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
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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
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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
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CONTRACT FOR WATER SERVICE
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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
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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
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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
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enact such rules, regulations, and requirements into ordinances or otherwise
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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
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penalties for the violation of any thereof, and to strictly enforce such rules,
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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
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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
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of such rules, regulations, and rdinances upon complaint being made of the
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violation thereof by the Board o by any of its officers, agents or employees.
3. UATSB SYS'M FACILITIES
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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.
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B. That said mains, appurtenances, services and connections shall be
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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,
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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
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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
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Saint Paul for like service. New applications for water service connections
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shall be made to and through the Board, and each applicant shall furnish the
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Board a certified street address established by Maplewood.
E. It is agreed that Maplewood shall make no extensions to its
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distribution system beyond the corporation limits of Maplewood without the
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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.
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G. The Board, through its officers, agents and employees shall have
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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
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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
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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
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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
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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
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by Maplewood, at its sole expense, and any and all expenses or costs resulting
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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
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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
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the Board has concluded its wor� on any given project in a street requiring
restoration of semi - permanent or permanent street type surfaces.
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It is further agreed by'and between the parties to this agreement that
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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
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agreement, that the Board shall !not be responsible for the maintenance or
repairs to such newly constructed additions to the water supply system until
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one year from the date the same 'has been placed in operation or until the
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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
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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.
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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
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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.
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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
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month shall not exceed seventy -'five percent (75 %) of the rate charged for the
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first step.
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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
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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.
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B. Other Authorized Uses j
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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�
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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
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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
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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,
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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
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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
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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
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the parties hereto and shall not afford to consumers within Maplewood any rights
6t- interests hereunder.
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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
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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
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agreement covering the terms ofjsuch wholesale basis of sales to be executed
by both parties before partial or complete changeover from retail to wholesale
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is allowed.
11. USE OF SUPP7rAL SUPPLY!
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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
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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.
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ME
In the presence of
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In the presence of
N Air
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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
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By
Counteraigned this
day of , 19 62 .
City Comptroller
Approved as to form:
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Special Asst. Corporation Counsel.
Approved as to form and execution'
this day of 1962.
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Special Asat. Corporation Counsell
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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.
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Special Asat. Corporation Counsell
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