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183690
• - Council File No. 183690—Ordinance No.1 • 11061—By Bernard T. Holland, by re-! O R D I N 1 quest—Frank D. Marzitelli- An ordinance granting permission {"(.90 i and authority to the Village of Maple- • wood to connect the public sewer • P J system,of said Village of Maplewood to 1, / the public sewer system of the City of Saint Paul and thereafter maintain y �' D and operate the same as an outlet for i 1 0 (0 ( '�----. ---r �� An ordinan e granting permission and authority to the Village of Maplewood to connect the public sewer system of said Village of Maplewood to the public sewer system of the City of Saint Paul and thereafter maintain and operate the same as an out- let for said public sewer system of said Village for public sewage conveyance and disposal purposes , and providing applicable terms and conditions . The Council of the City of Saint Paul Does Ordain: Section 1. That the Village of Maplewood hereby is granted permission and authority, subject to all of the terms and conditions hereinafter expressed, to construct and thereafter maintain and operate suitable connections according to conventional engineering standards approved as to construction, location, and elevation by the Commissioner of Public Works of the . . City of Saint Paul at or adjacent to the intersections of : . argaret Street and Winthrop Street , Ruth Street and Larpenteur Avenue , White Bear Avenue and Larpenteur Avenue, Kennard Street and Larpenteur Avenue, and Chamber Street anc Larpenteur avenue, and McAfee Street and Larpenteur Avenue, joining the public sewer system of said Village with the public sewer system of said City, in the nature of and to be maintained and operated as the- only outlets for said public sewer system of said Village and for the expeditious , con- venient , and effective conveyance and disposal of sewage entering said p*lic sewer system of said Village. Section 2. That .said Village of Maplewood, as part of its oblige- . Lions hereunder, shall pay to said City of Saint Paul the sum of Six Dollars ($6.'@0)A0,e.r year for each single family dwelling, two family dwelling , governmental building, church, or school -I-louse sewer conne-ction existing at the time of v, the connkction of said public sewer systems hereunder or thereafter made, to the said public sewer system of said Village ; for each other residential , commercial, or indus- trial property house sewer connection existing at the time of the connection of said public sewer systems hereunder or thereafter made to said public sewer system of said Village, the Village of Maplewood shall pay to the City of Saint Paul an annual charge to be determined by the Council Yeas Councilmen Nays Passed by the Council DeCourcy Holland Marzitelli —_ In Favor Mortinson Peterson Against Rosen Mr. President (Dillon) Approved: Attest: City Clerk Mayor 1M 6-56 i • 181'3690 1) o (( ; -2- of said City by resolution on the basis of relevant factors , including among others in respect of commercial or industrial property house sewer connections , in each instance, the character and daily volume of industrial sewage waste in- volved and therefor, said Village shall be obligated to furnish upon request of said City, all such data , to be collected in each instance and at the sole expense of said Village; provided that such annual charge for each such connection shall be the substantial equivalent of the amount charged through taxation to properties of similar value located within the limits of said City of Saint Paul , but in no event less than Six Dollars ($6.00) per year, and shall be subject to adjustment from time to time by the Council of said City. That said Village of Maplewood, as part of its obliga- tions hereunder, shall pay to the City of Saint Paul , in addition to the aforesaid annual charges , annual sewer rental charges representing in each instance twice the amount of , the annual sewer rental charge for similar service applicable to property within said City of Saint Paul, and computed, assessed, and levied at the rates and upon the bases of the following schedule of annual sewer rental charges accord- ing to the size of the water service meter installed and operated or determined as required to be installed and operated for each separate property which shall be connected with said public sewer system of said Village, to-wit : Water Service Annual Sewer Meter Size Rental Charge 5/8" $ 8.00 3/4" 10.00 1" 18.00 1 1/4" 24. 00 1 1/2" 36. 00 2" 84.00 3" 180. 00 4" 432. 00 6" 840. 00 8fi 1 ,440.00 10" 2, 040.00 12" 2,808.00 That said scheduled rates of annual sewer rental charges shall be subject to adjustment from time to time by the Council of the City of Saint Paul, so that the same, in respect to each scheduled rate,, shall represent twice the equivalent of the rate of annual sewer rental charge applicable to property equipped with water service meter of corresponding size and located within said City of Saint Paul. • .1 3690 /fo (of -3- That in each case where property shall be connected with said Village public sewer system and shall not be equipped with water service meter, the applicable annual sewer rental charge shall be computed on an equitable basis so that the same shall be comparable to the annual sewer rental charge applicable to other property where comparable sewer service circumstances and conditions exist . That where property shall be connected with said Village public sewer system and shall be served by private water supply and shall not be equipped with water service meter, the applicable annual sewer rental charge hereunder shall represent the equivalent of that hereinabove scheduled and made applicable to property connected with said Village public sewer system and equipped with water service meter of the size of that which would be reasonably required to meter the discharge from the appurtenant private water supply pump as determined, on bases of relevant factors of reason- able capacity of such required water service meter and reasonable capacity of such private water supply pump at pressure of 40 pounds per square inch, according to the following governing and prescribed schedule therefor, to-wit : Private 2equired Pump Water Applicable Capacity Service Schedules Gallons Meter Annual Sewer Per :linute Size dental Charge 0-10 5/8" $ 8. 