272610 �NHITE - CITV CLERK �r.�
PINK - FINANCE G TY OF SA I NT PA U L Council � ,�`. <r���
CANARY - DEPARTMENT
BLUE - MAVOR File �NO.
uncil Resolution
Presented B
Referred To Committee: Date
Out of Committee By Date
WHEREAS� the Board of Water Commissioners of the City of Saint Paul has� by resolution
dated February 21� 1979� approved a proposed contract between the Board and the City of
Falcon Heights providing for the furnishing of a water supply from the City of Saint Paul
water system on a retail basis� said supply to be delivered into the system owned by the
City of Falcon Heights in accordance with Board rules and regulations� and
WHEREAS� The City of Falcon Heights has executed said contract� now� therefore�
BE IT RESOLVED� That the Council of the City of Saint Paul hereby authorizes and directs
the proper officers of the City of Saint Paul to execute the proposed contract for water
service between the Board of Water Commissioners of the City of Saint Paul� Minnesota
and the City of Falcon Heights� Minnesota� a copy of said contract being attached hereto
and made a part hereof by reference.
COU[VCILMEN Requested by Department of:
Yeas Nays
Butler � �/-1 T/=
Hozza In Favor
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Levine � __ Against BY�.:G'��2�� _
Maddox ELMER A. HUSE —G NERAL MANAGER
' Showalter
Adopted ouncil: Date � 8 �9�9 Form Approved by C�y Attorney
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C �fied P� �- y Coun � retary BY
By � '�� � r
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App by Ylavor: Date Ap ro e by May for Su s n to Council
By By
�uausHEO MAR 1 ? 1979
?8��
� CITY OF ST. PAUL No._ —
, �.�,; �
' OFFICE OF THE BOARD OF WATER COMMISSIONERS ,�°. ����_ �
' RESOLUTION— GENERAL FORM
�RESENTED BY B�C�1T':C�l f�b�1L�2�i 2�'� 1979
�OMMISSIONER DATF
�ESOLVEL1 That t�e Soa�cd ot Watas Caaaissioasr� o�` tba Citp of Saint Paul doe� �pprow �
tba attach�d proposad coatYSCt bata�ean tb� Boasd �wd tba CitT oi Falcon Hai�hts� �hicb �
agraama.at pravidaa for thn furr►ishing to tb0 City of e �►ater supply fs�om ths Board�s ;
vacar �ystsm oa a rstaii basis� said supply to ba dvliv�ared into tb� distributioa� syste�a
awnad by tho City� all ia accosdaace vith Soard �culas aud segulatians� sad bo it fustbas
Rs-'S. OLV£J� That tl�a propar officoss o! t!►s Board bs sutfiotisad aad hmraby ditected to .
axacuts said contract oa bchalf of +the Board� ax►d that tbs propor officers o� the city
of Saiat Yaul be regusited to coacur iri s�scb s�cutioai of the cos�tnct.
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Water Commissioners
. Adopted by the Board of Water Commissioners
Yeas Bac.�rach Nays
Sha�n.lter Yebrus•.ry 21 19 z79
Thom�eon
f dmt Levine
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n favor Oppos�
SECY.
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CEHTIP'ICATION
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STATE OF MINNESOTA )
COUNTY OF RAMS�Y ) 8$ �
CITY OF FALCON HEIGHTS)
I, the undersigned, being the duly qualified Clerk-Ac�ninistrator
of the City of Falcon Heights, Minnesota, hereby certify that I• �
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have carefully compared the attached and foregoing extract of the i
minutes of a regular meeting of the City Council of said City held �
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December 27, 1978, with the original thereof on file in my office �
and the same is a full, true, and complete transcript therefrom.
WITIIESS, My hand officially as such Clerk Ac�ninistrator and
t�e corporate seal of the City of Falcon Heights this Sth day of �
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January, 1979• �
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'Dewan B. Barnes
Clerk Administrator �
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,` MI NUT�S �
kEGU],Aft CITY COUNCIL MEE�TIN(3 . .
' DECF:NIDER 13, 1978
Page 2
Councilmember Mcaough moved, seconded by CounciLnember Brown to author ST. PAUL
rize the Mayor and Clerk Adminietrator to aign the 20 year Water Service WATEt� CONTRACT , I
Contract with the City of St. Paul. Motion carried unanimously.
x�s�,U�oN 78-23 �soLV�rION 78-23 �
Joint Paxers Agreertnent YOU�I SER9ICE ; i
(Sponsorehip and Funding of Northwest HUBEAU A4REEM�IT ' i
Suburban Youth Ser�rice Bureau) � •
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Mayor Warkentien moved, aeconded by Councilmember Steele to adopt ��
Resolution ?8-23� authorizing t.he Mayor and Clerk Administrator to
execute the Joint Powers Agreement�for the year 1979, which funds
were budgeted Por in the amount of $2119•�• tlpon a vote being '
taken the following voted "aye" : Mayor Warkentien, Councilmembers �
Black, McGough, Steele and Brot�m and the folloWing voted "nay":
None. Motion carried.
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Mayor Warkentien moved, seconded by Councilmember Mcaough to authorize SECRETAHY
the Clerk Admintstrator to hire S'hirley Chenaweth as Secretary for the HINSNG
City of Falaon Heighta at $800.00 per month effective Deceanber 1, 1978. . �T�� CHENOWEI�
Upon a vote being taken the foll�oxing voted "�ye�': Mayor Warkentien,
Councilmembers Black, McGough snd Steele. Councilmmnber Hrown abstained.
Motion carried.
Mayor Warkentien called to order the Public Hearing for r.ezoning the 1�EZONE � :
Hermes property located at 2001 W. Iarpenteur at 8:00 p.m. �e request DON HERMES
is to rezone Yran R3, R2, and R1 to BIA to permit a commercial business HEWLETT PACKARD
to be constructed on the site. (He�wlett Packard)
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Clerk A�niniatrator Barnea read the legal notice and diepl�}red the
affidavit of publication.
CounciLaember B1ack. inPormed Council that at the Planning Commission �
of December 11, 1978 the rezoaing matter was heard at a Public Hearing �
and it was unanimously reconanended t�hat the Citq Council look favorab�y
on approving the rezoning requeat, sub�ect to the City Engineer's
opinion �hich is on file.
Fred Harvey, representing Hewlett Packa.rd� was called on to infonn Covncil
of their intent on the utilization of the property and to clarify numer- •
oue questions asked at the Platuii.ng •Coaaniseion hearing. He infozmed the
Council that out of the ?5 ear►ployees only 25 are in the office and the !
rest are in sales and are not in the office very often. They will be ( '�
training a clasa approximately 1 week out of t�he month with approximately �
1t0 studentB. �
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�e Compar�r�s intent ia to be a good aeighbor and pride thenselves in �
their facilitiee. building-�rise and also ia landscaping. i
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The reason for locating in Falcon Height,8 waa due to the free�ay systeQa
access Fred Harvey informed CounciZ. - . '
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CM OZ: Z2/19?5
Ftev. s 9/8/?5 .
��° EXPLANAT�ON OE ADMNISTRATIVE ORDERS, . �
RESC3LIJTI�NS, Pu'dD �RD��IA�ICES ,l:",����
�, .� . � �tECE � `� Ep
D3t�: February 28� 1979 FEB �' $ 1q�� � . .
MAYQR�S pfFIC� ;
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Tp:- MAYOR GEORGE LATIMER
.' Elmer A. Huset n - �/" -
gR. � Ge eral Manager 3sint Paul Water Utility
�= Execute Contract bet�aeen Ci�ty of Falcon Heights• and Board of Water Commis�sioners �
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AC'I�ION REQUESTED: � .
The Saint Pau1 City Council is rec}uested to authorize and direct the proper �
officers of the City to execute a cor�tract for water service be.tween �he City of
Falcon Heights and the Board of Water Coimnissioners of the City of Saint Paul. .
PQ�20SE AND RATIOi�iAI�E FOR THIS ACTION: � .
The City of Fa7.con Heights and the Board of Water Conomi.ssioners have entered
into a contract where the Board agrees to furnfsh. the City of F�1con Heights v
water for daa�estic� consnercial� and fire protection. The $oard of Water
Con�issioners passed Board R�solution No._ 2864 approving the contract and
�questing City Council concurrence.
ATTAC�iENTS: ' '
1. Board Resolution No. 2864
' 2. Copy of City of Falcon Aeights Resolution .
3. The proposed.City �ouncil Re�olution • •
4. . Copy of th� proposed contract .
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CONTRACT FOR WATER SERVICE I
between the
BOARD OF WATER COMMIS
SIONERS OF SAINT PAUL, MINNESOTA �
and the
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CITY OF FALCON HEIGHTS, MINNESOTA �
This contract made and entered into this day of
1978, by and between the Board of Water Commissioners of the City of Saint Paul, a i
municipal utility located in Ramsey County, Minnesota, hereiaafter called the "Board"
and the City of Falcon Heights, a municipal corporation located in Ramseq Countq,
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Minnesota, hereinafter called "Falcon Heights."
