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244481 ORI6INAL TO CITY CLERK � � 244 481 CITY OF ST. PAUL �OE NCIL NO. OFFICE OF THE CITY CLERK COUNCIL R L TION—GENERAL FORM PRESENTED BY COMMISSIONE DATF RESOLVED, By the Council of the City of Saint Paul, that pursuant to the provisions of Ordinance No. 13840, approved February 2'7, 1968, the proper City officers are hereby authorized and directed to execute, on behalf of said City, an agreement between the City of Saint Paul and the Town of Northdale, the Town of East Oakdale, the Town of Oakdale and the Town of Woodbury and the Northdale, East Oakdale, Oakdale and Woodbury Join.t Sanitary Sewer Board authorizing the interconnection of public sewers, a copy of such agreement being attached hereto and incorporated herein by reference; be it FUR.THER RESOLVED, That such execution by the proper Gity officers as provided aforesaid shall be subject to the require- ments of the provisions of Section 18 of said agreement. FORI,� PPROYEO , .� � Caporat�n , COUNCILMEN Adopted by the Counci� �UN 1 � j9s�9— Yeas Nays �� JUN 1 � 1969 �- � pproved 19— Meredith Tn Favor Peteraon v � Sprafk2 Mayor Tedesco A gainst M�. Pre�i�tent, Syrne ��-� PUeLISHE9 JUN 21 196� Mr. Vice Yreaident � DUPLICATE TO PRINTER /(A�`p("1� CITY OF ST. PAUL FOE NCIL N�, �� '� �� OFFICE OF THE CITY CLERK COUNCIL RESOLUTION-GENERAL FORM PRESENTED BY COMMISSIONER DATF RESOLVED, By the Counuil o� the City of Saint Paul, that pursuant to the provisiong of Ordinanee No. 1384Q' approved February 2'7, 1968, the proper City o��ic�rs are hereby authorized and direeted ta exeoute, on behalf of said City, an agreement between the City of Saint Paul anci. the Town of Northdale, the Town of �aet Oakdale, the Town oi' Oakdale and the Town o� '��oodbury and the Northdale, East Oakdale� Oakdale and ��oodbury Joint Sanitary Sewer Board authorizing th� interoonneetion of publit� sewers, a capy of such r�greement being attached hereto and incorporatect herein by re�erenes; be it FURTIi�R �.�SOLVED, That such execution by the proper City officers as provided �foresaid �hall be �ub�ect to the require- ments af the provisions o� Sect3on 18 of �aid agreement. COUNCILMEN Adopted by the Councii 19—. Yeas Nays �� ,� Approved 19— Meredith _�-�� Favor Peterson Sprafku ��'' Mayor Tedesco A Sainst Mr. President, Byrne O � A G R E E M E N T � THIS AGREEMENT, mad� and entered i,nto as o� the day of � 1967, by and b�tween the Ci�y of Saint Paul� a municipal corporation in the County of � Ramsey, State of Minnesota, hereinafter for convenience of reference designated as the City, and the Town of Nc�rthdale, the Town of East Oakdale, the Town of Oakdale � and the Town of Woodbury, and the "Northdale, Ea�t Oakdale, Oakdale and Woodbury � Joint 5anitary Sewer Board" in the County of Washington, State of Minnesota, which for purposes of co�nver�ience of reference wil,l hereinafter be designated as the suburb, � WITNESSETH: � SECTION 1. Pj.JRPOSE. The City of Sai�t Paul and the Town of Northdale, the Town of East Oakdale, � the Town of Oakdale and the Town of Woodbury, and the "Northdale, East Oakdale, � Oakdale and Waodbuxy ,Toint Sanitary Sewer Board" have heretofore entered into an agresment (agxeements) a��flected by concurring ordinances heretofore adopted by � the Gity and Suburb pertaining to th� intereonnection of sanitary sewers. It is the � inten� of the partie� hereto that this agreement shall supersede all prior agreements between the parties except as herein otherwise pxovided. It is the further intention � of the parties hereto that the perr�.ission and authority heretofore granted by the � City to the suburb to construct and thereafter operate and �aintain a suitable con- nection or connections to th� sewer system of the City, which connection or con- � nections must be made in accordance with conventional engineering standards � approved as to coz�struction, location and elevation by the CommisSioner of Public Works of the City of Saint Pau]., is hereby continued under and pursuant to the � provisions of this agreement �ubject to all the terms and conditions hereinafter 1 expressed. - 1- � � � . SECTION 2. DEFINITION OF TERMS. 1. "Adjusted dry weather volurne" of sewage contributed by the suburb � ' means the total measured volume of sewage recorded by the sewage meters (or � otherwise estimated where sewage flows are not metered) adjueted to reflect Minneapolis-Saint�P�ul Sanitary District apportionment practice as provided in � Subdiviaion 2 of Section 7 of this Agreement. Where the adjusted dry weather � volumes var b five percent (5%) or less from the actual measured volumes Y Y recorded by the meters, the volumes recorded by the meters ahall be used in lieu � � of the adjuated dry weather volumes. � 2. "Chief En ineer" of the City meana the Chief Engineer of the � Department of Public Works of the City of Saint Paul. � . • 3. "City conveyance sewer system" is defined for purposes of this � e all sewers in the Cit ublic sewer aystem 36 inches or larger agreement to b Y yP � in diameter (or having capacity equal or greater thaa a 36-iach diameter sewer when on the same slope if the aection is other than circular) except that only those ; `-� sandrock tunnel sewers having dimensions greater than 2 feet 6 inches wide and 6 feet 0 inches high shall be conaidered ae part of the conveyance aewer system. , , 4. "City" means the City of Saint Paul, Minnesota. � � �� ►� 'vin both surface runoff and 5, Combin.ed Sewer means a sewer recei g sewage. . � 6. "Construction Cost Index" shall be the U. S. Public Health Service. i � Sewage Treatment Plant Index cornpiled for the Minneapolia area when used in � V . , . _Z_ � � connection with sewage treatment plant costs and shall be the U. S. Public � alth Service Sewer Construction Cost Index compiled for the Minneapolis He � area when uaed in connection with sewerage facilities constructed after 1930. For sewerage facilities constructed prior to 1930, the Engineering News Record � ndex shall be em lo ed to calculate costa at a 1930 level and Construction Cost I P Y � the U. S. Public Health Service Index shall be used to update the 1930 costs to current levels. � 7, "Depreciation" shall be computed on a straight-line basis with no � allowance for salvage value and a forty year life for sewage treatment works and an eighty year life for sewera. The depreciation rate is two and five-tenths percent � a d one and twent -five one- (2. 5%) per year for sewage treatmea�t worka n Y � hundredtha percent (1. 25°fo) per year for sewers. $. ' "Exieting M. S. S. D. Sewage Treatment Works" means the treatment � ' d November 1 facilities of the M. S.S. D, conatructed or acquired during the perio , � 1933, to December 31, 1961 . � 9. "Jointly-used City 5ewer 5ystem" or "�ointly-used Syetem" means ' . all of the sewers and appurtenanc�es which are a part of the public aewer system � of the Cit of Saint Paul and which receive or co�.vey aewage from the public � Y � eanitary sewer systern of the Suburb. 10. "Maximum allowable rate of discharge" ia the maximum instantane- r� ous rate of flow that the Suburb may discharge into the City systern at a specified ipoint of �connection. . ; � -3- � • • t..� . �� 1 l. "M..S.5. D. interceptor sewer" means the existing interceptor '. � � sewer of the M. S. S. D, which runs through the City from the City of Minneapolis, ' � 3 •+ Minnesota, to the M. S. S. D, sewage treatment works. "�� 12. "M. S. S. D. " means the Minneapolis-Saint Paul Sanitary Dietrict J organized and existing under the proviaions of Minnesota Statutes (1965), �� r Chapter 445, and as said Chapter may be amended from time to time. �i 13. "New M. S. S. D. Sewage Treatment Works" means the treatment n� facilities of the M. S. S. D, constructed or to be conatructed after December 31, , 1961. �� 14. "Original cost" of a facility is the total contract cost plua direct � ^ expenditures for engineering, inspection, legal and adminiatrative work directly r+-` aid with mone received as a direct grant connected thereto, less any amounts p Y � from the United States Government. Where the contract costs are a part of the � historical record but the engineering, inspection, legal and administrative costs ..� 0 of the contract are not ao itemized, an amount not to exceed ten percent (1 %) � cost may be added as a reasonable estimate �thereof. � 15. "Peak design rate of discharge" ia the rate of flow through a given � � facility under instantaneous peak flow conditions when the contributing areas �� are develo ed as assumed in the design criteria. Unlesa otherwise indicated .� p ^� in this agreement, design rates of discharge shall be based upon estimated � condition of full development or probable saturation development. � ' 16. "Preaent depreciated value" of a facility is the reproduction cost � � of that facility a$ defined in this aection, lese an allowance for depreciation . ..� baeed on the age of the facility. ^� , : . '� ° i� -4 . � � � 17. "Reproduction cost" of a facility is the total estimated cost of reproducing the facility at the level of prices prevailing at the time of � purchase or appropriation, including engineering, inspection, legal and � administrative cost directly co�nected there�o. Where the origix�al cost of a faci�ity or the contract cost of a facility are available as a matter of histor- , ical record, reproduction cost shall be calculated by trending the original � cost to current price levels throug� the use of an appropriate Construction Cost Index. Where the original cost pf a facility is not available as a part � of historical record (the facility having been part of a lump sum contract � containing other facilities not applicable hereto) the reproduction cost shall be estimated directly using methods conforming to current engineering � practice. For this initial agreement, reproduction cost shall be based on � price levels pxevailing on December 31, 1964, and for any subsequent appropriation of capacity obtained through supplerriental agreement as herein- � after rovided for re roduction cost shall be based on price levels prevail- P . P � ing at the time of said supplemental agreement, 18. "Sanitary 5ewer" means a sewer which carries sewage and � to which storm, surface and grpund waters are not intentionally admitted, � 19. '5uburb" means the Town of Northdale, the Town of East Oakdale, the Town of Oakdale and the Town of Woodbury, and the "Northdale, East � Oakdale, Oakdale and Woodbury Joint Sanitary Sewer Board" established � by the agreement between said towns dated the 27th day of April, 1966, � pursuant to Minnesota Statutes 1967, Section 471. 59. Where the term "Suburb" is used throughout this agreement, if it places any duty, responsi- � bility or obligation on the "5uburb" or requires payment of amounts due � -5- ' , from such "Suburb", the term shall apply jointly and severally to the aforesaid towns, and the City nnay, at its option, require of any one , or all of said towns, fu�fillme�t of such dut , res onsibilit or abli- Y P Y ' gation hereunder or the payxnent of any such charges due to it, it being � understood by the parties hereto that the aforementioned joint sanitary sewer board created as aforesaid by said towns is acting merely as the � agent for each and all of said towns. � 20. "The total annual dry weather volume of sewage from the City and its conneGted Suburbs" is the calculated or theoretical volume used by ' the M.S.S.D, in apportioning M.S.S.D. expenses between the Cities of ' Minneapolis and Saint Paul. In determining this voluzne, it is the present � � ' � ' ' ' ' - 5A- i 1 � i i n� � practice of the M. S. S. D. to average the daily measured sewage flow from ' '� the City and all of its connected suburba on dry weather days on which no meter difficultiea are experienced and which are otherwise determined by the � M.S. S. D, to be representative days and multiplying this average by the � number of days in the year. � SECTION 3. GENERAL CONDITIONS. 1. In consideration of the covenants and agreements herein set forth, � the City hereby granta to the Suburb permission and authority to construct � and thereafter maintain and operate certain connections, as hereinafter apec- � ified, joining the public sanitary sewer system of the Suburb with the public �r sewer system of the City, subject to all of the terms and conditions of this � agreement as hereinafter expressed. 2. The sewer syatem of the Suburb to be connected to the sewer � system of the City ghall be constructed and maintained as a sanitary aewer � s stem and shall convey only sanitary sewage consisting of water-borne Y , r� wastes from residences, inetitutions, and induatrial and commercial eatab- � � lishments. The Suburb shall, by the adoption and employment of suitable l� methods, effect acceptable standards to exclude rain water from roofs, ; , yards, lawns, foundation drains, parking lots, streets and alleys from its , : sanitary aewere and to exclude cooling, refrigeration and air conditioning ; � � water or other unfouled waste water from ita sanitary sewers and shall e� effect minimum acceptable atandarda as to the amou�t of infiltration of � • surface and groutzd watera entering ita eanitary sewera. � � -6- , , ,� 3. The Suburb shall, by the adoption and employrnent of suitable � methods, effectively prohibit from its public sanitary sewer system wastes ,� which may directly or indirectly impair the structural durability of the sewer :. ! system or ita hydraulic functioning and wastea which may have a deleterioua � effect on the sewage treatment plant structurea or processes, and wastes �. whose pollutional effect is not mitigated by ordinary sewage treatment plant „�,� processes and whose presence in the receiving stream would violate state or interstate standards of water quality and wastes whose presence in the � � sewers could create a hazard to public health and safety. In determining the � Suburb's responsibility under this subdiviaion, the Suburb shall be subject to � the same requirements that the City now or in the future may impose on the users of the City syatem, and the Suburb shall be further subject to any such � standards or re ulations as may be imposed upon the City and its uaers by the g � M. S. S. D. ��. 4. The Suburb shall not allow any extension of its sanitary sewer system A� `-' or any extenaion of sanitary sewers connected to its system beyond the authorized ~1 limita of service designated and described on Exhibit WN-A which is attached to ,� and is hereby made part of this agreement. The Suburb may allow sanitary sewer � nected and drained throu h its systems outside its corporate limits to be intercon g ��` syatem provided that all areas aerved by such system are wholly within the � . authorized limits specified on the above described Exhibit WN-A and further 1 `" provided that said systems and areae shall be fully subject to all of the provisions, � terms and conditions of this agreement which are hereby made applicable ... .- thereto, with the same intent, purpase and effect as if said areas were situated � . v within the corporate limits of the 5uburb. • r�, . . � . �. . . � � � . � �?� �..r . . � � � . � 5. The City and the Suburb have heretofore designated place(s) of � _ connection of the sanitary sewers of the Suburb with the public sewer system � of the City. Said connection point(s) is (are) designated and described on the ~� aforementioned Exhibit wN-A The maximum allowable rate of discharge from the Suburb's sanitary sewer systern into the City's system at each of � � ated connection oints is also s ecified on the aforementioned the design p P Exhibit WN-A , The Suburb shall not at any time allow aewage or i„� other liquid to be discharged into the City's system at rates in excess of the � maximurn allowable rate of discharge. �� 6. The anthorized limits of service, the designated place(s) of con- . nection, and the maximum allowable rates of discharge as set forth in the � aforementioned Exhibit WN-A constitute an essential part of the funda- � mental basis of this agreement and its provisions for charges and payments. - These limitations shall not be exceeded and no change shall be made therein . ..� except aa such change be set forth in a aupplemental agreement executed ! by the City and the Suburb. Such supplemental agreement shall have �. � attached and incorporated therein properly revised veraions of each exhibit or schedule which is a'part of this agreement and such revisions � , shall properly show the basis and amount of change in charges including then applicable interest rates payable by the Suburb, All reviaions in � � exhibits or schedules shall be prepared in such manner as to clearly show � the ori inal amounta, the revised amounts, the authority for the revisions, 8 � and the date thereof. Any revised chargee ahall be based upon the same ..� farmulas aa used in this agreement. � ' ;;,,� ' -8- , i�r � 7. The Chief En ineer of the Cit , or any employee authorized by 8 Y � the Chief Engineer of the City upon reasonable notice first given to the �.i Suburb, shall be permitted, at the expenae of the City, to inspect the con- � ' struction, as well as the operation, of the sewer system in the 5uburb at � any time to see that the same is being conatructed and operated according to plans and specifications and operated in compliance with acceptable � �� municipal practice and that the agreement herein contained is being complied � with inaofar as it is reasonably necessary to protect the City. The Suburb, � upon reasonable notice first given to the City, shall be permitted, at the � expense of the Suburb, to inspect the construction, condition and operation � of any sewer within the City used by the Suburb at any time to see that the same has been constructed and operated according to plans and specifications � and operated in compliance with acceptable municipal practice and that the � agreement herein contained is being complied with insofar as is reasonably ;� necessary to protect Suburb. : � 8. During the construction of sew�rs within the Suburb special care � shall be exercised not to allow any gravel, sand, dirt or any other heavy material to be washed or carried into the sewers of the City, and no grit, � � dirt or heavy substance of any kind shall be permitted by the Suburb to be f L. dumped into its sewers. When expense is incurred in cleaning the sewers �� ' of the City due to any auch eubetance being carried into them from Suburb eewers, auch expens�e ehall be paid for by th� Suburb. � � . . � r9r �.. � � � 9. Before any extension of ite sanitary sewer system is commenced, the Suburb ahall submit plans and apecifications therefor to the City for its � information. The 5uburb shall have the right to extend and connect addi - � tional sanitary sewers provided such sewers are within the authorized limits of service. Suburb must also aubmit to the City on or before January 31 of � . each year, a statement of the total number of connections to the Suburb's � sanitary sewer syetem existing as of January 1 of each year, together with � such supporting data (e. g. the number of connections in various size classifications) as may be required by the City or the M. S.S. D. Suburb � agrees that no impounding devices or impounding of sewage will be permitted 4 in its sewage collection eystem or in those systems connected to it, except i as required for proper pump operation, or as expressly authorized by the � it and a roved b the M. S. S. D. Im ounding devices provided for in C Y PP Y P � existing contracts between the 5uburb and adjoining municipalities or im- pounding devices presently in existence and authorized previous to this � � in uae: however .no ex anaion of such facility agreement may continue , , P ror prolongation of detention times shall be caused unless authorized by the �u , City and approved by the M. S. S. D. �:• r ases shall 10. In case any unreasonable obnoxious odore o g � develop in the jointly-used sewer system due to diacharge into the sewere .a � of the Suburb of any substance causing obnoxious odors or gases, such "'� , nuieances must be eliminated by the Suburb at ite own expense, upon � r►otice and when requeated to do so by the City, and a faiiure to comply rJ �� ') � � -10- a � � : . � 4�_ �� with such notice within a reasonable time shall constitute a cause of action � under Section 6 of this agreement. �,,,� � SECTION 4. MEASUREMENT OF SUBURB'S SEWAGE FLOW. 1. To measure the volume of sewage discharged from the public � . sanitary sewer system of the Suburb into the public sewer system of the � City, an accurate sewage metering device shall be constructed and main- tained at each connection point. The metering device shall be equipped � i terin and recordin mechanism housed in a suitable with a remote reg s g g � structure which indicates and continuously recorda the rate of flow, and • which measures and totalizes the quantity of sewage passing through the � � - meter. � 2. The sewage metering device shall be provided by the Suburb at � its own expense. 3. The type and location of the sewage meter and al.l plans, spec- I (� ificationa, and details pertinent thereto shall be aubject to the approval of , � the Chief En�ineer and the Commisaioner of Public Work"s of the City. � . . 4. The operation and maintenance of the metering device, including � the reading and recording of results shall be done by the City. The City ahall keep an accurate record of aIl materials, labor, replacement of � equipment, aupplies or other expense incurred in the operation and mainte- � nance of each metering device, and the City shall be reimburaed for the � full coat thereof as provided in Section 5 of thie agreement (Subdivision 10). �.i � � -11- I� ', ,� 5. The Suburb shall have the right of access to the metering d=evice �.rl� and recording instruments and may make any accuracy test or other inspec- � burb ma deem necessar or desirable. However, no changea tions that the Su y Y � or adjustments shall be made unless the Chief Engineer of the City or his designated representative is preaent. , , � 6. The Gity may make calibratian or accuracy teats of the metering � device at such timea as the City may deem desirable. Any time it has been determined that the sewage metering device has not properly measured the � � ad'ustment of the measured volume of sewage cont*°ibuted by the Suburb, an � � sewage flow shall be made. If the City and the Suburb are unable to agree on the calibration of the metering device or on the adjustment of the � � meaeured sewage flow, an impartial registered professional engineer, � mutually satisfactory to the City and the Suburb, shall be selected as an . arbitrator to supervise the repairs and calibration of the metering device �.T"' and to determine the proper adjuatment of the measured sewage flow. � The services of the arbitrator shall be paid by the losing party, or one-half by each party at the option of the arbitrator. Adjustrnenta of ineasured � sewage flow shall not be retroactive for a period of more than six months. � 7. Notwithstanding any of the provi$ions of thie Section� wherever � it is determined to be impractical to construct and maintain a aewage metering device at one of the pointa of connection, said metering device � may be omitted�and the volume of sewage contributed by the Suburb at � tt�at point of cannection ahall be eetimated by the City, provided that the � , � �,,,r . , -12- . � ^� omission of the metering device and the basis to be used in estimating �"� the volume of sewage are fully described in Exhibit WN-B which is attached hereto and is hereby xnade a part of this agreement. � . SECTION 5. CHARGES. � 1. For the privilege of connecting its public sanitary sewer s stem Y � and diacharging its sanitary sewage into and through the sewer system of the City and through the facilities of the M. S. S. D. , the Suburb shall pay � to the City the annual charges hereinafter provided in this agreement. � 2. The Suburb shall pay the City a capital charge for those portions of the M. S. S. D. interceptor sewer, which the City is entitled to use, which � are used to convey the Suburb's sewage to the sewa e treatment lant. g P � The Suburb's capital apportionment in each segrnent of the M. S. S. D. inter- ceptor aewer shall be that percentage of the segment's present depreciated � value that the 5uburb's eak desi n rate of dischar e throu h the se ment P � g g g , bears to the total capacity available through the given aegment. Credit shall be given for federal grants in the same proportion as the amounts ' of euch grants were to the original cost of auch facilities as shown on ' Schedule WN-12 The calculation of the Suburb's capital apportionment for each facility applicable under this subdivision is set forth in detail in r . Schedule WN-5 which is attached hereto and is hereby made a part of this � agreement. The total apportionment shown thereon may be paid by the Suburb as a lump sum; or it may be paid in 120 equal quarterly payments � " , _ _13- ' � . ' - , which include interest on the unpaid principal balance at the rate of three and five-tenths percent (3. 5%) per annum (computed quarterly). The first � such quarterly payment shall be for the quarter ending September 30, 1969 � . Payments shall be made quarterly thereafter until principal � and interest are fully paid. Suburb shall have the right of prepayment of the � unpaid principal balance, or any part thereof, at any time without penalty. � . ,.,A If the payment of such sum is paid in 120 equal quarterly installments, each � such installment shall amount to one and thirty-five one-hundredths percent (1. 35%) of the total apportionment. � B a in such char e for the M. S.S. D. interceptor sewer, the Y P Y g � Suburb is acquiring the permanent right to use a portion of that capacity � which.the City is presently entitled to uae, said capacity rights being equal � to the eak desi n rate of diechar e used in com utin the ca ital a or- P 8 g P � P PP � tianment, all as set forth in detail in Schedules WN-4 and WN-5 of this agreement. '' Th uburb shall a the Cit a ca ital char e for each Cit 3. e S p y y p g Y ' sewer used to convey Suburb's sewage from the point or points of connec- , tion to the M. S. S. D, interceptor sewer. Some of these sewers may con- ' siat of combined sewers which were designed and built for the primary , purpo8e of collecting or conveying sanitary aewage and storm water from areas within the City's corporate limita. Therefore, there is no substantial , capacity thereinwhichis in excesa of the City's present and future capacity L ' �� _` -14- r,.. . . . . � � � � . � �.. . . . . . :,..� � . � .. . . . . . . � � . �-..1 � , requirernents, and whereas for water pollution control and other reasons � the use of combined aewers is r�garded with increasing disfavor by regu- 4 .!■� latory agencies, it is not possible to ascertain how long in the future each ; ,!� se ment of combined sewer will continue to be available for the conveyance � � of sanitary sewage. Cons�quently, the use of said combined sewers by ;.:l� . the Suburb for conveyance of sanitary sewage is regarded under this � a teement as a tem orar ex edient exercised for the convenience of the g P Y P � Suburb in the interest of preserving the public health and welfare. For �. the temporary use of those segments of the jointly-used City sewer system ►•*"' desi nated as combined sewers, the Suburb shall pay the City an annual � � rental charge based upon a depreciation charge of one and twenty-five one- .�. r� hundredths percent (1. 25%) per year of the reproduction cost of the Suburb's �-� apportionment in each segment ae calcu�ated in 5chedules WN-7 and � WN-8 of this a�reement plus a financing charge of three and five- ,.. tenths percent (3. 5%) of the current depreciated value of the Suburb's r� � � � � -- apportionment as calculated in the aforementioned Schedules WN-7 , and WN-8 which are attached hereto and are hereby made part of , this agreement. No equity or ownership rights shall accrue to the Suburb ' in any facility rent�d under thia paragraph; however, in the event that � ' such rented capacity subsequently becomes permanently available to the , Suburb, and is purchased by the Suburb, the amount of the depreciation �! �� charge paid the City by the Suburb ae rental under this subdivision ehall � � ; ;, , , � ,� -15- � ; �� be credited tow�rd the purchase value. Inasmuch as combined sewers � a� . ' .. are rented on a temporary basis, the apportionment of reproduction cost . � to the Suburb shall be based upon the percentage that the maximum allowable .-�, rate of discharge bears to the total capacity available through the facility ..� �_ wherein the maximum allowable rate of discharge for the Suburb in this ��. instance is based upon estirr�ated eapacity requirements of the Sulaurb ten � years from the date of this agreement as calculated in Schedule WN-6 `'.� . F°* Where the City sew�rs used to convey Suburb's sewage are separate � anitar sewers or are otherwi�e desi nated or determined to be of such s y , g ,� nature or condition that permanent capacity rights are available to the Suburb, the Suburb shall pay the City a capita� charge as hereinafter � � ach specified. For such aewexs, the Suburb s capital apportionment in e � segment of such jointly-used City sewer syatem shall be that percentage � of the facilities' present depreciated value that the Suburb's peak design ' '^� rate of discharge through the segment beara to the total capacity available '� through the giv en segment. The calculation of the Suburb's capital � apportionment for each facility applicable undex this paragraph is set forth in detail in Schedules WN-9 and �-10 which are attached �— �� hereto and are hereby made a part of this agreement. The total apportion- � ment shown thereon shall be paid tp the City in the same manner as pro- vided for the M. S. S. D, intexceptor sewer in Sttbdivision 2 of this section. � Exce t as above rovided for combined sewere, the Suburb, through pay- P P � ment of this capital apportionment, is purchasing a permanent right to . � " -16� � ,� � � use each segment of the jointly-used City sewer system which it � usea in the proportion that its peak design rate of discharge through � the se ment bears to the total ca acit available throu h such se ment. g P Y g g The Suburb's share of the present depreciated value of each segment of � the jointly-used City sewer system is shown on 5chedule WN- 10 LT of this a reement. The Suburb's share of capacity of each segment of the g � jointly-used City sewer system is shown on Schedules wN-9 and � WN-10 of this agreement. : � 4. The Suburb shall a the Cit a ca ital char e for P Y Y P � � existing M. S. S. D. sewage treatment works which the City is presently .�. entitled to use. The present depreciated value of the exieting M. S. S. D. � ' " sewage treatment works hae been calculated for purposes of thie agree- � ment on Schedule wN- 12 , which is attached hereto and is hereby : L.% � made a part hereof, and is determined to be $3, 880, 520. 00. In � `�� determining the present depreciated value of this facility, Iand purchases � and the program of research �nd investigation prior to December 31, 1961, ahall be included as shown on the aforementioned Schedule WN-12 � Credit ahall be given for federal granta in the same proportion as � the amounts of such grants were to the original costs of such facilities � as shown on Schedule WN-12 , The existing M. S. S. D, sewage � � � , _ : -17- � . � ,,.� �� treatment works, being incorporated into and made an integral gart of the ''�`' expanded treatment facility is considered for purposes of this agreement � to have an annual average capacity of 218 million gallons per day. The Suburb's capital apportionment for the existing M. S.S. D. sewage treatment � works shall be that percentage of the present depreciated value that the � Suburb's sewage treatment plant capacity requirements bear to the total , �-i annual average capacity of 218 million gallons per day. The basis for determining the Suburb's sewage treatment plant capacity requirement is � set forth in Schedule WN- 13 and for the purposes of this agreement said requirement is agreed to be an annual average capacity of 1.458 __ � � million gallons per day. The Suburb's capital apportionment shall be paid � in the same manner as provided in the first paragraph of Subdivision 2 of � this section. 5. The Suburb shall pay the City a capital charge for the new � M.S.S.D. sewage treatment works which the City is entitled to use. The Suburb's capital apportionment for this facility shall be that percentage of � the total expense to the M.S.S. D. inproviding thc: facilitythat the Suburb's sewage ,' treatment plant capacity requirements bear to the total annual average plant capacity as provided by the M.S. S. D. The Suburb's sewage treat- ' � ment plant capacity requirements shall be as specified in Subdivision 4 �' of this Section. The sewage treatment plant capacity requirements of the Suburb as determined under this Secti�on a�d ae ehown on Schedule � WN-13 of thie agreement have been determined on a relatively , , , � -18- �F � short range basis and are less than the total future capacity requirements of the Suburb. At such time as the sewage treatment works are to be ±� enlarged by the M. S. 5. D. or at such time as the volumes of sewage orig- � inating in the Suburb may necessitate, the City and the Suburb may enter f"� into a supplemental agreement increasing the capacity requirements of the ` ■ �.. Suburb and increasing the Suburb's capital cost apportionment for sewage � treatment works. The 5uburb shall not permit the "adjusted dry weather �w volume" of sewage discharged into the City system to exceed the capacity � � � for which it has been apportioned capital charges in the new M. S. S.D. sewage � treatment works. � The Suburb agrees to participate in proportion to its capacity , a u requirements in any additional capital expenditures required to be spent � b the M.S. S. D. for additional degree of treatment or other future capital Y expenaes which the M. S.S. D. may incur for the use and benefit of the City � and the Suburb. � The costs of preparation of the "Comprehensive Sewage Works � Plan" prepared under Chapter 882, Minnesota Laws 1963� shall be included t.� as part of the costs of the new M.S. S. D. sewage treatment facilities as permitted by the terme of such Chapter 882. � � Federal, etate and other grants for anyneva District or ,City.�facili• , W � , tiea, received after December 31, 1961 (including new District treatment � � , facilities) ahall accrue to the benefit of all municipalities which use the � particular facilities for which the grant ie given. U r� i.� . � -19- ;,;' ��rThe capital cost apportionment to the Suburb for new M. S. S. D. ` sewage treatment works as of the date of this agreement, and the basis `� W N- 14 of its calculation are set forth in more detail on Schedule hereto , .� attached. The Suburb's capital apportionment shall be paid in the same manner as provided in the first paragraph of Subdivision 2 of this section. � 6. The 5uburb shall pay the City a charge for the Suburb's �hare � of the operation and maintenance expenses of the City conveyance sewer � system. The total annual cost of operating and maintaining the City con- D...� veyance sewer system shall be divided by the "total annual dry weather � volume of sewa e froxn the City and all of its connected 5ubur.bs", as deter- g � mined by the M.S.S. D. in apportioning M. S. S.D. expenses to the City, �. yielding a unit cost per million gallona of aewage. This unit cost ahall be '°" a lied to the "adjusted dry weather volume" of aewage cont'ributed by PP � the Suburb to compute the total charge to the Suburb under this subdivision. � ?. The Suburb shall pay the City a charge for the Suburb's share of ' ' the operation and maintenance expenses of the M. S.S.D. which are appor- ' tioned to the C.ity and its connected suburbs by the M.S.S. D. The Suburb's share of expenses shall be computed in the same manner as described in � the preceding Subdivision 6. , � 8. The City shall from time to time obtain analyses of samples of � sewage callected from the public eanitary eewer syetern of the Suburb at � , the point or points�of discharge into the City's sewer eystem. In the �vent. � that thie program o� sampling and analyeis ehould demonstrate tiha� the .1 �_ . -20- ,:r� . . . . . � . � . . . . � . �� , ! �� sewage or waste contributed to the City sewer system at one or more of ' r. the connection points consistently has extraordinary strength charac- � teristics considerably in excess of the strength characteristics of the � overall composite waste received at the M.S. S. D. sewage treatment ' works; then the City may direct that the Suburb at its own expense shall � perform such pretreatment of the sewage wastes prior to discharge into � the City sewer system as may be necessary to reduce the strength char- � acteristics to conform generally to those of the composite waste received � - at the above-said sewage treatment works. For purposes of this subdivi- � sion, any waste for which the five day, 20�C Biochemical Oxygen Demand � exceeds 350 parts per million by weight, or the total suspended solids ' exce�da 400 parts per million by weight, both as determined in accordance � .with the lateet edition of Standard Methods for the Examinatio� of Water � and Waste Water shall be considered to have extraordinary strength char- acteristics and the City may direct that the Suburb shall provide for the � � , pretreatment of such wastes. � Wherever the City may determine that such pretreatment of sewage is neither practical nor desirable, then said sewage or wastes of a , extraordinar atren th characteristics may continue to be discharged into Y � B � the City sewer system; however, the Suburb shall pay to the City an addi- . tional charge to compensate said City for additional costs involved in the � �a ment and die osal of theee etron er wastes. The amount aonveyan�e, tre t p B � of the said additional charge sha,ll be determined by the Council of the � , � -21- � � City and a separate determination will be made in each instance depend- ing upon various pertinent factors involved. The additional charge under � , this subdivision shall be fair and equitable and shall, as nearly as prac- � ticable be desi ned to full compensate the City and all other users of ' , S Y � the M.S.S.D. facilities for the additional costs incurred due to the par- ticular strength characteristics of the sewage or waste involved. � In the event the Suburb disagrees with the determination of � charges by the Council of the City, the parties shall arbitrate their dif- ` ferences by the procedure set forth in Section 4, Subdivision 6. � The resent M.S. S.D. Act, Section 445. 09 of Minnesota Statutes P � Annotated provides for such pretreatment or chargea for wastes that are r.. unusually concentrated. � ' a char e for Suburb's share of the costs 9. Suburb shall pay City g � of extraordinary repairs of jointly-used sewers serving the Suburb. This charge is to reimburse the City for Suburb's share of those expenses � a ce ted accountin which the City incurs in making repairs which, under c p g � practices, are not embraced in the cost of current maintenance and repair under Subdivision 6 of this section. Suburb's share of such costs shall be � computed by dividing the total cost thereof between the City and Suburb in � the proportion which the total volume of aewage discharged by Suburb in � � the particular eewers repaired beara to the total volume of aewage in such ! � eewera. The volumes to be ueed in thie computation ehall be computed by the � u � -22- ` �� .�� City over a 24-hour period during average dry weather flow at approxi- � mately the time of such repair. Such flow shall be determined by the installation of a weir or meter. 10. Suburb shall pay City a charge for Suburb's share of the costs � incurred and recorded by the City for administration and billing under thia ' agreement. Such costs include record-keeping and preparing quarterly � ' bills to suburbs and City engineering department expenses incurred in � ` routine meter reading and testing of inetering facilities of suburbs and for routine sampling and analysis of Suburb's sewage. 5uburb's share of such � • costs shall be determined on the basis of sewage volumes, by dividing the � total annual costs by the total "adjusted dry weather volume" of sewage from all contracting suburbs, and applying this unit cost, expressed � '1 ion allons to the "ad'usted dr weather volume" of as a rate per mi 1 g � Y � sewage from the Suburb during the year. Such charge to Suburb, however, ahall be a minimum of Fifty Dollars ($50. 00) per quarter. l.! The City shall have the option of charging non-routine meter . � reading and testing; sewage sampling and teeting, and other similar special costs directly to Suburb where such costs are attributable to Suburb. � 11. Suburb ehall also pay the City an overhead charge equal to (� _ tweaty-five percent (25%) of the operation and maintenance charge submitted f � by the City tv the Suburb under the proviaions of Subdiviaion 6 of this Section. r,.7' Such charge is intended to compensate the City for expenaea incurred by the � , � -23- � �, � a '� City in administrative costs for which the City is not otherwise compensated ; �' E and for City's costs incurred under auch items including,. but not limiked to, � .�� pensions, health and welfare charges, unemployment compensation paymenta, Workmen's Compensation paymenta, Severance Pay charges, vacation, sick �� • leave, and holiday charges and for the services of City departments which � J,� are not directly charged to aewer operation and maintenance including, � • but not limited to, Civil Service, Purchasing, Corporation Counsel, City �, Clerk, Finance and City Comptroller. This overhead charge shall be � added to each quarterl� billing from the City to the Suburb; and it is ex- � preasly agreed by and between the parties hereto that such charges are a fair and reasonable amount to reimburse the City for services and is not � nor is it to be considered profit. � 12. In addition to the foregoing charges, and for as long as it con- tinues to discharge aewage into the jointly-used City sewer syatem, the � wil im ose u on and collect from all users of its sewer system Suburb 1 p p � any and a11 additional charges which the M. S. S.D. may impose directly upon usera in the City, other than those charges in effect on July 1, 1965, � • and will pay all sums so collected in accordance with the rules of the � M.S.S. D. and any statute or statutes now or hereafter enacted to .regulate and govern the same. ►�.1� � SECTION 6. REMEDIES FOR VIOLATION. � In the event of any subatantial, continuing violation of the terms and '� conditfons of this agreement on the part of the City or Suburb, the aggrieved � ' . � ' - -24- �, , . � party, after firat giving reasonable notice and affording reasonable oppor- ""� tunity to correct such violation, may institute such action or proceeding, � at law or in equity, as may be considered by it upon advice of counsel to �+� be most effective for the enforcement of this a reement, whether in the nature g � of mandamus to compel the proper officers to perform duties imposed upon the parties of this agreement, or for such other relief, without limitation, "� �� as may be deemed necessary or proper by any court of competent juris- ,� diction. � It is further mutually agreed by and between the parties hereto that � there shall be available to the City an additional remedy and that in the '� event the Suburb should allow sewage or other liquid to be discharged into � the City's aewer system at any of the designated points of connection or '.� otherwiae at a rate which exceeds the maximum allowable rate of diacharge � specified in Subdivision 5 of Section 3 of this agreement that a charge against . the Suburb shall�be incurred which shall be payable by said Suburb to the � _ City to compensate the City for damages directly or indirectly sustained . � by said City by reason of the 5uburb's.unauthorized appropriation of the � , City's retained apportioned share of capacity in any such sewer. A charge �� against the 5uburb hereby provided shall be operable and in effect against � the Suburb in each instance where the maximum allowable rate of discharge ' �: � � ia exceeded, whether caused by reaeon of excessive sewa�e flow or by exceeeive aurface and ground water infiltration or a combination there- � , of; and aaid cauaes are recognized by the parties hereto as being subject � _ � - � -25- ,y� �� to the reasonable control of the Suburb. A separate charge as hereinbefore '" described shall be made against the 5uburb by the City for each calendar �, day or portion thereof in which the peak measured rate of discharge exceeds �,,� the maximum allowable rate� of discharge. The amount of each such charge '� payable by the Suburb to the City shall be in the sum of Four hundred A..' � ninety Dollars ($ 490.00 ) per day. The �,�w City shall notify the 5uburb in writing of each such occurrence within ten ^� (10) days after the occurrence is noted by the City. The charges hereby W. ^...' provided shall be separately itemized and identified by date and shall be • included with the next quarterly billing from the City to the 5uburb occurring ^� thereafter and shall become due and payable with such quarterly bill. � ~, SECTION ?. USE AND ADJUSTMENT OF SEWAGE FLOW VOLUMES. � „� 1. Whenever costs are apportioned to Suburb on the basis of sewage "� volumes under this a reement, charges shall be made and based upon the , � � unit costs actually experienced duri�ng the previoua year, until an appropriate adjustment can be made. Adjustmenta for the prior year ehall be made as � _,� necessary, in the first quartecly billing each year, or ae soon as the nec- � essary information is available, to reflect any differences between the unit costs experienced and the unit costa used ae the basis for billing during � � . the prior year. � 2. In computiag the Suburb's share of operation and maintenance expenses as provided for in Subdivisions 6, 7 and 10 of Section 5 of this � � . -26. -� � � agreement, the measured volumes of sewage shown by the meters may � be adjusted to obtain the "adjusted dry weather volume" of sewage con- tributed by the Suburb. The Suburb or the City may, by application to the LT other party, apply for such adjustment based on the same days uaed by the � M.S. S. D. in determining the "total annual dry weather volume of sewage ' from the City and its connected suburbs", if the Suburb's total volume of � ewa e based on such da s varies more than five percent (5%) from its s g Y � total volume of sewage when based on the actual measured volumes shown by the meter readings. i.7' Any application for such adjustment shall be made within one � year of the calendar year to which the proposed. adjustment would apply or the application will have no force or effect and no such adjustment need � be made. � The Suburb shall not, however, at any time on any day, dis- charge sewage or other liquid in excess of the allowable rates of discharge � - � specified in Subdivision 5, Section 3 of this agreement, said allowable . � rates of discharge representing the extent to which the Suburb has pur- chased capacity rights under this agreement and providing the basis of capital chargea payable by the Suburb, and said allowable rates of dis- � charge shall govern at all timea regardleae of the above provision for .� adjustment to dry weather flow for computing operation and maintenance, � ..� chargea. � +..� � _ � r27� � ' ;� SECTION 8. BILLING AND PAYMENT. � For the privilege of dischargin�; sewage into and through the jointly- , � • used sewers and M. S. S. D, facilities and for the treatment of such sewage, � Suburb shall pay the City the charges provided for in Section 5 of this + • agreement. Payment for such charges shall be due and payable on a quar- � terly basis within thirty (30) days after the bill is ren�lcred. Payments � due the City under priur agreements between the City and the Suburb shall � be dve an�? payable as of the effective date of this agreement. It is further agreed by and between the parties hereto that after the effective date of this � a reement ever billin b the City which shall become and remain the g � Y g Y � subject of delinquency in reference to the payment by said Suburb shall bear interest at the rate of six percent (6°fo) per annum to the extent and � � 'e t delin uenc and such interest shall become and for the perzod of sub� c q y, � be payable to meet auch case in addition to the principal of the subject � billing, by said Suburb to the said City t:hereunder. � SECTION 9. CREDIT FOR PREVIOUS CAPITAL PAYMENTS. � The Suburb shall be given credit under this agreement for capital � cost payments made to the City for $anitary sewage aervices rendered � after July 1, 1963; said payments having been made pursuant to the then '• existent contractual agreement of concurring ordinances. The amounts '�' to be credited ae ca ital paymenta ahall be all of the second or incremental P , aewer rental payment as credited to City Account No. 0930R, plus ..� `, -28- � � . � ■ two-thirds of the sewer rnaintenance payment as credited to City Account � � No. 0249R . The specific amounts to be credited are set forth on Schedule � WN- 15 . � The Suburb shall also be �iven credit under this agreement for any � direct payments made to the City as the Suburb's share of a sewex con- ;.:� atruction contract to build a part of the jointly-used City sewer system or � to rovide ca acit for 5uburb in the jointly-used City sewer system. P P Y � Suburb's contribution t� such construction contract shall be trended and � depreciated to its present depreciated value in the same manner as were °"''r` the sewer facilities under Section, 5. The specific amounts to be credited � are set forth on Schedule WN-16 • Suburb shall receive these credite by eubtraction of the total amount � of credit a$ shown on Schedt�lee �N-15 and WN-16 from the � total capital apportionment determined pursuant to Section 5 of this agree- ►:� . ment. These capital apportionments and credita are shown on Schedule � ``.' W N-17 ,■ �� SECTION 10. E�2UITY'PAYMENTS. Any payment xnade by the r� Suburb under thie agreement toward capital outlay for existing and future �.. �� M. S.S. D. facilities ehall be deemed to give the 5uburb the same kind of �� legal or equitable intereet for permanent uae as the City hae in such r�� M. S.S. D. facilities to the extent and in the proportion that tihe Sul�urb has `�� from time to time paid for ite ahare of such facilitiea. ,,:, � � -29 � � SECTION 11. 5UBURBAN PROPERTY DIRECTLY CONNECTED .� TO CITY 5YSTEM. � It is hereb a reed b and between the partiea hereto despite anything Y g Y � : herein to the contrary that in eacli case where real property located in said Suburb has been connected immediately with an abutting or adjoining public � sewer of said Cit or an extension of an such ublic sewer under the con- Y Y P �� trol of said City for sewage drainage purpoaes under authority heretofore J granted therefor by any resolution of the Council or by any ordinance of � a' it or an a ree ent hereafter ado ted b said Cit and substituted s id C y y g xn p y y '� in lieu of any such resolution or ordinance of said City for and during the operative period of such authority, the provisions, terms and conditions � of auch authorizing resolution, ordinance or agreement shall govern and � , apply in respect of charges, fees, rates and advance asaessments payable and to become payable on auch account to said City in lieu of any otherwise � applicable and comparable provisions, terms and conditions of this agree- � ment. � �� ' SECTION 12. SECTION TITLES. =� The titlee given to the sections of this agreement are for convenience J of reference only, and shall not be conatrued as having any other effect upon � the provisions of this agreement. � ILITY F R CLAIMS OR ACTIONS FOR � � 5ECTION 13. RESPONSIB O "� DAMAGES. _� The Suburb agrees to eave said City of�Saint Paul harmlesa from � ! ■ �.1 � � . -30- � i.1 � or ex ense and full indemnify said City against any ,,,,� any damage, cost p Y � and all liability sustained by reason of the connection or the maintenance w of the connections hereunder between the said public sewer system of the Suburb and the�said public sewer eystem of the City or by reason of any damage, cost, expense or loss that may be austained by the Suburb, its � inhabitants, or any other person or persons connected with the use of said Suburb's public sewer system or by reason of the diversion into said Suburb's public sewer system of roof water or storm water drainage. SECTION 14. EXHIBITS AND SCHEDULES. All exhibits and schedules attached to and referred to in this agree- ' ment are hereby made a part hereof as fully and as completely as if set ��` forth herein verbatim and in the event of a conflict between any provision of ; thia agreement and the text material incorporated on any schedule or exh�bit i� ` ` including any covenant or provieion between the parties thereon expressed, I�� the provision, materi�l or data on such exhibit or schedule ahall prevail. l . � A liat of said exhibits and schedules ia as followa: t � � � � . ;� � . , i � 4 -31- �, �; ' ' Exhibit WN-�, - Limits of Se�vice and Designated Connections. , Exhibi,t WN-B - Basis for Estimating Vo.lume af Sewage. Schedule WN-1 - T rend Factor$, 1930 to 1964. , Schedule WN-2 - Trend �'actors, Prior 1903 to 1930. � S chedule WN-3 - W ei,ghted A ve rage T rend Factors e Schedule WN-3a - Gondi�ion Percent - MSSD Sewage Treatment Planto � Schedule WN-3b - Condition Percent - Sewer Lines. , Schedule WN-3c - F1ow Vax�atior� Factoxs. Schedu.le WN-4 - Peak Design Rate of Discharge in MS5D Interceptor. ' Schedule WN- 5 - Capita.l Apportionment in MSSD Interceptor. ' Schedule WN-6 - Estimated Peak Rate of Discharge. Schedule WN-7 - Apportio�ment o£ Reproduction Cost,City Combined Sewers. , Schedtx� WN-8 - �2ental Charge o£ Use o� City Cpmbined 5ewers, ' Schedule WN-9 - Peak DESign Rate of Discharge in Battle C reek Sewer. Schedule WN- 10 - Capita.l Apportionment in Battle Creek Sewer System. ' Schedule WN- 11 - Va1ue of MSSD Treatment Plant Capita.l Additions 1938 to 1961. rSchedule WN- 12 - Capita.l Apportionment, MSSD Treatment P1ant, Fac,ilities Constructed Prior to Decem.ber 31, 19610 � Schedu.le WN- 13 - Suburbs Sewage Treatment P1ant Capacity Requirementso Schedu.le W1`1- 14 - Capita.l Apportionment in New MSSD Treatment P1ant, � 5chedule WN- 15 - Suburbs Credit for Capital Payments. , 5chedu.le WN- 16 - Gredit for Direct Cash Contributions toward Construction of Jointiy Used Faci.lities. � ' 5 chedu.le WN- 17 - Summary qf T ota.l C apita.l A pportionments and C redits, , � -32- 3 , ; � � � � I � � 5ECTION 15. OBSERVANCE OF DISTRICT RULES. - ! � � Suburb agrees to conform with, abide by, and enforce all laws, rules �' . . . . and re�ulations of the Minneapolis-Saint Paul Sanitary District which apply �' to the City and the users therein. � SECTION 16. ADJUSTMENTS OF BILLINGS RENDERED IN 1967. � - ' All charges previously made by the City against the Suburb for any � period after July 1, 1965, shall be computed and made in accordance with �' this agreement. Any billings made for any period since that date shall be �, adjusted so as to conform to this agreement. J �' � SECTION 17. AGREEMENT SUBJECT TO REDETERMINATION. � ThiB agreement is made pursuant to Minnesota Laws 1963, Chapter �' 874" Section 10 and shall be effective for a eriod of thirty (30) years r� , , P ^� aubject to a redetermination of its provision after the expiration of five (5) � . yeara from the date hereof and thereafter ae provided by law. � � � 5ECTION 18. EFFECTIVE DATE OF AGREEMENT. � u This agreement shall take effect and be in force after the date of '"� execution of the same by the City Comptroller of the City of Saint Paul, ..d which execution by the City Comptroller shall not be made until after approval as to form and content of the agreement by the Board of Trustees � � of the Minneapolis-Saint Paul Sanitary Diatrict, a resolution of the govern- J ing board of the 5uburb accepting and agreeing to abide and be bound by the � ..� � , . -33- � ' terrns, provisipns and conditions hereof and authorizing its proper officers , to execute said a�reement, and the passage of a resolutioM by the City Council of the City approving said agreement and authorizing execution of the same by ' the proper City officexs. , It is further agreed by and between the parties hereto that this agreement is subject to all of the terms, provi�ions and conditions of Ordinance No. 13840 ' of th,e C it of Saint Faul, a prov�d the 2'7th day af February 196$. Y � , Dated this day of , 1969. ' CITY OF SAINT PAUL In Presence Of: , B Y Its Mayor ' Its City Clerk � A pprove s to form: ' � First Assistant Coxporation Cou�sel C ounte rs igned: � Approved as to torm and execution ' this day of � 19b9. Its City Coznptroller � First Assistant Corporation �ounsel, , In Presence Of• TOWN OF NORTHDALE � BY Its C hairman ' Its C�e rk Approved as to forrn: � T own A tto rne y -34- ' ' In Presence Of• 'TOWN OF EAST OAKDALE By � Its Ghairman , Its Clerk Approved as to form: � Town Attorney , In Presence Of: TOWN OF OAKDALE ' B� - -- It s C ha i rman , Its Clerk Approved as to form: � T own A tto rne y � In Presence Of: TOWN OF WOODBURY i By Its Chairman � Its Clerk � Approved as to form: � T own A tto rne y In Presence Of: NORTHDALE, EAST OAKDALE, OAKDALE AND WOODBURY JOINT � SANITAR Y SEWER BOARD By � Its Chairman Approved as to forrn: � It s C le rk Attorney for Joint Sani- � tary Sewer Board -35- � ' �. .�� -.. —._ _. _..--R 22 W_____--_—_—.--_—_ �1.—___—__— —R 21 W n J.—_ � r � I i '--_ '_. ueY�s ��.._ ._. _.'____ .. � - � � �� s�` ' � �, � � � I � \ P�+ I 6 I 5 4 � 3 I 2 I y�.,, 6 � �/'1. . I . �� ! � --- - -- !—° � -- . --- , - , -� I --- —- -- I l K � � ) � $ � � i � i e � / 4 I 1 Z i � a�v s ' io �i � a s \ °�� -- � � . N "_—_—". _ —. .__'_ � � � T I yflV�JA.MiM1� IB 17 i IS I 4 13 18 I� . I / I � I � l c�a°te`� � m ' � N I � �\ ' � ! � __ . � YIPL VI /Ml 5� L 9T.P�Ip. � CITV ' LIM/TS r �. ' ��ORIGINRL M�P PREPARED i NOV.11� 1987 � an O �y1M0�12�TOx \� �eo. eavu�oa �\,\ 24 b 19 i ��;� � 1 - - , � 8��. EXHIBIT WN—A � 25 30 �----- -- � � ` � PART OF AN AGREEAIE/fT BETWEEN THE GTY OF ST.PAQL AND THE WONE � DISTRICT AUTHORILNG TME INTERCON- ' � NECTION OF PUBUC SEWERS. � �� LEGEND „�,,, I ................ �"' � 4U�XOXIZED LNN1S 0� SERVICE ____�(� -- � 31 � '_—_--• CRY OF 9L PNIL 9E'MER I�SED ��` I BV TIIE WONE DISTRICT ( WN-000 FACILRY CODE NUMBER I MSSO JOINT INTERCEPTON SEWEN � �� 000 M35D FACILm COOE NVMBFR �� _ �.s'r ir y— --- - M'000 Y OWNSH/P �/Y/l5 A�'d� i N \ � . .. �� 1 � I �\ � �� .�_._.._...,E \ LdY�� I i � . ' �\ ...� � I """ -. •N-106 ...�...J � \� 5 —� � b bF I I \ D� MM-10{ � -Qi 2 . I q � A� ' � '.� NM•IOS •� �.�i . � \ , I� rx-uo � � `�, ww-ioz e ._..._----- - ---- -- - ----�- \\�y r"-�;e/ � � ,.��l �_�/ \-ul �' °o g° � . ,'I.1 ��/wM-IIL e W W ' //�100 " � � �� \ I�/� n i �2 e 8 �l" oe (�' TM WONE ONhlal�wM�f Nwr l7p�/4 wiMetN N ��..•• o...,:: � I `.l �, 1M SI.IOUI Y��N�M�M Iw�dM 4rM�s hN�: \ 1�rt�� i. \ A.a�IMM1bPYlr�iwM�lY1l1YL71xsL� I MpN-St.f WI$bH>Y Dblrid ^OP��wel�d YN�r M10n MeN. '\ � $Nppepypp�olNMI �� 6etleNrYMIIM/��wMlbeylL '� St qlGa pTV t�NiTS 1 / T��we�IwuwMN�NNM��a1�l�eli�ry�h�wY —.. .. -. .. �� MEST ST GAUL L/TY L/M/TS / I OM11�011M M�11 N Y�MM�� y� 2 ' \ �.is.ss rsol e��l.ai�eaar.uh��r�.�iw i� N e.o.iw wo J i�wx-ioa�n�wx-wi U°u ' F ��E� � _""� Late ! \� 5� 13 W u 18 �- I-- -. � �``-�.�� I I I N � � -- -� �-- W E � � ' ' 4 19 20 21 I I I .S � \ ` RAM EY T MNTS " '" I � � '� WASXINOT COUNTY I ioa0 ioao �000 moo wm \1� l \ 26 25 30 29 28 � ` —!-�—R22W—.--_._ R21W—___-_. _—_- .�_. 1 .i' . . . _ .. .. .. . . . . . *�� EXHIBIT WN -B �..,'_; BASIS FOR ESTIMATING VOLUME O�" SEWAGE ...� d All of the authorized points of �onnection as ahown on Exhibit WN-A ..,�.-• are to be metered. Therefore this exhibit does not apply to the Wone District, �' �.r r�' . � . . . � , � . .. r i � . �.r � . . . . . . _ . .�. lJ � �� .. �. . � .. . . � � . ' . � �. � � � . _ . .. u �� . � � . � � . . . . � . . . . . �. . .� �. �� . . . � . . � � � ' � . . � � .�� . � � � � . . . � � . �� '�.r.: � - � . '� . . . ' . � . ' . . '.�.! _ � . . . . � . .. I � .. . � . . . . . . . .. • . �,. . ,V . � � � . � ' - . . � � ' . .. � . . . � � � .. IY�i � . . � � ' , � ':� . . . . � . . . , � .. � _� '� SCHEDUL� WN -1 V . � TREND FACTORS 1930 to 1964 '�1� Sewage Treatmer�t T�lar�t Sewer Construction Trend Factox Trend Factor Year Index December 3I 1964 Index December 3I, 1964 � 1930 31 . 0 3. 681 33. 3 3. 634 Z931 29. 4 3. 881 31. 9 3. ?93 -- 1932 28. 1 4. 060 30. 6 3. 954 � 1933 28. 6 3. 990 30. 0 4. 033 1934 31. 6 3. 611 32. 8 3. 689 � 1935 31. 5 3. 622 31. 5 3. 84I 193b 34. 9 3. 269 36. 4 . 3. 324 r--. 1937 40. 1 2. 845 40. 5 2. 988 `� ' 1938 38. 4 2. 971 40. 0 3. 025 1939 3$. 7 2. 948 40. 1 3. 017 '� 1940 . 39. 1 2. 918 40. 4 2. 995 1941 39. 7 2. 874 41. 0 2. 95I 1942 40. 3 2. $31 43. 3 2. ?94 .,� 1943 40. 1 2. 8�5 43. 2 2. 801 1944 40. 7 2. $03 43. $ 2. 763 (� 1945 � 41. 5 2. 749 45. 0 2. 689 1946 45�. 7 2. 497 50. 4 2. 401 � 1947 55. 6 2. 052 60. 5 2, 000 :� 1948 65. 1 1 . ?53 68. 7 1. 761 1949 65. 1 1. ?53 ?0. 1 1. ?26 � 1950 69. 2 1 . 649 73. 4 1. 649 1951 74. 7 1 .527 79. 3 1. 526 1952 76. 2 1. 497 80. 1 1. 511 ;� 1953 81. 6 1. 398 86. 7 1. 396 1954 84. 6 1. 349 89. 3 1. 355 � 1955 88. 9 �. 283 93. 5 1. 294 1956 94. 3 1 . 210 103. 5 1. 169 1957 99. 8 1 . 143 ' 104. 6 1. 15? � 1958 104. 5 1. 092 111. 3 1. 087 1959 107. 7 1. 059 117. 0 I. 034 1960 � 108.. 8 1 . 049 117. 8 1. 02? '� 1961 109. 9 1. 038 119. 6 1. 012 t 1962 110. 1 1. 036 120. o I. 008 1963 111. ? 1. 021 120. 5 1. 004 1964 113. b 1. 004 120. 5 I. 004 � Jan. 1965 1 i 4. 1� 1. 000 121. 0� I. 000 �Cost Indexes in effect 3anuary, 1965 used aa basis of Dec. 31, 1964 trend factors. Note: Trend factore based on U. S. Publi.c Health Service Diviaion of Water Supply � and Pollutitot� Control Co�t Indexes for Minneapolie. :,.,i� . � � . � � . �, SCHEDULE WN -2 �'� TREND FACTORS � Pxior 1903 to 1930 .-, Trend Factor Adjusted Trend {� ENR to 1930 Factor to De r.ember 31, Year Index Average I9641b� �� Prior 1903 87�a� 2. 333 8. 478 1903 94 2. 160 7. 849 "° 1904 87 2. 333 8. 478 �...` 1905 91 2. 231 8. I07 1906 95 2. 137 7. 766 � 1907 101 2. 010 7. 304 ` 1908 97 2. 093 7. 606 1909 91 2. 231 8. 107 � 1910 96 2. 115 7. 686 1911 93 2. 183 ?. 933 1912 . 91 2. 231 8. IO? �• 1913 100 2. 030 7. 377 1914 89 � 2. �81 8. 289 � 1915 93 2. 183 7. 933 "'� 1916 130 1. 562 5. 676 • 191? 181 1. 122 4. 077 '� 1918 189 1. 074 3. 903 `` 1919 198 1. 025 3. 725 i9�2o 25l . 809 2. 940 � 1 q21 202 1. 005 3, 652 1922 1?4 1. 167 " 4. 241 � 1923 214 . 949 3. 449 1924 215 . . 944 3, 430 , 1925 207 . 981 3. 565 � 1g26 208 . 976 3. 547 1927 206 . 985 3. 579 1q28 20? . 981 3. 565 � 192q 207 . 981 3. 565 � 1930 203 1. 000 3. 634 � (a) Lowest Index Uaed for Construction Prio r to 1903 (1904 Index). (b) 3. 634 Timea Trend Factors Shown to 1930 Average. � Note: Trend factors based on national average Engineering News-Record � Construction Coat Indexes. Adjusted from 1930 average to December 31, 1964� based on U. S. Public Health Service Sewer Construction Index � faz Minrieapolis, Schedule WN.1 � ,.� ' ,� � SCHEDULE WN -3 WEIGHTED AVERAGE TREND FACTOR � Basis of Trend Factor Weighting for Minneapolis-Saint Pa�al Sanitary Dietrict Facilities � Treatment Plant Joint Interceptor Contract Percent Contract Percent Year Cost�a� of Total Cost �a� of Total � $ % � °�� 1934 2, 406, ?46. 70 :J. 0? 1935 266, 836. 89 7. 3� 2, 181,426. 53 36. 32 � 1936 1, 829, 739. 92 50. 35 1, 155, 958. 30 19. 24 193? i,406, 108. 76 38. 69 143, 171 . 67 2. 38 1938 131, b86. 80 3. 62 119, 476. 82 � 1. 99 Total 3, 634, 372. 37 100. 00 6, 006, 780. 02 100. 00 �, . Treatment Plant Weighted Average Trend Factors � Wei hted Avera e Trend Factor�d� USPHS Percent To 19 1 0 19 o ecem er , � Year Index�b� of Total Base Base 1964 Base " 1935 31. 5 � . 17�4 . 178 . 266 1936 34. 9 50. 35 1. 07? 1. 099 1 . 646 � 1937 40. 1 38. b9 . ?21 . 735 1. 101 '"" 1938 38. 4 3. 62 ._ 070 . 072 . 107 100. 00 2. 042 2. 084 3. 120 � 1951 74. 7 � 1952 76. 2 � Jan. 1965 114. 1 w; Joint Interceptor Weighted Averaqe Trend Factor . ' Weiqhted Average Trend Factor�d� _ � USPHS Percent To 1951 To 1952 To December 31, � Year Index�e� of� ' Ba�se_,_„� Base 1964 Base � 1934 32. 8 40�07 . 969 . 979 1. 478 `" 1935 31 . 5 36. 32 . 914 . 924 1. 395 1936 36. 4 19. 24 . 419 . 423 . 640 � 1937 40. 5 2. 38 . 047 . 047 . 071 ` ; 1938 40. 0 1. 99 . 039 . 040 . O60 100. 00 2. 388 2. 413 3. 644 � 1951 79. 3 • � 1952 80. 1 ' � Jan. ly b 5 121 . 0 w= � (a) Based on Public Examiner'e Report of December 9, 1940. (b) Based on Sewage Treatment Plant Indexea, Schedule WN-1 � (c) Based on Sewer Construction Indexea, Schedule WN-1 =�. (d) Base year index divided by annual index, timee pezcent of total. � �.. � � .�� . , �'� SCHEDULE WN-3a CONDITION PERCENT - MSSD SEWAGE TREATMENT PLANT �'� (To December 31, 1964) (1) Year Condition �� Completed Percent (2) . . 1938 33. 75 �� 3q 36. 25 " 40 ` 38. 75 �� 1941 41. 25 { 42 43. 75 43 46. 25 � 44 48. 75 ` 45 51. 25 � 1946 53. 75 ,}7 56. 25 48 58. 75 � 49 61. 25 ` 50 63. ?5 � " 1951 66. 25 52 68. ?5 53 71. 25 .� . 54 73. 75 � 55 ?6. 25 � 1956 78. 75 57 • 81. 25 58 83. ?5 � 5q 86. 25 60 88. 75 � 1961 . 91. 25 _ 62 93. 7� 63 96. 25 � 64 98. ?5 (1) Assuming facilitiee used from July lst of the year completed� � 'ated. (2) Represents percent remain�ng undepreci � ` , � - r � � � SCHEDULE WN -3b CONDiTION PER CENT - SEWER LINES (1) � (To December 31, 1964) . Year Condition Year Condition Year Condition '� Completed Percent (2) Completed Percent (2) Completed Percent (2) 1885 0. 626 1921 45. 625 1951 83. 125 22 46. 875 52 84. 375 � 1886 1. 875 23 48. 125 53 85. 625 8? 3. 125 24 49. 375 54 86. 875 ' , gg 4. 375 25 50. 625 55 88. 125 . g9 5. 625 90 G. 875 1926 51. 875 1956 89. 375 -' 27 53. 125 57 90. 625 1891 8. 125 28 54. 375 58 91. 875 92 9. 375 29 55. 625 59 9 3. 125 � 93 10. 625 • 30 56. 875 60 94. 375 _ _ 94 11. 875 q5 13. 125 1931 58. 125 1961 95. 625 --, 32 59. 375 b2 . 96. 875 ig96 14. 375 33 60. 625 63 98. 125 97 15. 625 34 61. $75 64 99. 375 � 98 16. 87 5 35 63. 125 � 99 18. 125 1900 19. 375 1936 64. 375 � 37 65. 625 - 1901 20. 625 38 66. 875 2 21. 875 39 68.°125 � 3 23. 125 ' 40 69. 375 -� 4 24. 375 5 25. 625 1941 70. 625 � 42 71. 875 1906 26, 875 43 , ?3. 125 7 28. 125 44 74. 375 , g 29. 375 45 75. 625 � 9 30. 625 10 31. 875 1946 76. 875 � 47 78. 125 1911 � 33. 125 48 79. 375 � 12 34. 375 49 80. 625 ,;� 13 35. 625 50 81 . 875 ` 14 36. 875 _ � 15 38. 125 . � �- 1916 39. 375 (1) Aseuming facilities used from July lst of the year 17 40. 625 corr�pleted. ;'� 18 41 . 875 � 19 43. 125 (2� Repreeents percent remaining undepreciated. ZO . 44. 375 � . , . r.,. .� ..� SCHEDULE WN -3c FLOW VARIATION FACTORS '� VARIOUS SEWAGE FLOW VALUES FOR �� Average Annual Flow Variation Sewage Flow Limits `„� Factor MGD 4 Q 0. 00 to 0. 11 .., 3 q 0. 1 Z to 0. 18 �� 3 8 0. 19 to 0. 2 3 3 7 0. 24 to 0. 29 '"` 3. 6 0. 30 to 0. 39 �..,� 3. 5 0. 40 to 0. 49 3. 4 0. 50 to 0. 64 � 3. 3 0. 65 to 0. 79 �.1�■► 3. 2 . 0. 80 to 0. 99 3. 1 1 . 00 to 1 . 19 3. 0 1 . 20 to 1 . 49 .� 2. 9 1 . 50 to 1 . 89 2 S . 1 . 90 to 2. 29 � 2. 7 Z. 30 to 2. 89 �- 2 6 2. 90 to 3. 49 2 5 3. 50 to 4. 19 � 2 � . 4. 20 to 5. 09 � 3 5. 10 to 6. 39 2 2 6. 40 to 7. 99 � 2 Z $. 00 to 10. 39 ;,� . 10. 40 to 13. 49 2. 0 1. 9 13. 50 to 1?. 99 1 s 18. 00 to 29• 99 �,� 1 7 , over 30. 00 � �.., �� .. � (1) Values taken from Figure 21-8 "Report on the Expansion of Sewage � Works in the Minneapolis-Saint Paul Metropolitan Area" Volume , : Three, September 1960. r� . ;� ,� -� 1 � IPEAK DESIGN RATE OF DISCHARGE SCNEDULE WN-4 IN MSSD INTERCEPTOR SEWER , (BASED ON PROBABLE SATURATION CONDITIONS) i. , NORTHDALE , ND-1 ND-2 TOTAL ND � OAKDALE TNP OAT-1 ' OAT.