Title
Pertaining to Amendment No. 1 to MnDOT Agreement No. 1052612 with the State of Minnesota providing for the adjustment of certain Board facilities by State contractor in conjunction with State Project No. 6229-37 and State Project No. 6230-30.
Body
WHEREAS, the State of Minnesota, acting by and through its Commissioner of Transportation (the “State”) has let a contract for State Project No. 6229-37 and State Project No. 6230-30 located on Trunk Highway 5 (“Minnehaha Avenue”) from 0.3 mile east of Mendota Street in the City of Saint Paul to the north junction of MN 120 in the City of Maplewood; and
WHEREAS, the Board of Water Commissioners of the City of Saint Paul (the “Board”) owns and operates certain water facilities presently located within the limits of said project; and
WHEREAS, the State has determined that the construction of said project necessitates the adjustments of the Board’s water valve boxes and that Minnesota Statutes provide for this work to be accomplished as part of a state highway construction contract; and
WHEREAS, on April 24, 1987, the District Court made an interpretation of Chapter 110, Special Laws of Minnesota 1885, that the City of Saint Paul (“City”) has the obligation to reimburse the Board for all relocation costs whenever the City makes improvements to city streets; and
WHEREAS, when the State took Minnehaha Avenue from the City, the State assumed the obligation to reimburse the Board for such relocations of waterworks facilities as a result of street improvements; and
WHEREAS, at its February 14, 2023 meeting, the Board approved Agreement No. 1052612 to provide for payment by the State for relocation of facilities within the limits of the City of Saint Paul; and
WHEREAS, additional facilities have been identified within the city limits of Saint Paul beyond those covered by said agreement which necessitates an amendment to said agreement to include such facilities; and
WHEREAS, Amendment No. 1 to Agreement No. 1052...
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