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LEGAL DEPAR'I'MENT MEMORANDUM <br /> #2003-02 <br /> January 15, 2003 <br /> TO: The Honorab Mayor and City Council Members <br /> FROM: Steve G , ity Manager , <br /> John Cou , orporation Counsel'`� ;(.. <br /> cv <br /> � <br /> RE: Maryland A enue Sewer � <br /> When the subdivision south of Maryland Avenue was developed (eventually to include <br /> WalMart east, among other users), it was the intent of the developer, JDN Development Co., to <br /> construct a sanitary sewer along the southern edge of Maryland Avenue east of the subdivision, <br /> then south on the west side of the existing McDonald's. This sewer would handle the sanitary <br /> waste from Wa1Mart (and later from the new Dairy Queen), and would be dedicated to the City to <br /> become a part of the City's sewerage system. Unfortunately, JDN constructed this sewer before <br /> obtaining the necessary easement. As a result, this sewer cannot be properly dedicated to the City <br /> and is not currently part of the City' system. This is contrary to the intent of the parties and is not <br /> in the best interest of the City, since this should be a public sewer. <br /> An ordinance has been prepared authorizing the City Manager and the Corporation <br /> Counsel to obtain the easement in which the sewer has been constructed, thereby permitting the <br /> City to own and operate it as intended. The ordinance further authorizes the use of eminent <br /> domain, if necessary, to acquire the easement. <br /> JDN has agreed to reimburse the City for the costs of obtauung the necessary easement, <br /> since that was properly a cost of the developer at the time of development. An agreement to that <br /> effect between JDN and the City has also been prepared. <br /> City staff recommends that Council approve both the ordinance authorizing acquisition of <br /> the easement and the resolution regarding the reimbursement agreement with JDN. <br />