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264936 WF117E� — CITV CLERK PINK — FINANCE GITY OF SAINT PAITL Council -^s (((����1 CANARY= D�jPARTMENT . F31@ N O. �+�4� /�.�■ BLUE M,�YOR � � r � ^ o cil Resolution Presented By � Referred To Committee: Date Out of Committee By Date RESOLVED, That the Council of the City of Saint Paul does hereby approve the entry into a Joint Powers Agreement between the City, Ramsey County, and the City of Ma.plewood providing for the construction of a temporary storm sewer and the equa.l division of the costs of construction and ma.intena.nce of the temporary storm sewer between the three units of government, as more fully set forth in the Agreement, a copy of which is attached hereto, and the proper City officers are authorized and directed to execute the Joint Powers Agreement on beha.lf of the City of Saint Paul. COUNCILMEIV Requested by Department of: Yeas Nays Christensen Hozza In Favor Levine . Rcedler Against BY Sylvester � Tedesco President Hunt Adopted by Council: Date � t e � Form Approved�y Ci� Attor �' 1 �� F Certified s by Co cil Secretary BY By �.� Appro Mayor: Approve y Ma Co cil By By A��lts�FO fE8 81975 /, � . '. ' ,� .�1� ' > DEPARTMEi+T OF PUBLIC WORKS ��,� ' � CITY OF ST, PAUL, MINNESOTA �'�V'����; . • �1EM0 ROUTING SLIP J r e Jr S al INITIALS CIRCULATE A s ta Ci y torney LE. R m '64 Ct al Thomas J. Kelley INFORMATION City Administrator ' NOTE AND Room 365 City Nall . RETURN Lawrence D. Cohen PER CON- � VERSAT I OtJ Mayor Room 347 City Hall S . FOR SIGNATURE REMARKS: i � ' ;' �, �,�� t... - .:� ,�, ` FROM: DATE Daniel J. Dunford, Director l�� PHONE 4z4� FORM 1009 (1/9/75) . �tTY p a� �� � R 7� � � O � ? � �9 �'��9� . - � ..�.., � � '�o �" w •.♦ CITY OF SAINT PAUL Capitat of Minnesota DEPARTMENT OF PUBLIC WORKS 234 City Hall � Court Houss 55102 DANIEI J. DUNFORD, P.E. Director January 10, 1975 The Honorable Lawrence D. Cohen Mayor of the City of Saint Paui Room 347 City Hall BUIIDING Re: Council Resolution authorizing execution of Agreement for Sewer Construction. Dear Mayor Cohen: Attached for your review is a proposed Council Resolution which would autho�ize the City to enter into an Agreement with Ramsey County and the City of Maplewood for construction of a temporary storm sewer on private property. The construction Is necessary to stop erosion due to storm water run- " off from public property abutting the area concerned. � , , The Agreement specifies that the three government u�its will share ' equally the cost of the storm sewer construction. If the attached Resolution is satisfactory to you, please approve it for submission to Council . Yours very truly, _. � Daniel J. Dunford Director of Public Works APPROVED: � Thomas J. Kel y City Administrator TJE/MJE/jm AttacFment a._- _�______ __ -_------------- _. :—._ ....�� LL =.._....-------- • -==-- . , ...: � - . � , . r ,. _ . , , . ' . .:,-~` AGREEMENT ������ �� - THIS AGREEMENT, by and between the City of Saint Paul , Minnesota, a municipal corporation, the City of Maplewood, a municipal cornoration, and Ramsey County, a political subdivisior of the State of Minnesota: !�J I TTlESS ETH: 4dHEREAS, it is considered desirable by �all oarties to this agreement to install a temporary storm sewer system upon the property described below ta alle- viate effects of erosion; and WHEREAS, pro!�erty owned by David W. French and Audrey S. French and described as follows : ' ' The East Six Hundred (E.600) feet of the North One-Half (N. z) of the Northeast Quarter (N.E. 4) of the Southeast Quarter (S.E.;) of Section Fourteen (14) , Township Twenty-eight (28) North, Range Twenty-two (22) West, except Tracts A and B, Registered Land Survey No. 47, is suffering from the effects of erosion; fJOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. The County of Ramsey will perform all survey work, including staking, necessary to establish and define the location of the temporary storm sewer system to be constructed on the French pro�erty. 2. The City of Maplewood will furnish, at the temporary storm sewer site, approximately 300 lineal feet of 24-inch corrugated-metal pipe, all of the necessary connecting bands and one 24-inch. corrugated-metal pip� apron. 3. The City of Maplewood will furnish the necessary backfill material to cover the storm sewer pipe. 4. The City of Saint ?aul will furnish, at the temporary storm sewer site, the casting, sewer block, cement, sand and aggregate necessary to construct a manhole, bituminous material to construct a spillway, and the necessary topsoil � and seed and sod to landscape the distrubed areas. 