-2 TOTAL OAT. , E. OAKDALE TNP EOT-1 (150%) , LANDFALL ' LA-1 NOODBURY TINP. ' INOT-1 (847G) WOT-2 ( 7% ) MOT-4 (79x) , TOTAL WOL TOTAL PEAK DISCHAR6E ' ' � � � , , , � S�HEDULE WN-5 CALCUJ,�A'�'�Q�T OF WONE DIST�tICT'S � CAPITAL .A�FORTIONMENT �T THE ,�v1S5D INTERGEPTOR SEWER (5ee 5ection �, Su,bdi�vision 2 of Agreemen�) ' ' Facility Code No. 100, Joint Int�rceptor A.long Chi.ld's Road From Treatment P1ant to the B�tt.le CrEek 5ewer. , Size - 9'-6" x 10'-0" Doub.le Barrel Box Sewer A vai.lab.le C apacity- �i 19 MGD Length- 1453 Feet , Con�tru�tion C ost $137, 831 Origina.l Gost Less Federa.l Gra.nt 99, 927 � Reproduction Cost - 3� 644 �� x $99,�92�7 = $364, 134 Present Depreci�.ted Va.lue 66. 875% x $364, 134= 243, 515 ' - A ppropriated C apac�ty 11� 572 MGD �3� Percent of Avai.lab.le Ca.p�.city 1. 869 � D�stricts C'apj.ta.l Apportionment 1. 869% of $243, 515= $4. 551 (1) From ��k�ed�:le WN-� � (2) From Schedule W1�T-36 (3) From Schedu.le WN-4 � ' � ' � � ' � � � i � ,SCH�DULE WN-6 � SCHEDULE WN-7 SCH�DULE WN-8 � � The �.bpve Schedu.leS do not apply to the Wone District since a1.1 sewage from the District is conveyed to the MS5D Treat- � rnent p.lant thrqugh City of Saint Pau1 sanitary sewers and the MS5D Interceptor 5ewer� � � � i � � � � � � t ' ' PEAK DESIGN RATE OF DISCHARGE SCHEDULE WN-9 IN BATTLE CREEK SEWER , (BASED ON PROBABLE SATI�RATION CONDITIONS) AL ' fACILITY SEM�BE ISCH. CODE N0. FROM � , NN-105 ND-1 le THRU ND-2 t0 WN-1038 OAT-1 B� ' OAT-2 76 EOT-1 (150I) 20 LA-1 24 , WOT-1 (64%) 43 WOT-4 (79'/.) 72 TOTAL 90 , NN—li3 , THRU WOT-2 (7%) 48 NN-112 wN-� �t ' THRU WOT-2 (7%) �s NN-110 ' NN-103A ND-1 62 THRU ND-2 98 IMN-101 OAT-1 B� ' (1) OAT-2 15 E0T-1 (150I) 21 LA-1 41 WOT-1 (84%) '8� ' WOT-2 (7%) i35 WOi-4 (79%) '30 � TOTALS 27 (1) ESTIMATED FLOW REDUCED TO 32.35 ' � , � , , � CALCULAiION OF WONE DISTAICT°S SCHEDULE WI�10 CAPITAL APPORTIONMENT IN THE ' BATTLE CREEK SEWER SYSTEM FACILITY DESCRIPTION NT APPRtlPRCATED PERCENT OF DISIRICT°S CODE & SIZE ATE� CAPACITY AVAILABLE CAPITAL NUMBER LOCATION E MOD (3) CAPACITY APPORTIONMENT � wN-101 BATTLE CREEK SYPHON 3—BARREL NN-102 FROM 101NT INTERCEPTOR 24°=1B'=953 4.527 20.829 5 204,885 ' NN-103 TO HEAD HOUSE MN-103 SR TUNNEL ABOVE HEAD HOUSE 329 13.890 62.397 24,540 wN-103 NORTH TNUNK SEWER THROUGH NN-104 BATTLE CREEK PARK TO APpRO'X. 33°° & 3802 13.890 64.242 80,i75 1 ■N-105 500 FT. N. OF UPPER AFTON RQ NN-110 BATTLE CREEK S. INTERCEP?OR } 33°° SEW204 .118 .801 851 ' wN-111 ALONB PT. DOU6LAS ROAD , 12°° & 30 wN-112 LOMER AFTON RQAO �go• 182 .148 1.922 119 MH-112 LOwER AFTON ROAD } 15�� 712 .148 2.277 859 IIN-113 LONER AFTON ROAD � TOTAL APPORTIONMENT $ 311,429 � � (1) FROM SCHEDULE NN-1 (2) FROM SCHEDULE WN-36 (3) FROM SCNEDULE WN-9 � (4) TOTAL EST. PEAK FLON (5) CURRENT COST ESTIMATED AT S 15,15 ' � ' , � � � - , ' �. :� � EDULE WN-11 SCH � MINNEAPOLIS-SAINT PAUL 5ANITARY DISTRICT SEWAGE TREATMENT PLANT CAPITAL ADDITIONS, 1938-i9E1 •� Value as of December 31, 1964 Trended Trended Original � Capital Trend b Original Conditi� , Cost Less Year Additions�a� Factor � � Cost Percent � Depreciation $ $ % $ �� 1) �2) �3� �4� �5� �6� 1938 � 4, 725. 60 2. 971 14, 040 33. 75 4, 740 1939 3, 199. 8� 2. 948 9,430 36. 25 3,420 `� 8 32 . 39 2• 918 24, 310 38. 75 9, 420 1940 , 9 � 1941 4, 356. 62 2. 874 12, 520 41. 25 5, 160 � 1942 3, 9�9. 4� 2. 831 11, 240 43. 75 4, 920 � 1943 680. 3? 2. 845 1, 940 46. 25 900 � i944 q71 . 99 2. 803 2, ?20 48. 75 1, 330 1945 3, 686. 28 2. 749 10, 130 51. 25 5, 190 � 19�6 1, 222. 69 2. 497 3, 050 53. 75 1, 640 194? 7, G64. 41 2. 052 15, 730 56. 25 8, 850 1948 (19, 44F.,. 36) - (19, 450) - (19, 450) :� 1949 10, 1 E.,O. 11 1 . 753 17, 810 61. 25 10, 910 1950 23, 802. ?0 1. 649 39, 250 63. ?5 25, 020 ' � 1951 208, 082. 93 1 . 527 317, 740 66. 25 - 210, 500 I 1952 14, 051 . 5� 1 . 497 21, 040 68. 75 14, 470 1953 18, ?92. 72 1 . 398 26, 270 ?1. 25 18, 720 � 1954 24, 528. �4 1 . 349 33, 090 '73. 75 24,400 1955 6, 201 . 8�d� 1 . 283 ' 7, 960 76. 25 6, 070 � 1956 128, 193. 22�e� 1. 210 155, 110 ?8. 75 122, 150 1957 15, 734. $l�f� 1 . 143 17, 980 81 . 25 14, 610 1958 12, 348. 50�f� 1. 092 13, 480 83. 75 11, 290 � 1959 4, 077. I7�f� 1. 059 4, 320 86. 25 3, ?30 1960 34, 173. E>8�f� 1. 049 35, 850 $8. ?5 31, 820 � 1961 34z872. 82�f� 1 . 038 36, 200 91. 25 33, 030 Total 554, 3$1. 29 8�.1, 760 552, 840 � (a) Based on Sanitary District records of original cost. . (b) Based on Sewage Treatxnent Plant Trend Factore, Schedule WN-1 � (c) Based on estimated 40 year life of facilities with depreciativn at 2. 50% per year. ' � ' (dj Excludes land acquiaitions. (e) Excludes land acquisitians and program of reaearch and investigation. -� (f) Excludes program of research and investigation. � :, M, SCHEDULE WN _ 12 ' MINNEAPOLIS-SAINT PAUL SANITARY DISTRICT '"' SEWAGE TREATMENT PLANT DECEMBER 31, 1964 VALUE "^� Facilities Constructed . Prior to December 31, 1961 �, Original Construction Cost of Sewage Treatment , Plant 1935 to 1938 $ 4, 044, 315 Obsolescence and Retirements to December 31, 1964 666, 378 �L Construction Cost Less Obsolescence and Ret}r�mente $ 3, 377, 937 � Weighted Trend Factor to December 31, 1964�a 3. I20 Trended Original Cost $ 10, 539, I60 � Condition Percent�b� 33. ?5% �` Trended Original Cost Less Deprec iation of Original 1935-1938 Construction $ 3, 556, 970 � Federal Grant Credit on Original 1935-1938 Construction at 27. 5%�� 978, 170 � Decernber 31, 1964 Value of Origixia� �onstruction $ 2, 578, 800 Value of 1938-1961 Capital Additions d $ 552, 840 ~� Land Acquisitions 1938-1961�e� $ 246, 220 � Pro�ram of Research and.Investigation ��.. (to December 31, 1961)�e� $ 502, 660 � Total December 31, 1964 Value of Minneapolia-5aint Paul Sanitary District Sewage Treatment Plant, for Construction prior to December 31, 1961 $ 3,880, 520 � � Diatrict's Capital Apportionment 1.458 MGD �fl x $3, 880� 520 = " 25, 953 218. 0 MGD ' � . (a) Based on 5ewage Treatment Plant weighted Trend Factor, Schedule WN-3 (b) Based on estiznated 40 year life of facilities with depreciation at 2. 50 , percent per year, frorn 1938 to December 31, 1964 from Schedule WN-3a (c) 27. 5% Based on; Total 1934-1938 Construction Coets $10, ?14, 350 tTotal Federal Grante 2, 9�2, 5b5 Federal Grants expressed as percent , of total 1934-1938 conatruction coeta 2�7, 5% �d) Bas ed on Schedule �N-1� (e) Original Cost. ' (f) Schedule WN-13 � . . � � SGH�DUI�E WN-13 BASIS FOR I?ETERMINING DISTRZCT 'S SEWAGE 'TREATMENT PLANT CAPACI'�'Y REQUIREMENTS t (For Purpos� of this Agreement u�e the Values estirnated for 1970 Average Annua.l Flow, expressed in MGD- Mi11io� Ga.ilpns Fer Day) � Sewer Sewered Dom.9WG Gom-'.l & Znd Infi.ltration Tota.l District Fopu.lation MGD MGD MGD MGD , ND-1 700 . Q42 . 020 , 019 , 081 ND-2 1200 . Q72 . O 10 . 055 , 137 ' OAT-1 4600 . 275 . 050 . 097 •422 OAT-2 1500 * 090 . O 10 . 031 , 131 � EOT-1 (150%a) 750 . 0�5 . 105 . 036 , 186 ' LA-1 500 . 030 . 010 . 008 . 048 WOT-1 (64%) 1280 . 077 . 192 . 070 a 339 ' WOT-2 (7%) 28 . 002 . 005 . 002 . 009 WOT�4(79%) 237 . 014 . 055 . 036 . 105 � Tota.is 10795 . 647 .457 . 354 1.458 , � r � � t � i 1 ; � � SCHEDULE WI�-14 � BASIS FOR DETERMINING SUBURB'5 CAPITAL APPORTIONMENT IN NEW M. S. S. D. SEWAGE TREATMENT PLANT (See Section 5, Subdiviaion 5 of Agreement) � � At the tirne of this agreement the new M. S. S. D. aewage treatment is under construction and only partially completed and in partial operation. The actual coats of this plant cannot be known until the work is finished. `°'"` On A ril 25 1966 the Board of Trusteea of the M.S�. S. D. by Resolution P � No. 1124 adopted a revised estimate of total cost of $27, 150, 000. 00. This estimate represente net cost after deducting anticipated Federal grant money. 4. Suburb's capital apportionment ahall be based on this estimate. Adjust - � ments with appropriate additions or credits to Suburb shall be made when final costs are audited. � Diatrict's Capital Apportionment - New MSSD Treatment Plant , 1. 458 MGD � x $27, 150, 000 = $181, 581 � 218.0 MGD :.l� �� -� r•� Mi � • � '� �� Schedule WN-13 �� .,� � �.,._ r� • �.�r � � � SCHEDU�E WN- 15 � GREDIT FOR CAPITAL PAYMENTS Village of Landfa.l.l � 0249R 0310R 0930R Sewer Mtnc Sewer Rental Inex°,Sewe�r R, � 1963- 3rd Quarter - - " - 4th �2uarter - - ° 1 1964 lst Quarter $ 354, 50 $157. 51 $152, 00 2nd Quarter 326. 50 154. 09 1490 75 � 3rd Quartex 308. 50 154. 09 1�k9a 75 4th Quarter 320. 50 154. 09 149. 75 � 1965 .lst Quarter 361. 00 173. 84 170. 00 �nd Quart�r 361. 00 173, 84 170, 00 � TQtals $2, 032. 00 $967. 4b $941e 25 � CREDI'Z' � 2/3 0� 0�49 R A.l.l of 09�30 R � CREDIT - Vi.11age of Landfa.l.l 2/3 of $2, 032 = $1, 354. 67 + 941. 25 = $2, 295e 92 � � � � � � � � ' , � SCHEDULE �N- 16 CREDI'� FOR DIR�G� CASH CONTRIBUTIONS TOWARD � CON5TRUCT�ON COST OF JOINTLY USED FACILITIES � Does not app.ly to the Wqne District as no direct contributions were made by the District toward� construction of jointly used sewers for � conveyiz�g sanitary 5ewage. , ' � � � , � � � , , � f � SCT��AULE W�T-17 � 5U1vIMAR'Y OF TO'�'AL� GAPITAL APPORTIONMENTS A�TD CREDI�S ' Ca^pital Ap�or�ionran�nts -. {SeGtion 5 qf A�reernent) Title Reference Schedule Amount � MSSD Interceptor � (Subd. 2) WN-5 $ 4, 551 Jointly Used City Sewers (Subd. 3) WN- 10 311, 429 ' Existing MSSD Sewage � T reatment W orks (Subd.�4) WN- 12 25, 953 New MSSD 5ewage � T reatment W orks (Subd. 5) WN- 14 18 l, 581 T otal C apita.l A pportionmen.t $523, 514 ' C a ita.l C redits - (S ection 9 of A reemer�t) � Capita.l �ost Payments (Vi11a�e of Landfa.l.l) WN-15 $ 2, 296 Direct C ash C on�ributions W�i- 16 - � otal. C redits $ 2, 296 � � N et C apita.l A ppq rtio�nment $521, 218 � (Quarterly payments if paid in 12Q eaual installments - $ee Subd 2, S�ction 5). $7, 036 ' , 1 . � ' '