, the Metropolitan Sewer Board and the Metropolitan Council are required by statute to assume ownership of existing interceptors designed for or serving more than one local govern- ment unit which are needed to implement the Comprehensive Sewer Plan for the Metropolitan area as stated in Section 4736.02 Subd. 1 and Section 4736, 05 Subd. 1 of the Metropolitan Sewer Act, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Orono that the Metropolitan Sewer Board assume ownership and operation of the sewer lying within the City of Orono designated on attachment "A" as a Metropolitan Interceptor pursuant to the statutory provisions governing the acquisition, ownership and operation of Metropolitan Interceptors. Approved on the 4th day of March 1974, by a vote of ayes and 0 nays. r z Obert L. Searles, Mayor Attest: