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208084ORIGINAL TO CITY C¢.ERK - PRESENTED BY COMMISSIONE CITY OF ST. PAUL OFFICE OF THE CITY CLERK URCIL Ru6LUTION— GENERAL FORM 208084 COUNCIL FILE NO. — RESOLVED, That the proper officers of the City of Saint Paul are hereby autho ized and directed to execute the proposed contract for wateriservice between the Board of Water Commissioners of the City of Saint Paul, Minnesota dnd the Village of Maplewood, Minnesota, a copy of said contract being attached hereto and made a (part hereof by reference. COUNCILMEN Yeas Nays Dalglish Holland Loss Mortinson PP+egon Rosen 10hi 6-62 Council File No. 208084 —By Bernard +.,T, Holland — jResolved, That- the proper officers of the City of Saint Paul are hereby authorized and directed to execute Lthe proposed contract for water service between the Board of Water Commis - oners of the City of Saint_ Paul i Minnesota and the Village of Maple - I °' wood, Minnesota, a copy of said con: tract being attached hereto and made a part hereof by reference: I Adopted by the Council July 12, 1962. { Approved July 12, 1962. I (July 14, 1962) � 2 Adopted by the Council Jul- 1 19- JUL 121962 Approve 19— Favor Aze�� dctcnq Mayor f i 208084 ' Jr r _pUPLICATE TO PRINTER CITY OF ST. PAUL COUNCIL /' OFFICE OF THE CITY CLERK FILE NO. COUNCIL RESOLUTION — GENERAL FORM PRESENTED BY COMMISSIONER DATE _- RESOLVED, That the proper officers of the City of Saint Paul are hereby authorized and directed to execute the proposed contract for water; service between the Hoard of Water i Commissioners of the City of Saint Paul, Minnesota dnd the Village of Maplewood. Minne�otap a copy of said contract being attached hereto and made a art hereof by reference. COUNCILMEN Yeas Nays Dalglish Holland Loss Mortinson ete o Rosen _fix , avou is 10M 6-62 ?avor V A gainst ,0 -120 Adopted by the Council 19— MIL Approved 19— Mayor RESOLUTION Trustee Gilbert introduced the following resolution and moved its adoption: WHEREAS, officers of the Village of Maplewood and the attorney for said Village have concluded negotiations with the City of St. Paul for the purchase of water from,St. Paul on a retail basis, said contract containing provisions for a chahnge over to wholesale purchase in whole T- or in part, at the option of Maplewood, and WHEREAS, the Attorney f9r the Village of Maplewood has reported to the Council that the said contract has been fully negotiated and is now ready for signature, BE IT RffiOLVED, by the Council of the Village of Maplewood, that the Mayor and Clerk are hereby authorized and directed to execute the contract between the Board of Vater Commissioners of the City of St. Paul and the Village of Maplewood, entitled "Contract for Water Service ", and BE IT FURTHER RESOLVED, that the Clerk of the Village of Maplewood is hereby directed to execute a certified copy of this resolution and attaoh same to the said contraot and forward all copies of the contract when executed by the Mayor and Clerk, together with the certified copy of the resolution, to the St. 71 Board of Water Commissioners. Seconded by Trustee Wiblishausex. Ayes - all STATE OF MINNESOTA) COUNTY OF RAMSEY) VILLAGE OF MAPLEWOOD) I, the undersigned, bleing the duly qualified and acting Clerk of the Village of Maplewood, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of March 29, 1962, of the Village of Maplewood, with the original on file in my office, and the same is a full, true and complete transcript therefrom insofar aslthe same relates to Contract for water service. Witness my hand as such Clerk and the corporate seal of the Village this 31st day of March, 1962. �,� 210 � • �� Z ��� Millage Clerk illage of Maplewood Minnesota ti #0 CONTRACT FOR WATER SERVICE I between the BOARD OF WATER COMMIS SIONERS OF SAINT PAUL, MINNESOTA, and the VILLAGE OF MAPLEWOCD, MINNESOTA This contract made and entered into this day of s , 1962, by and between the Board of Water Commissioners of the City of Saint Paul, a municipal utility located in Ramsey County, Minnesota, hereinafter called the "Board" or "Water Department" and the Village of Maplewood, a municipal corporation located in Ramsey County, Minnesota, hereinafter called "Maplewood ". WITN ES S ETH : That the said parties, it consideration of the mutual covenants and agreements hereinafter set forth, have agreed to and with each other as follows: 1. TERM OF CONTRACT This contract sh execution hereof, unless contract may be canceled contract or by the Board United States of America all be for a term of twenty years from the date of terminated earlier as hereinafter provided. This by eith�r party for cause constituting breach of this if laws are enacted by the State of Minnesota or the which slubstantially and adversely affect rights, duties or obligations of the Board under this contract, or it may be terminated at the end of fifteen years of the term by written notice of such intent to terminate given by either of the parties �o the other at any time during the fourteenth year of said term. 2. WATER SERVICE A. The Board agrees to furnish the water requirements of Maplewood and its residents for domestic, commercial, and fire protection purposes under t normal static pressure in its mains at the points of connection by Maplewood. It is understood and agreed, however, that the Board undertakes to supply such I t I I f I k o � R 4 1 . i I 6 water only in case the pressure in its mains is sufficient to enable it so to do, and the Board assumes no responsibility for failure to supply water resulting from acts or conditionsi beyond its control. B. The quality of water I furnished to Maplewood shall be the same treated water supplied by the Boa rd to its other consumers. C. No supplemental supply of water shall be connected to the Maplewood i water system being served by the Board without the approval of the Board. D. Maplewood further agrees that the use and distribution of water in Maplewood, derived from the supp] y furnished from the mains of the Board, shall at all times be governed by the r1he ules, regulations, and conditions which the Board has heretofore adopted in e City of Saint Paul, or which it may hereafter adopt in said city from time to time for the preservation, regulation, and protection of its water supply, and Maplewood agrees to adopt the rules, regulations, and requirements of.the Board now in force or that may hereafter be adopted, in connection with the use of water by it in Maplewood, and to i enact such rules, regulations, and requirements into ordinances or otherwise f make them legally effective and binding, within sixty days after the execution of this contract, and to enact any amendments thereto adopted by the Board, within thirty days after being notified of such adoption and to adopt suitable 4 penalties for the violation of any thereof, and to strictly enforce such rules, I regulations, and requirements insofar as they apply and are not in conflict with the provisions of this agreIement. E. It is further agree that the Board, through its officers, agents and employees, shall have the same authority and jurisdiction in the enforcement of such rules and regulations in Maplewood that they have in the City' of Saint Paul, and Maplewood agrees that when complaint is made to it by any of the officers, agents or employees of the Board of a violation of the aforesaid t rules, it will take immediate a�d effective steps to prevent the further violation of such rules regulations, and�re irementa and punish the violators thereof, and that it will make it the duty of its attorney to prosecute any violations -2- ''`eilr., +_+r.4`'� "r��;c 'E- =: �.„g';�,- ,,�., � V Yp� '�' -. . -1 rn, ...t• +i.�r . .. _ - - _- + `' r t'}l� . ' .� S.T .�.� I'll i �•-�+ '4A -FF r %'Y � Y�- } 1 S • � , r- � ' � -�/�, �":• - ;`r_,� � - a ",`• a t"L.7:f <' a '+ � � ., 'a - � _ '•�Ce . �.= < <ai. . �, ..dw �,; -.a �+..+•: ..k��;�,.G _ - k 9+k ..... ++SW E..��w..� d. ' Sw:+. •` - - — .. V..... . ". I w3+w....s t�wk = yk •z..it.- �4 ., I of such rules, regulations, and rdinances upon complaint being made of the I violation thereof by the Board o by any of its officers, agents or employees. 3. UATSB SYS'M FACILITIES � o A. Maplewood agrees to construct or have installed at its own expense adequate and suitable water maini s and appurtenances adequate for -the distribution of said water within the corporate limits of Maplewood in accordance with specifications and standards acceptable to the Water Department. Plans of all extensions to the Maplewood system connecting to the Boardls water supply shall be subriitted for approval by the Board before advertising for bids, the awarding of contracts, or actual construction is begun. i B. That said mains, appurtenances, services and connections shall be I 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. Maplewood shall, by,the enactment of suitable rules, regulations, I or ordinances, require that Ail 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 standards as are required for the same or similar work in the City of Saint Paul. D. It is agreed that al•1 service connections from the main to the property line shall be installed by the Board under rules identical with these iri effect in the City of Saint Paul or as may hereafter be modified by the Board. The charges for such service connections ahll be in accordance with the schedule of charges established from time to time by the Board for customers i outside the city limits of Saint Paul; provided, however, that the Board shall not charge Maplewood customers "more than 110% of the charges made to those in Saint Paul, or more than the lowest charge made to any customer outside i Saint Paul for like service. New applications for water service connections _3- shall be made to and through the Board, and each applicant shall furnish the I Board a certified street address established by Maplewood. E. It is agreed that Maplewood shall make no extensions to its I distribution system beyond the corporation limits of Maplewood without the I written approval of the Board. F. Maplewood agrees to permit the Board to make connections to and have joint use of so much of the later system owned by Maplewood required for extensions beyond the corporate limits of Maplewood if deemed feasible and desirable by the Board and not detrimental to the supply within Maplewood; the Board will pay Maplewood for any such use, the amount of such payment to be negotiated by the parties hereto. I G. The Board, through its officers, agents and employees shall have I the right at all times to examine, inspect and test any materials or workmanship used or to be used in connection with the waterworks system of Maplewood and supplied with water by the Board for any thereof or connections thereto, for the purpose of determining whethelr or not they comply with the foregoing t provisions, and shall have the right to examine and inspect the materials and workmanship and methods of installation of house plumbing connecting with said waterworks system for the same purpose. Maplewood shall pay the Board the i actual cost of said inspection on new water main and appurtenance instaJ.lations whenever installed by others thai the Board. H. Except as hereinaftel provided, the Board agrees to maintain and I make all necessary repairs to the waterworks system of Maplewood, supplied with water b the Board to keep the same in Y , p proper repair and condition to i prevent any waste of water, and Maplewood further agrees that the Board may make emergency repairs to the waterwoIrks system of Maplewood, and the cost of such maintenance shall be the sole expense of the Board. The restoration of semi- permanent or p permanent street type surfaces of Maplewood damaged or destroyed in connection with maintenance, repair, construction or reconstruction work to be done b the Board y pursuant to the provisions of this agreement shall be done I by Maplewood, at its sole expense, and any and all expenses or costs resulting 1 -4- to the water supply system in Maplewood in connection with the maintenance or repairs of public streets, alleys or rights -of -way due to change of grade on such streets, alleys, rights --of -way or any other change resulting from action of Maplewood as such changes affect mains, services and appurtenances within Maplewood, shall be borne by Maplewood. Maplewood hereby agrees that I it will proceed with reasonable 'promptness to restore semi- permanent or permanent street type surfaces of Maplewood damaged or destroyed in connection with maintenance, repair, construction or reconstruction work done by the Board after notification by the Board through its officers or employees that I the Board has concluded its wor� on any given project in a street requiring restoration of semi - permanent or permanent street type surfaces. I It is further agreed by'and between the parties to this agreement that I where Maplewood constructs or contracts for the construction of new mains, services and appurtenances to be connected to the system and supplied with water by thu Board pursuant. to the terms, conditions