WITNESSETH:
That the said parties, ia consideration of the mutual covenants and
agreements hereinafter set forth, have agreed to and with each other as follows:
l. TERM OF CONTRACT
This contract shall be for a term of twenty years from the date
of execution hereof, unless terminated earlier as hereinafter provided. This con-
tract may be canceled by either party for cause constituting breach of this contract
or by the Board if laws are enacted by the State of Minnesota or the United States of
America which substantially and adversely affect rights, duties or obligations of the I
Board under this contract, or it may be terminated at the end of fifteen years of the i
term by written notice of such intent to terminate given by either of the parties to �
the other at any time during the fourteenth year of said term. ,
2. WATER SERVICE
A. The Board agrees to fumish the water requirements of
Falcon Heights and its residents for domes*_ic, commercial, and fire protection pur-
poses under normal static pressure in its mains at the points of connection. It is i
understood and agreed, however, that the Board undertakes to supply such water only �
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in case the pressure in its mains is sufficient to enable it to do so, and the Board � `
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assumes no responsibility for failure to supply water resulting from acts or conditions (
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beyond its control. �
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' II. The quality of water furnished to Falcon Heights shall be
the same treated water supplied by the Board to its other consumers.
C. No supplemental supply of water shall be connected to the
Falcon Hefghts water system being served by the Board without the approval of the �I
Board. "
D. Falcon Heights further agrees that the use and distribution
of water in Falcon Heights, derived from the supply furnished from the mains of the �
Board, shall at all times be governed by the rules, regulations and conditions which
the Board has heretofore adopted in the City of Saint Paul, or which it may here-
after adopt in said city from time to time for the preservation, regulation and pro-
tection of its water supply, and Falcon Heights agrees to adopt the rules, regulations
and requirements of the Board now in force or that may hereafter be adopted, in con-
nection with the use of water by it ia Falcoa Heights, and to enact such rules, regu- ,
lations and requirements into ordinances or otherwise make them legally effective and
binding, within siacty days after the eacecution of this contract, and to enact any �
amendnents thereto adopted by the Board, within thirty days after being notified of
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such adoption and to adopt suitable penalties for the violation of any thereof, and ,
to strictly enforce such rules, regulations and requirements insofar as they apply �
and are not in conflict with the provisions of this agreement.
E. It is further agreed that the Board, through its officers, I
agents and employees, shall have the same authority and jurisdictioa in the enforce- �
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ment of such rules and regulations in Falcon Heights that they have in the City of '
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Saint Paul, and Falcon Heights agrees that when complaint is made to it by any of i j
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the officers, agents or employees of the Board of a violation of the aforesaid rules,
it will take immediate and effective steps to prevent the further violation of such
rules, regulatioas and requirements, and punish the violators thereof, and that it
will make it the duty of its attorneq to prosecute any violations of such rules, regu-
lations and ordinances upon complaint being made of the violation thereof by the ;
Board or bq any of its officers, agents or employees.
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3. WATER SYSTF�I FACILITIES �
A. Falcon Heights agrees to construct or have installed at its
own expense adequate and suitable water mains aad appurtenances adequate for the dis- 1
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tribution of said water within the corporate limits of Falcon Heights in accordance
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with specifications and standards acceptable to the Water Utility. Plans of all ex- �;
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tensions to the Falcon Heights system connecting to the Board's water sup.ply shall be '
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submitted for approval by the Board before advertising for bids, the awarding of con- i
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tracts, or actual construction is begun. �
B. That said mains, appurtenances, services and connections
shall be of the same kind of materials and constructed in the manner and under the same
standards, rules and regulations as are now in effect or as may hereinafter be prescribed
by the Board for similar installations or instrumentalities in the City of Saint Paul
or under standards acceptable to the Board.
C. Falcon Heights shall, by the enactment of suitable rules, �
regulations or ordinances, require that all piping, fixtures, accessories, interior or
on the premises in any manner connected to the public water system supplied by the Board,
shall be of the same materials and installed in the same manner and meet the same stan-
dards as are required for the same or similar work in the City of Saint Paul.
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� D. It is agreed that all service connections from the main
to the property line shall be installed by the Board under rules identical with those
in effect in the City of Saint Paul or as may hereafter be modified by the Board. The
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charges for such service connections shall be in accordance with the schedule of charges ' �
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established from time to time by the Board for customers outside the city limits of ;
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Saint Paul, provided, however, that Che Board shall not charge Falcon Heights customers
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more than 110X of the charges made to those in Saint Paul, or more than the lowest �
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charge made to any customer outside Saint Paul for like service. New applications for '
water service connections shall be made to and through the Board, and each applicaat �
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shall furnish the Board a certified street address established by Falcon Heights.
E. It is agreed that Falcon Reights shall make no extensions
to its distribution system beyond the corporation limits of Falcon Heights without the ;
written approval of the Board.
F. The Board, through its officers, agents and employees i
shall have the right at all times to examine, inspect and test any materials or work- ;
manship used or, to be used in connection with the waterworks system of-Falcon Heights
and supplied with water by the Board or any thereof or connections thereto, for the
purpose of determining whether or not they comply with the foregoing provisions, and
shall have the right to examine and inspect the materials and workmanship and methods
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of installation of house plumbing connecting with said waterworks system for the same
purpose. Falcon Heights shall pay the Board the actual cost of said inspection on new
water main and appurtenance installations whenever installed by others than the Board.
G. Except as hereinafter provided, the Board agrees to main-
tain and make all necessary repairs to the waterworks system of Falcon Aeights, �
supplied with water by the Board, to keep the same in proper repair and condition to
prevent anq waste of water, and Falcon Heights further agrees that the Board may make
emergency repairs to the waterworks system of Falcon Heights, and the cost of such
maintenance shall be the sole expense of the Board. The restoration of semi-permanent
or permanent street type surfaces of Falcon Heights damaged or destroyed in connec-
tion with maintenance, repair, construction or reconstruction work to be done by the
Board pursuant to the provisions of this agreement shall be done by Falcon Aeights,
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at its sole expense, and any and all expenses or costs resulting to the water supply �
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system in Falcon Heights in connection with the maintenance or repairs of public �
streets, alleys or rights-of-way due to change of grade on such streets, alleys, �
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rights-of-way or any other change resulting from action of Falcon Heights as such
changes affect mains, services and appurtenances within Falcon Heights, shall be
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borae by Falcon Heights. Falcon Heights hereby agrees that it will proceed with (
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reasonable promptness to restore semi-permanent or permanent street type sarfaces
of Falcon Heights damaged or destroyed in connection with maintenance, repair, coa-
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struction or recomstruction work done by the Board after notification by the Board
through its officers or employees that the Board has concluded its work on any given
pro3ect in a street requiring restoration of semi-permanent or permanent street type
surfaces. �
It is further agreed by and between the parties to this
agreement that where Falcon Heights constructs or contracts for the construction of
new mains, services and appurtenances to be connected to the system and supplied �
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with water by the Board pursuant to the terms, conditions and provisions of this
agreement, that the Board shall not be responsible for the maintenance or repairs to
such newly-constructed additions to the water supply system until one year from the
date the same has been placed in operation or until the Board has notified Falcoa
Heights in writing of the acceptance by it of such installation� whichever date is
earlier. .
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H. Falcon Heights does hereby grant the Board the right in
the performance of this agreement to the use of the streets, alleys or public ways
of Falcon Heights for purposes of the Board, including excavation for performing
necessary work incidental to the performance of this contract and said Falcoa Heights
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does hereby agree through its departmental agencies to� cooperate to the fullest ex-
tent in the protection of any mains, appurtenances and excavations or barricades that
may be necessary of the work performed by the Board.
I. An annual review of the Board's standards, rules and regu-
lations as they relate to Falcon Heights shall be held with representatives present
from both the City of Falcon Heights and the Saint Paul Water Utilitq. The meeting
shall be held at a time and place agreeable to both parties.
4. METERS, METEB READING AND BILLING
A. The Board shall furnish, install and retain title to all
customers' meters with full responsibility to maintenance of same in accordance with
rules and regulations in effect in Saint Paul.
B. The Board shall assume full responsibility and expense
for reading of ineters, billing and collection of accounts.
5. WATER RATES
The charges and rates to Falcon Seights shall be as follows:
Demand or Fixed Charges �
3/4" or smaller meter $ 3.05 per quarter
1" meter 5.75 per quarter
1 1/4" meter 3.00 per month
1 1/2" meter 4.56 per month
2" meter 8.52 per pionth
3" meter 23.16 per moath
4" meter 39.12 per month
6" meter � 79.80 per month
8" meter � 145.20 per month
10" meter 231.60 per month
12" meter 319.20 per month
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' Consumption Rate
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First 50,000 cu. ft. of water per month at 55C per 100 cu. ft. ��
Next 450,000 cu. ft. of water per month at 53C per 100 cu. ft. �
Al1 over 500,000 cu. ft. of water peY month at 50¢ per 100 cu. ft.
subject to ad�ustments to be made during the period of the contract in accor-
dance with the following conditions:
lb. Demand or Fixed Charges
3/4" or�smaller meters -- the charge for such shall be twenty
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(20X) percent per annum over such charge to Saint Paul consumers. �
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1" meters -- the charge for such shall be twenty (20X) percent I
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per annum over such charge to Saint Paul consumers.