00 11-30 3/4" 10.00 31-50 J. 18.00 51-75 l 1/4" 24. 00 76-100 1 1/2" 36. 00 101-160 2" 84. 00 161-300 3" 180.00 301-500 4" 432.00 501-1000 .S" 840.00 • 1001-1600 8" 1 ,440.00 1601-2300 10" 2, 040.00 2301-3100 12" 2,808.00 That such schedule shall be deemed conclusively re- flective of the employment of the aforesaid relevant fac- tors and controlling fur all purposes of its prescription hereunder. That in no such instance shall the determined and employed applicable annual sewer rental charge represent less than that hereinabove scheduled and made applicable to property which shall be connected with said Village public sewer system and euipped with a 5/8" size water service meter. • 183690 • // o(o( -4- That said Village of :'Maplewood, as part of its obliga- tions hereunder, shall, at its own cost and expense, after the connection of said public sewer systems hereunder, collect and compile all requisite data therefor and deliver its written certification, from time to time, unto said City of Saint Paul, as to the reasonable capacity of each such private water supply pump at pressure of 40 pounds per square inch. That the first such certification shall be made and delivered by said Village to said City within 60 days next after such connection of said public sewer systems, and subsequent certifications for similar purpose shall be made and delivered by said Village to said City as shall be required to the end that the latter shall be advised currently in the premises . That in respect of property which shall be connected with said Village public sewer system for the discharge and disposal of industrial sewage waste, additional to aforesaid applicable annual sewer rental charge, and addi- tional to all other applicable charges hereunder , said City hereby reserves the right to impose .such supplemental sewage volume rate charge, for payment by said Village, as the Council of said City shall determine as reasonable and warranted and shall prescribe for payment by said Village to said City. The said Village of Maplewood, as part of its obligations hereunder, after the connection of said public sewer systems hereunder, and upon the order of said City' s Council , shall, at its own cost and expense, construct and complete a suitable sewage meter chamber and furnish and install therein and thereafter maintain a suitable sewage meter equipped with efficient remote registering and recording mechanism for the constant and accurate measuring, register- ing and recording of the volume of sewage as the same shall be discharged from said Village public sewer system into said City public sewer system hereunder, at the site and/or sites to be provided therefor adjacent to one or more of the aforesaid connections of said public sewer systems hereunder, by said City, in accordance with • the plans and specifications fierefor to be prepared and furnished by or in behalf of said City, and under the supervision and sub- ject to the approval of the Chief Engineer and Commissioner of Public Works of said Cicy. That any such order of said Cit'' Council directed to said Village and for the latter' s construction and completion of any such sewage meter chamber and furnishing, installation, and maintenance therein of any such sewage meter, shall be in the form of a councilmanic resolution, and the adoption thereof and the imposition of any such requirements thereunder shall be deemed, in each instance, to be optional on the part of said City Council ; that in the event of any such City councilmanic order and the compliance therewith by said Village, the 18: 69O O(r -5- volume of sewage as the same shall be discharged from said Village public sewer system into said City public sewer system hereunder shall be constantly and accurately measured, registered and recorded by an installed, maintained and operated sewer meter of the type hereinabove described or equivalent , at the aforesaid site or sites ; that weekly readings of such registered and recorded sewage volume discharged shall be made by said City for the accurate determination of such sewage volume discharged for each quar- terly billing period ; that in each case, such quarterly sewage volume discharges, as so determined, shall be computed at the volumetric rate of 7.5 cents per 100 cubic feet, and should such computation for any quarterly period represent an amount in excess of the aggregate amount otherwise provided to be billed hereunder, for such quarterly period, on account of aforesaid annual charges , aforesaid annual sewer rental charges , and aforesaid supplemental industrial waste charges , by said City to said Village, then in such event , for such quarterly period in respect whereof the same would represent the greater charge to be billed, the charge hereunder to be made and billed by said City and paid by said Village shall be that to be computed on such volumetric rate bases , in lieu of other charges . That said Village of Maplewood, in addition to all other charges and as part of its obligations hereunder, at its own cost and expense, upon the further order of said City Council , subject to the approval and supervision of s i Chief Engineer and said Commissioner of Public Workkg furnish all plans , specifications , engineering services , labor, materials , equipment and supplies - necessary therefor, and for the purposes hereof , completely construct and install, a line of public sewer, in, upon and along Margaret Street from the westerly extremity of the now contemplated Village public sewer, at or adjacent to the center of the intersection of Margaret Street and McKnight Road to the easterly extremity of the City 48" public sewer, at or adjacent to the center of the intersec- tion of Margaret Street and Winthrop Street , and all requisite permission and authority therefor shall be deemed to have been hereby granted by said City to said Village, subject to the provisions , terms and conditions of this Ordinance. Section 3. That said Village of Maplewood shall not permit any connections to be made to its said public sewer system in respect to any property lying beyond the limits of said Village, and that no connection other than that hereinabove expressly permitted and authorized shall be made between said Village public sewer system and said City public sewer system without further express authorization therefor by the Council of the City of Saint Paul. • • • 18;1690 /1 d 6i -6- That said Village of Maplewood public sewer system, as the same shall be connected with said Ciy of Saint Paul public sewer system, hereunder, shall carry only sanitary sewage flow limited to domestic and industrial wastes from houses and other structures exclusive of roof , storm, or ground water drainage. That said Village of Maplewood shall , b " its governing body, enact and otherwise enforce proper ordinances as may be suggested by the Council of the City of Saint Paul and conformable to law, for the regulation of the construction, use and maintenance of public sewers and house sewer connec- tions thereto within said Village limits , and, whenever any house sewer connection to said Village public sewer system is proposed for industrial purposes or other purpose, which will be calculated to cause a discharge of an unusual amount or character of sewage into said Village public sewer system, no permit therefor shall be granted unless and until the granting of the same shall be approved by resolution of the Council of the City of Saint Paul. Section 4. That said- Village of Maplewood -shall be obliged to - °-- _. .-.. save said City of Saint Paul harmless from any damage, cost or expense, and fully indemnify said City of Saint Paul against any and all liability sustained by reason of the connecting or the maintenance of the connections hereunder between said public sewer systems or by reason of any damage, cost, expense, or loss that may be sustained by said Village, its inhabitants , or any other person or persons connected with the use of said Village public sewer system, or by reason of the diversion into said Village public sewer system of roof water or storm water drainage. Section 5. That said City of Saint Paul shall have the right at all reasonable times and by the exercise of all reasonable procedures and facilities to inspect , explore, and survey all or any part of said Village public sewer system as the same shall exist at the time of the connection of said public sewer systems hereunder, and as the same shall be thereafter extended or otherwise altered, together with all house drain and other connections thereto then existing or thereafter constructed for the purpose, among other things , of determining whether or not the same conform to require- ments established by competent public authority and applicable to comparable sewers and sewer connections within the cor- porate limits of said City, and that in each case where it is so found that any such Village sewers or sewer connections lack such conformity, said Village shall take appropriate action to the end of effecting the elimination of all such • - 0,a 1 0' ) ,z • • . 1 18,63690 //o4/ -7- non-conformities and full compliance with all requirements established by competent public authority and applicable to comparable sewers and sewer connections within the corporate limits of said City. Section 6. That said Village of Maplewood, as condition precedent to its right to extend or enlarge its public sewer system as the same shall exist at the time of the connection of said public sewer systems hereunder, shall submit complete plans and specifications therefor to the Council of said City of Saint Paul and obtain the approval thereof and of such plans and specifications therefor by said City Council. That in each such instance the determination of said City Council shall be evidenced by its Resolution. Section 7. That said Village of Maplewood shall be obligated to save said City of Saint Paul harmless from all damages , costs, expense, and liability on account of any failure of said Village public sewer system properly to serve for the purposes hereinbefore designated any property located within the limits of said Village, and/or by reason of any injury occasioned by alleged inadequacy of said Village sewer system or connection therewith; and said Village shall be obligated to fully indemnify said City against liability on account of any action, claim or demand for the recovery of damages , costs , or expense by any party against said City in every such case. Section 8. That said Village of Maplewood shall be obligated to compile and maintain, as part of its public records , at all times available to the City of Saint Paul, a complete, accurate and current system of records showing the location and size of its said public sewer system as the same shall exist at the time of the connection of said public sewer systems hereunder and as the same shall thereafter be extended or otherwise altered and showing the location, size and nature of each house sewer or other sewer service connection and water service meter or private water supply system connected therewith existing at the time of the connection of said public sewer systems hereunder and thereafter constructed and maintained; and that said Village shall be obligated, among Other things , to draft , compile and maintain as part of its public records , at all times avail- able to said City, a map showing the location, size and nature of construction of its said public sewer system and all house sewer and other sewer service connections therewith , together with a complete and accurate listing of all such house sewer or other sewer service connections and water • 110690 ft ° (a/ -8- service meters or private water supply system pertinent thereto, stating the location, size, nature of construe- tion and character of the same, both accurately and completely reflective of such facts , at all times hereunder; and that said Village shall within 60 days after the connection of said public sewer systems hereunder furnish a certified counterpart of said map and a certified counterpart of said listing to said City' s Commissioner of Public Works . That said Village, quarterly thereafter as of January 1, April 1, July 1 , and October 1 of each year, and within fifteen (15 ) days after each respective date, shall compile and draft supplemental maps and listings showing the then current situation and containing comparable data pertaining to its said public sewer system and all house sewer and other sewer service connections and water service meters or private water supply system therewith, and the date of each theretofore unreported extension, addition, or alter- ation in respect to said public sewer system and such service connections therewith, and thereupon deliver the same to said Commissioner of Public Works . Section 9. That combined billings of said annual charges , annual sewer rental charges , and extra sewage disposal service charges , as the same shall be applicable, shall be made quarterly by said City through its Commissioner of Public Works , to said Village, based upon the aforesaid information required hereunder, to be furnished by said Village to said City, pertaining to said Village public sewer system and such connections therewith, and such verification thereof or additional data germane thereto as said City shall elect to make and may obtain upon investigation. That such combined quarterly billings shall be made for the preceding quarterly period in each case as of January 1, April, July, and October 1 of each year, as applicable hereto, and shall become payable and be paid by said Village Of Maplewood to the Commissioner of Finance of said City of Saint Paul, hereby charged with the collection of the same for and in behalf of said City of Saint Paul , respectively within thirty (30) days next after the billing date. That time of payment shall be deemed of the essence in respect of all billings by said City to said Village hereunder; that every such billing shall become and be payable within thirty (30) days next after the billing date ; that each such billing which shall not be paid by said Village -within said thirty day period shall become and remain the subject of delinquency on the part of said Village until fully paid with interest attach- ing thereto as hereinafter provided; and that every billing which shall become and remain the subject of delinquency in reference to payment by said Village shall bear interest at the rate of 6% per. annum to the extent and for the period of subject delinquency and which interest shall be- come and be payable, in each such case, in addition to the principal of the subject billing by said Village to the said City hereunder. • 18;3690 -9- Section 10. That this ordinance, every permission and authority hereby granted, and every agreement between said City and said Village germane thereto or resultant therefrom shall be subject to all provisions of this ordinance and all applicable rules , regulations , and requirements prescribed and ,promulgated b, the State Board of Health of the State of Minnesota, or by any other State or Federal governmental agency having cognizance, and shall be deemed further sub- ject to all applicable ordinances and laws of municipal, state, and governmental authorities, except for any in- consistent rule, regulation, or ordinance of said Village of Maplewood. That said City of Saint Paul hereby reserves the abso- lute right to repeal this ordinance and to revoke and terminate every contractual relationship hereby established or provided to be established between said City and said Village, and every permission and authority hereby granted by said City to said Village, because of any default , neglect , non-con- formance or non-compliance b-;- said Village in respect to any provision, term, condition , or requirement hereof deemed sufficient grounds for such action by the Council of said City. That any such repeal , revocation, or termination pursuant to such reserved power b said City of Saint Paul shall be in the form of an ' dinance duly enacted by its said City Council and by the service of a certified copy of such ordinance upon said Village of : aplewood by or in behalf of said City of Saint Paul in the manner which shall be provided for such action under such repealing, revoking, or terminating ordinance. • That said Village of r.aplewood shall, by the adoption and employment of suitable methods , effect minimum acceptable standards as to the amount of infiltration of surface and ground waters in respect to its aforesaid public sewer system. That said Village of Maplewood shall adopt and employ effective measures to the end that no rain water leader from any house or other structure shall be connected in any manner with or discharge water into its said public sewer syst em, and that said Village of Maplewood shall at no time permit any house sewer or other type of sewer service connec- tion from any point outside of its village limits to any part of its said public sewer system at any time while any permission or authority hereby granted or provided to be granted shall be operative. Section 11. That said Village of Maplewood shall pass an ordinance formally accepting and agreeing to abide by all of tale provisions , terms , and conditions of this ordinance in form to be approved by the Corporation Counsel of the City of f • ) ( ci (J -10- Saint Paul , and shall file a duly certified copy of such ordinance with the City Clerk and the City Comptroller of said City of Saint Paul within sixty (60) days from and after the effective date of this ordinance, and if at the end of such sixty-day period said Village of .iaplewood shall not have formally accepted and agreed to abide by the provisions , terms , and conditions or this ordinance in the form and manner aforesaid, then all permission and authority hereby granted or provided to be granted by saic:. City of Saint Paul to said Village of Llaplewood to construct , connect , maintain, or operate said. connections between said public sewer systems or for any purpose whatsoever shall absolutely terminate. Section 12. That in addition to all other reservations herein- above in favor of said City of Saint Paul and without quali- fying, limiting or impairing the same or any thereof , said City of Saint Paul hereby reserves the right , exercisable not oftener than once in each calendar year, through its City Council , to instii,ute and conduct , either upon its own initiaive or upon petition of said Village of hlaplewood , such investigations as said City Council shall deem necessary and expedient in the premises , and thereupon determine the reasonableness of the aforesaid rates of charges or that or any of the same and revise, alter or change such rates of charges, or any of the same, as shall be required so that the same shall conform to those which said City Council shall determine and prescribe as reasonable and applicable. That each such determination, revision, alteration or change affecting such rates of charges or any thereof shall be effected by resolution of said City Council adopted by affirmative vote of majority of its members at a regular public meeting and approval and publication thereof , in each case, according to the provisions of the City Charter of said City of Saint Paul applicable generally to the adoption, approval and publication of resolutions of said City Council. Section 13. That in the event of any default by said Vil:age hereundEe by reason whereof , according to pertinent. provisions of Section 10 hereof , said City would have an absolute right to repeal this Ordinance and terminate all contractual relationships , permissions and authorizations effected hereunder, despite any contrary provision of this Ordinance, said absolute right shall not become exercisable by said City until said City shall have given written notice of such default to said Village and the elapse of 60 days after the giving of said notice without said Village having made good such default . Original to City Clerk ORDINANCE r-" , COUNCIL FILE NO. PRESENTED BY ORDINANCE NO. 110CI -11- Section 14. That despite anything hereinabove to the contrary, in each case, where real property located in said Village has been connected immediately with an abutting or adjoining public sewer of said City of Saint Paul or with an extension of any such public sewer under the control of said City, for sewage drainage purposes , under authority heretofore granted therefor by any resolution of the Council or by any ordinance of said City, for and during the operative period of such authority, the provisions , terms and conditions of the authorizing resolution or ordinance shall govern and apply in respect of charges , fees , rates and advance assessments , payable and to become payable on such account , to said City, in lieu of any otherwise applicable and compar- able provisions , terms or conditions of this ordinance. That no additional sewer connection shall hereafter be installed for the direct connection of any parcel of real property in said Village with any abutting or adjoining public sewer of said City of Saint Paul or with any extension of any such• public sewer controlled by said City, for sewage drainage purposes , except upon bases comparable to the charges , fees , rates and advance assessments prescribed as applicable to such outside City connections by City of Saint Paul Ordinance No. 8831, approved October 24, 1946, as amended, and by authority of a separate ordinance of the City of Saint . Paul reflecting the same. , Section 15. That , despite anything of contrary import herein contained, the areas of said Village hereunder authorized to be serviced and drained as aforesaid, in their aggregate represent less than. the entire area of said Village, and hereby are limited and restricted to the following specified parts of the same, to-wit : (1 ) That part of said Village lying north and east of Phalen Lake and between the north corporate limits of said City and 1innesota State Highway No. 36, and (2) That certain additional part of said Village lying between i.1cKnight Road and East Ramsey County Line, and between Conway Street ano Geranium Avenue; and that the drainage from said Village public sewer system into said City public sewer system hereby authorized shall be and hereby is limited and restricted to such drainage from the sewer lines of said Village public sewer system delineated in red thereon and indicated for "immediate construction" upon the Plot Plan of "Proposed Sanitary Sewer System for New Canada Township, :Minnesota" prepared by Bettenburg, Townsend and Stolte, Architects and Engineers , bearing the further designation, "Exhibit No. 4" , dated November 17, 1955, and filed in the office of the City Clerk of said City of Saint Paul, which Plot Plan, by reference, Yeas Councilmen Nays Passed by the Council DeCourcy Holland Marzitelli In Favor Mortinson Peterson Against Rosen Mr.President (Dillon) Approved: Attest: City Clerk Mayor 1M 6-56 -. t,>>. Original to City Clerk ' • ij • ORDINANCE COUNCIL FILE NO. 8t690 PRESENTED BY ORDINANCE NO. 019 -12- hereby is incorporated herein and made part and parcel of this Ordinance. Section 16. That all outlets for public sewers of said Village draining the area of said Village, between English and Barclay Streets produced northerly, hereunder, shall discharge into a public sewer hereby provided to be constructed by said City in said McAfee Street , at an estimated cost of Sixty- three Thousand Dollars ($63, 000.00) , which shall be borne by said City to the extent of 33 1/3 per cent thereof and by said Village to the extent of 66 2/3 per cent thereof ; that said City shall provide for the construction of said public sewer in said McAfee Street subject to such appor- tionment of the burden of the cost of the same between said City and said Village ; that said Village shall deposit with said City, on or before March 15 , 1958, the sum of Forty-two Thousand Dollars ($42,000.00) therefor and subject to application by said City as and for reimbursement to said City on account of said apportioned obligation of said Village for its payment of the equivalent of 66 2/3 per cent of said City' s cost necessarily incurred in and for the construction of said public sewer on said McAfee Street ; that said City, within the period of one year next after such deposit by said Village, shall commence the construction of said last mentioned public sewer and shall complete the same within six months thereafter; and that upon the construction and completion thereof , said last mentioned public sewer shall be maintained by said City, subject to the aforesaid Village outlet uses , and further subject to ordinary City public sewage carriage and dis- posal uses . Section 17. That wherever it shall become necessary, for public sewage disposal purposes, that said Village or said City construct a public sewer on any borderline public thorough- fare running between said Village and said City, and upon which real property located within said Village and real property located within said City shall abut, and such public sewer shall be constructed, by either of them, thereon for such public sewage disposal purposes , the cost of such construction shall be borne by said Village and said City jointly, and the burden of such cost shall be apportioned between them on equitable bases , based upon availability of such borderline sewer for joint use by said Village and said City; and that in each such instance the same shall be equally available to abutting property within said Village Yeas Councilmen Nays Passed by the Council DeCourcy Holland Marzitelli In Favor Mortinson Peterson Against Rosen Mr.President (Dillon) Approved: Attest: City Clerk Mayor 1M 6-56 04Bro 8 , Original to City Clerk . . . ORDINANCE COUNCIL FILE NO. t3E� ) PRESENTED BY ORDINANCE NO. \ 1 A "°\ -13- and to abutting property within said City, subject to compar- able regulations and requirements in respect of sewer service connections thereto prescribed and enforced by said Village in respect of real property located therein, and prescribed and enforced by said City in respect of real property located therein. Section 18. That , as and to the extent that it shall become necessary, by reason of the aforesaid connections between said Village public sewer system and said City public sewer system, or by reason of any of the same, hereunder, that additional sewage disposal facilities be incorporated in the public sewer system of said City, such shall be done by said City subject to the obligation of said Village, in each such instance, to fully reimburse said City on account of said City' s actual expense necessarily incurred in and for the incorporation of such additional facilities ; and that in no such instance shall said City be obligated to proceed with the incorporation of any such necessary additional facilities until said Village shall have deposited with said City the equivalent of the City' s reasonably estimated cost , in the premises . Section 19. This ordinance shall take effect and be in force thirty (30) days after its passage, approval and publication. JUL 2 61957 Yeas Councilmen Nays Passed by the Council DeCourcy v nd ✓MHollaarzitelli / In Favor Mortinsan i/ / ✓Peterson L Against i '' Rosen Mr.President (Dillon) JUL 2 6 19 Approved: �.7 Attestd �� ' / City Clerk ;1 ' " or ! .11" 1M s //// PUBL HE a T''3 _rn s-7 Duplicate to Printer • ORDINANCE .18:3690 COUNCIL FILE NO. PRESENTED BY ORDINANCE NO. (/0 6( An ordinance granting permission and authority to the Village of Maplewood to connect the public sewer system of said Village of Maplewood to the public sewer system of the City of Saint Paul and thereafter maintain and operate the same as an out- let for said public sewer system of said Village for public sewage conveyance and disposal purposes , and providing applicable terms and conditions. The Council of the City of Saint Paul Does Ordain: Section 1. That the Village of Maplewood hereby is granted permission and authority, subject to all of the terms and conditions hereinafter expressed, to construct and thereafter maintain and operate suitable connections according to conventional engineering standards approved as to construction, location, and elevation by the Commissioner of Public Works of the City of Saint Paul at or adjacent to the intersections of : Margaret Street and Winthrop Street, Ruth Street and Larpenteur Avenue, White Bear Avenue and Larpenteur Avenue, Kennard Street and Larpenteur Avenue, and Chamber Street and Larpenteur Avenue, and McAfee Street and Larpent ter Avenue, joining the public sewer system of said Village with the public sewer system of said City, in the nature of and to be maintained and operated as the only outleisfor said public sewer system of said Village and for the expeditious , con- venient, and effective conveyance and disposal of sewage entering said public sewer system of said Village. Section 2. That sc,id Village of Maplewood, as part of its obliga- tions hereunder, shall pay to said City of Saint Paul the sum of Six Dollars ($6.00) per year for each single family dwelling, two family dwelling, governmental building, church, or school house sewer connection existing at the time of the connection of said public sewer systems hereunder or thereafter made, to the said public sewer system of said Village; for each other residents _ ', commercial, or indus- trial property house sewer connection existing at the time of the connection of said public sewer systems hereunder or thereafter made to said public sewer system of said Village, the Village of Maplewood shall pay to the City of Saint Paul an annual charge to be determined by the Council Yeas Councilmen Nays Passed by the Council DeCourcy Holland Marzitelli In Favor Mortinson Peterson Against Rosen Mr.President (Dillon) Approved: Attest: City Clerk Mayor 1M 6-56 ,8 • tiP) 64/4 -2- of sal City by resolution on the basis of relevant factors , including among others in respect of commercial or industrial property house sewer connections , in each instance, the character and daily volume of industrial sewage waste in- volved and therefor, said Village shall be obligated to furnish upon request of said City, all such data, to be collected in each instance and at the sole expense of said Village; provided that such annual charge for each such connection shall be the substantial equivalent of the amount charged through taxation to properties of similar value located within the limits of said City of Saint Paul, but in no event less than Six Dollars ($6.00) per year, and shall be subject to adjustment from time to time by the Council of said City. That said Village of Maplewood, as part of its obliga- tions hereunder, shall pay to the City of Saint Paul , in addition to the aforesaid annual charges , annual sewer rental charges representing in each instance twice the amount of the annual sewer rental charge for similar service applicable to property within said City of Saint Paul, and computed, assessed, and levied at the rates and upon tha bases of the following schedule of annual sewer rental charges accord- ing to the size of the water service meter installed and operated or determined as required to be installed and operated for each separate property which shall be connected with said public sewer system of said Village, to-wit : Water Service Annual Sewer Meter Size Rental Charge 5/8" 3/4" 10.00 1" 18.00 1 1/4" 24. 00 1 1/2" 36.00 2" 84.00 3" 180.00 4" 432.00 6" 840.00 8" 1,440.00 10" 2,040.00 12" 2,803.00 That said scheduled rates of annual sewer rental charges shall be subject to adjustment fro:ii time to time by the Council of the City of Saint Paul, so that the same, in respect to each scheduled rate, shall represent twice the equivalent of the rate of annual sewer rental charge applicable to property equipped with water service meter of corresponding size and located within said City of Saint Paul. • Council File No. 18300—Ordinance No. 11061—By Bernard T. Holland, by re- OR D I N I quest—Frank D. Marzitelli- An ordinance granting permission p8`°���4,(4 i - and authority to the Village of Maple- �Jt ‘�1) wood to ,connect the public sewer • ���JJJ l system,of said Village of Maplewood to I. / the public sewer system of the City of Saint Paul and thereafter maintain y and operate the same as an outlet for 1 An ordinan e granting permission and authority to t he Village of Maplewood to connect the public sewer system of said Village of Maplewood to the public sewer system of the City of Saint Paul and thereafter maintain and operate the same as an out- let for said public sewer system of said Village for public sewage conveyance and disposal purposes , and providing applicable terms and conditions . _,_...�---------� The Council of the City of Saint Paul Does Ordain: Section 1. That the Village of Maplewood hereby is granted permission and authority, subject to all of the terms and conditions hereinafter expressed, to construct and thereafter maintain and operate suitable connections according to conventional engineering standards approved as to construction, location, and elevation by the Commissioner of Public Works of the City of Saint Paul at or adjacent to the intersections of : iargaret Street and Winthrop Street , Ruth Street and Larpenteur Avenue, White Bear Avenue and Larpenteur Avenue, Kennard Street and Larpenteur Avenue, and Chamber Street anti Larpenteur Avenue, and McAfee Street and Larpenteur Avenue, joining the public sewer system of said Village with the public sewer system of said City, in the nature of and to be maintained and operated as the only outlets for said public sewer system of said Village and for the expeditious , con- venient , and effective conveyance and disposal of sewage entering said public sewer system of said Village. ' Section 2. That said Village of Maplewood, as part of its obliga- tions hereunder, shall pay to said City of Saint Paul the sum of Six Dollars ($6.@.O) e.r year for each single family dwelling, two family dwelling, governmental building, church, or school house sewer connection existing at the time of t, the conndction of said public sewer systems hereunder or thereafter made, to the said public sewer system of said Village; for each other residential , commercial, or indus- trial property house sewer connection existing at the time of the connection of said public sewer systems hereunder or thereafter made to said public sewer system of said Village, the Village of Maplewood shall pay to the City of Saint Paul an annual charge to be determined by the Council Yeas Councilmen Nays Passed by the Council DeCourcy Holland Marzitelli -- In Favor Mortinson Peterson Against Rosen Mr.President (Dillon) Approved: Attest: City Clerk Mayor 1M 6-56 ` , 1811 690 /) o ( , . -2- of said City by resolution on the basis of relevant factors , including among others in respect of commercial or industrial property house sewer connections , in each instance, the character and daily volume