and provisions of this i agreement, that the Board shall !not be responsible for the maintenance or repairs to such newly constructed additions to the water supply system until i one year from the date the same 'has been placed in operation or until the I Board has notified Maplewood in `writing of the acceptance by it of such installation, whichever date is earlier. I. Maplewood does hereby grant the Board the right in the performance I of this agreement to the use of the streets, alleys or public ways of Maplewood for purposes of the Board, including excavations for performing necessary work incidental to the performance of�this contract and said Maplewood does hereby agree through its departmental agencies to cooperate to the fullest extent in the protection of any mains, appurtenances and excavations or barricades that may be necessary of the work performed by the Board. i 4. METERS, METER RFADING AMID 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; provided that should Maplewood convert i I i i -5- to the purchase of water at wholesale from the Board, as provided far in Section 10 herein, all meters shall be purchased by the Pillage of Maplewood from the Board and the price thereof shall be determined an the basis of the remaining life of said meters am I tized on the basis that the life of a meter is thirty (30) years. B. The Board shall assume full responsibility and expense for reading of meters, billing and collection of accounts. 5. WATER RATES The charges and rates to Maplewood consumers shall be as follows: Demand or Fixed Charges 3/4" or smaller meter, 1" meter, 1j" meter, 1j" meter, 2" meter, 3" meter, 4'1 meter, 6" meter, 8" meter, 10" meter, Co ion Rate $ 6.00 per annum, payable quarterly 7.20 per annum, payable quarterly 10.20 per annum, payable monthly 13.20 per anmun, payable monthly 27.00 per annum, payable monthly 60.00 per annum, payable monthly 120.00 per annum, payable monthly 240.00 per annum, payable monthly 420.00 per annum., payable monthly 600.00 per antrum, payable monthly First 502000 cu. ft. of water per month at 300 per 100 cu. ft. Next 4501000 cu. ft. of water per month at 150 per 100 cu. ft. All over 500,000 cu. ft. of water per month aLt 100 per.100 cu. ft. • or as may be hereafter established in accordance with the following conditions: Demand or Fixed Charges 3/411 or smaller meters - the charge shall not exceed $3 per annum over such charge to Saint Paul consumers. 1" meters - the charge s I11 not exceed $3.60 per annum over such charge to Saint Paul consumers. Meters larger than one inch - the charge shall not exceed 10 percent per annum over and above the charges to consumers within Saint Paul. I 4�y ' n - .1 t4: Consumption Rate The rate charged for the first step or first 50,000 cubic feet per month shall not exceed nine cents (90) per 100 cu. ft. over and above the rate charged to consumers in Saint Paul. The rate charged for the �second step or next 450,000 cubic feet per 1 month shall not exceed seventy -'five percent (75 %) of the rate charged for the I first step. I The rate charged for the third step or all over 500,000 cubic feet per month shall not exceed fifty percent (50%) of the rate charged for the first step. For simplicity in accounting, the charges and rates shall be to the closest whole cent. In no case shall the charges or rates to Maplewood exceed the charges or rates to other Board consumers outside of corporate limits of Saint Paul for like service, 6. PROMMON SERDICB AMID HYDRA USE • A. Fire Protection Service shall consist of a fire hydrant maintenance cost Of $5 per hydrant and a standby ire y protection charge of $10 per hydrant, which total char shall be charge paid annually or semi -- annually and shall be based i on the number of hydrants at $15 per hydrant. The hydrant maintenance charge and the standby charge shall each be subject to adjustment subject to mutual agreement, conditioned, however, that the maintenance charge shall be no more than is charged the City of Saint Paul and provided further that the total, charge shall be no more than the minimum charge to any outside area being furnished water on a retail basis and into a distribution system owned by such area. i B. Other Authorized Uses j I Maplewood hereby agrees to keep strict and correct account of all water used for street sprinkling, s reet flushing, sewer maintenance or related use, and to pay semi -- annually therefore to the Board at the lowest step rate in effect for Maplewood. J� I i 1-7- D 7. RIGHT OF WAY Maplewood agrees to grant to the Board the free and uninterrupted use of all public thoroughfares, alleys and utility easements as may be reasonably I necessary for use of the Board in construction and maintenance of water mains and facilities within the corporate limits of Maplewood. 