Meters larger than oae inch -- the charge for such shall be
twenty (20%) percent per annum over and above the charges to Saiat Paul consumers.
lc. Consumption Rate
� Each step of the consumption rate outside the Citq of Saint
Paul shall be twenty (20X) percent over and above the rate charged to consumers in
Saint Paul.
For simplicitq in accounting, the charges and rates shall be to
the closest whole cent.
(. PROTECTION SERVICE AND HYDRANT USE .
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A. Fire Protection Service shall consist of a fire hydrant
maintenance cost of $5 per hydrant and a standby fire protectioa charge of $10 per ,
hydrant, which total charge shall be paid annually or semi-annually and shall be based
on the number of hydrants at $15 per hydrant.
The hydrant maintenance charge and the standby charge
shall each be sub3ect to adjustment sub�ect to mutual agreement, conditioned, how-
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ever, that the maintenance charge shall be no more than is charged private parties in
the City of Saint Paul and provided further that the total charge shall be no sore
thaa the mini+m1m charge to aaq outside area being furnished water on a retail basis
and into a distributioa system owned by such area. �
B. Other Authorized IIses i
Falcon Heights hereby agrees to keep strict aad conect
account of all water used for street sprinkling, street flushing, sewer maintenance
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or' related use, and to pay semi-annually therefore to the Board at the lowest step
rate in effect for Falcon Heights. ;
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7. RIGHT OF WAY '
Falcon Heights agrees to grant to the Board the free and
uninterrupted use of all public thoroughfares, alleys and utility easements as may be � I
reasonably necessary for use of the Board in construction and maintenance of water
mains and facilities within the corporate limits of Falcon Heights.
8. INDEMNIFICATION
Falcon Heights does hereby covenant and agree to indemnify
and save the Board of Water Commissioners of the City of Saint Paul, the City of �
Saint Paul, and all of their officers, agents, employees and servants, harmless from
and against any and all suits, actions, demands, claims of every kind or character,
arising out of or on account of furnishing of or failure to furnish water by the Board
to Falcon Heights or its customers or on account of any injuries or damages resulting
from or connected in any way with any break or leak in any water main, service pipe, �
connection or appurtenances owned bq Falcon Heights that may occur from the supply of
water by the Board to Falcon Heights. I
Falcon Heights further covenants and agrees to indemnify �
and save harmless the Board of Water Commissioners of Saint Paul, the City of Saiat
Paul and any or all of their officers, agents, employees and servants from any aad
all claims, demands, actions or causes of action of whatever nature or character
arising out of or by reason of execution or performance of the work provided for here-
in or permitted pursuant to the provisions of this agreement and further agrees to
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indemnify, at its sole expense, any action or pro�eeding for the purpose of any claim � I
of whatever nature arising hereunder. �
9. GUARANTEE OF SUPPLY
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The Board agrees to furnish all water requirements of �
Falcoa Heights under the terms of this contract, conditions and provisions as here- j
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in provided subject to the qualifications hereinbefore set forth. �
It is agreed by and between the parties hereto that the
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terms, provisions and conditions outlined in this agreement shall be applicable only _ ;
as between the parties hereto and shall not afford to consumers within Falcon Heights
any rights or interests hereunder.
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10. EFFECTIVE DATE OF AGREEMENT
� The date of making and entering this contract and the date �
of execution thereof shall be shown as the date when the Department of Finance of the
City of Saint Paul countersigns this agreement.
This agreement shall not be binding until the same has been
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accepted by resolution of the Board of Water Commissioners of the City of Saint Paul, i
the Council of the City of Saint Paul, and the Council of the City of Falcon Heights.
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In he presence o THE CITY�OF FALCON HEIG �S � i�
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'' By: �.?�� !
- City Clerk `
BOARD OF k'A 0 ISSION
In the presence of OF THE CI SA PA
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�� Secretary �
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APPROVED: COUNTERSIGNED THIS
`, `�n��_ v^ ,r� - day of �19 _
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Department of Finance
Approved as to form:
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Assistant Ci�y_ Attorney '
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Approved as to form and execution
this daq of ,19 �
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Assistant City Attorney
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