5. The County of Ramsey will provide all labor and equipment necessary to ins�al? the temporary storm sewer s.vstem. 6. The total cost of installing the temporary storm sewer system on the French property including labor, materials and equipment wiil be shared eaually by the City of Saint Paul , the City of Mapleu�ood and the County of Ramsey. 7. h9aintenance of the temporary storm sewer system will be nerformed by . Ramsey County. The maintenance costs will be shared equally by the City of Saint F�ul , the City of ��aplewoo� and the County of Ramsey. Ramsey County will bill all costs relative to the cons�ruction and maintenance of the temporary storm s�aver s;�stem. . f`T�� .�. . . .. . . . . .. . � � . � . . ' 8. The right to use and maintain the temporary storm sewer system to b��'��,� <� •` _ � ,.•�` , consLructed upon the French property by the City of Saint Paul , the City of Maplewood, and the County of Ramsey will terminate upon the completion of a storm sewer system to be built to serve the Highwood-McKnight area of Saint Paul and P�aplewood. � 9. The owners of the land uoon which the temporary storm seuier system is constructed shall retain the right to keep or remove the temporary storm se�,ver system upon termination of use of the system by the City of Saint Paul , the City of Ma�lewood, and the County of Ramsey. 10. If the temoorary storm sewer system is to be removed upon termination of its use, t�i� County of Ramsey will do the removing and the City of Saint Paul and the City of P�aplewood and the County of Ramsey shall share equally in the costs of its removal . 11. ulithin sixty (60) days after termination of the temporary storm sewer system, the owners of the French property must give notice in writing to the County of Ramsey if the temporary storm sewer system is ta be removed. Failure to give notice constitutes waiver of the right to have the system removed. 12. As against third parties, the City of Saint Paul , the City of Maplewood, and the County of Ramsey shall be jointly and severally liable and the parties to this agreement hereby waive notice provisions amongst themselves. IN 6JIT�JESS WHEREOF, the parties have hereunto affixed their signatures. CITY OF SAINT PAUL, P�INNESOTA Approved as to Form: By Its Mayor Assistant City Attorney By Its D�irector, �Department of Finance and Ma.na.gement Services Dated State of Minnesota) ss County of Ramsey ) The foregoing instrument was acknowledged before me this day of , 1374 by and Mayor and Director of Finance and Management �Services, respectively. Subscribed and sworn to before me this day of , 1974. �Votary Public, Ramsey County, Minnesota ' P�y commission expires , . . fh' �^ � . . .. . . .. , . . , '\. � 5 4 y _ -... . . , �. ' � � _ . �y.�' �- ^j •� _ - -.`�l>\�' �i, . , ,, � �y,,,,� : � '' ������, '- .'CITY- OF MAPLEWOOD, P�INNESOTA ' y' � ,� tt '��: t, a <<� ,' �..� ; .� / ' ' . � � �,(��� �L ' ' ? 8�l � %�!i'li L'7 � � � i�t�) , � �`i , � / F ; �,' f � �- r?} ! �_; , ' _�' Its Mayor % , `� ;'� ,i ;,,, , .,. i ; . B �� . c.J,� GG � ' ' '� , .' ' �, � Y -,��—c�L� ��J� �. ,� ,a � � Its City Clerk � � °_� ` � � � +�tis j' ,t Da te d�1--�.���-J=,i r�5f , State of Minnesota) ss - County of Ramsey ) The foregoing instrument was ackno!�vledged before me this 5th day of December , 1974 by Robert T. Bruton dnd Lucille E. Aurelius Mayor and ... � � City Clerk' ; . . respectively. Subscribed and sworn to efore me this ��_ � day of ,1974. �� ���/,�MnM�1�nUM,n'�/��,n�/n�/�Mn.n1�1�m1sd.�' 1,AAAAAA( . � �j 4 y A. J. H,3G�iV a � -� ,,�, P:�TARY ?t;8;{i. - P%ti:Ji�:E.iOTA � �Jotary u i c; ey County, P�i nnesota � ����� � My commi ss i on pi res /� —/s-- 7�' � '�`�'• R����Y;.r,U�iTY � � P�:yGa:r�-';;ionl�x�ir�s�ec.15.1973 � 2C�7�'J v'�f'4"�/�7G�m�C��GGI��G'"v'�b"�►�'y�'�'X� COUPJTY OF RAMSEY BY A!�proved as to Form and Execution: Chairman, Board of Ramsey County Commissioners Assistant Ramsey County A�torney By � Its County Administrator Dated State of Minnesota) ss County of Ramsey ) The foregoing instrument was acknowledged before me this day of , 1974 by and Chairman, Soard of Ramsey County Commissioners and County Administrator, respectively. Subscribed and sworn to before me this day af , 1974. Notary Public, Ramsey County, Minnesota My commission expires .