8. INDEMNIFICATION Maplewood does hereby covenant and agree-to indemnify and save the r I 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, 1 arising out of or on account of furnishing of or failure to furnish water by the Board to Maplewood 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 by Maplewood that may occur fros the supply of water by the Board to Maplewood. Maplewood further covenants and agrees to indemnify and save harmless the Board of Water Commissioners'of Saint Paul, the City of Saint Paul and any or all of their officers, agents, employees and servants from any and 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 I for herein or permitted pursuantjto the provisions of this agreement and further agrees to indemnify, at its soleiexpense, any action or proceeding for the purpose of any claim of whatever nature arising hereunder. 9. `GUARANTEE OF SMLY The Board agrees to furnish all water requirements of Maplewood under i the terms of this contract, conditions and provisions as herein provided subject to the qualifications hereinbefore set forth. It is agreed by and between the parties hereto that the terms, provisions and conditions outlined in this agreement shall be applicable only as between I the parties hereto and shall not afford to consumers within Maplewood any rights 6t- interests hereunder. -a- I 10. CONVERSION TO WHOLESALE f The Board agrees to allow Maplewood the option of converting from a retail basis as outlined here!.( to a wholesale basis in whole or in part for obtaining ater from the Board such conversion may be accomplished b giving g ., y P Y g g • I the Board written notice of at least eighteen (18) months in advance of the date upon which Maplewood desires to make such conversion. A supplemental i agreement covering the terms ofjsuch wholesale basis of sales to be executed by both parties before partial or complete changeover from retail to wholesale i is allowed. 11. USE OF SUPP7rAL SUPPLY! I This agreement shall net preclude Maplewood from establishing a portion of its water system to be supplied by well water in areas where water supply from the Board is impractical oz unworkable, or in such cases where a central water supply system may be constructed and installed for a housing development f prior to the time that water mains supplying the area with water purchases from the Board can be extended. However, in no case shall there be direct connections with the'Board's supply system with other supplies, and when the Board's supply system is practical and workable, the other supply shall be discontinued. 12. _EFFECTIVE DATE OF AGREEMENTI The date of making and entering this contract and the date of execution therp,of shall be shown as the date when the Comptroller of the City of Saint Paul countersigns this agreement. This agreement shall not,be binding until the same has been accepted by resolution of the Board of Water Commissioners of the City of Saint Paul, the Council of the City of Saint Paul, and the Village Council of Maplewood. i ME In the presence of r In the presence of N Air z5- THE VILLAGE OF MAPLEWOOD By . Mayor By a�Z =�o ��%� • zt✓ ✓ Vi ge Clerk BOARD OF WATER CSSIONERS OF THE CITY OF SAINT PAUL By 2t:s- .� -G.r. ,Preside By i By Counteraigned this day of , 19 62 . City Comptroller Approved as to form: 1 Special Asst. Corporation Counsel. Approved as to form and execution' this day of 1962. I Special Asat. Corporation Counsell -10- , ii.1r4.1.a+. �1 .. j: -_ L ..'.-- �.��..s�r"r. -,l• iw.wnCiS[1 JC .- .. ' lk In the presence of r In the presence of N Air z5- THE VILLAGE OF MAPLEWOOD By . Mayor By a�Z =�o ��%� • zt✓ ✓ Vi ge Clerk BOARD OF WATER CSSIONERS OF THE CITY OF SAINT PAUL By 2t:s- .� -G.r. ,Preside By i By Counteraigned this day of , 19 62 . City Comptroller Approved as to form: 1 Special Asst. Corporation Counsel. Approved as to form and execution' this day of 1962. I Special Asat. Corporation Counsell -10-