of industrial sewage waste in- volved and therefor, said Village shall be obligated to furnish upon request of said City, all such data , to be collected in each instance and at the sole expense of said Village; provided that such annual charge for each such connection shall be the substantial equivalent of the amount charged through taxation to properties of similar value located within the limits of said City of Saint Paul , but in no event less than Six Dollars ($6.00) per year, and shall be subject to adjustment from time to time by the Council of said City. That said Village of Maplewood, as part of its obliga- tions hereunder, shall pay to the City of Saint Paul , in addition to the aforesaid annual charges , annual sewer rental charges representing in each instance twice the amount of the annual sewer rental charge for similar service applicable to property within said City of Saint Paul , and computed, assessed, and levied at tho rates and upon the bases of the following schedule of annual sewer rental charges accord- ing to the size of the water service meter installed and operated or determined as required to be installed and operated for each separate property which shall be connected with said public sewer system of said Village, to-wit : Water Service Annual Sewer Meter Size Rental Charge 5/8" $ 8.00 3/4" 10.00 its 18.00 1 1/4" 24. 00 1 1/2" 36. 00 2" 84.00 39 180.00 4" 432. 00 6" 840.00 8" 1 ,440.00 10" 2, 040.00 12" 2,808.00 That said scheduled rates of annual sewer rental charges shall be subject to adjustment from time to time by the Council of the City of Saint Paul, so that the same, in respect to each scheduled rate, - shall represent twice the equivalent of the rate of annual sewer rental charge applicable to property equipped with water service meter of corresponding size and located within said City of Saint Paul. .1 3690 /io ( ( -3- That in each case where property shall be connected with said Village public sewer system and shall not be equipped with water service meter, the applicable annual sewer rental charge shall be computed on an equitable basis so that the same shall be comparable to the annual sewer rental charge applicable to other property where comparable sewer service circumstances and conditions exist . That where property shall be connected with said Village public sewer system and shall be served by private water supply and shall not be equipped with water service meter, the applicable annual sewer rental charge hereunder shall represent the equivalent of that hereinabove scheduled and made applicable to property connected with said Village public sewer system and equipped with water service meter of the size of that which would be reasonably required to meter the discharge from the appurtenant private water supply pump as determined, on bases of relevant factors of reason- able capacity of such required water service meter and reasonable capacity of such private water supply pump at pressure of 40 pounds per square inch, according to the following governing and prescribed schedule therefor, to-wit : Private Aequired Pump Water Applicable Capacity Service Schedules Gallons Meter Annual Sewer Per . =inute Size Rental Charge 0-10 5/8" $ 3. 00 11-30 3/4" 10.00 31-50 1" 18.00 51-75 1 1/4" 24. 00 76-100 1 1/2" 36.00 101-1.60 2" 84.00 161-300 3" 180.00 301-500 4" 432.00 501-1000 5" 840.00 1001-1600 8" 1 ,440.00 1601-2300 10" 2, 040.00 2301-3100 12" 2,808.00 That such schedule shall be deemed conclusively re- - - f lective of the employment of the aforesaid relevant fac- tors and controlling for all purposes of its prescription hereunder. That in no such instance shall the determined and employed applicable annual sewer rental charge represent less than that hereinabove scheduled and made applicable to property which shall be connected wit:, said Village public sewer system and equipped with a 5/8" size water service meter. • • .18;i690 /io(o( -4- That said Village of Maplewood, as part or its obliga- tions hereunder, shall , at its own cost and expense, after the connection of said public sewer systems hereunder, collect and compile all requisite data therefor and deliver its written certification, from time to time, unto said City of Saint Paul , as to the reasonable capacity of each such private water supply pump at pressure of 40 pounds per square inch. That the first such certification shall be made and delivered by said Village to said City within 60 days next after such connection of said public sewer systems, and subsequent certifications for similar purpose shall be made and delivered by said Village to said City as shall be required to the end that the latter shall be advised currently in the premises . That in respect of property which shall be connected - with said Village public sewer system for the discharge and disposal of industrial sewage waste, additional to aforesaid applicable annual sewer rental charge, and addi- tional to all other applicable charges hereunder , said • City hereby reserves the right to impose such supplemental sewage volume rate charge, for payment by said Village, as the Council of said City shall determine as reasonable and warranted and shall prescribe for payment by said Village to said City. The said Village of Maplewood, as part of its obligations hereunder, after the connection of said public sewer systems hereunder, and upon the order of said City's Council , shall, at its own cost and expense, construct and complete a suitable sewage meter chamber and furnish and install therein and thereafter maintain a suitable sewage meter equipped with efficient remote registering and recording mechanism for the constant and accurate measuring, register- ing and recording of the volume of sewage as the same shall be discharged from said Village public sewer system into said City public sewer system hereunder, at the site and/or sites to be provided therefor adjacent to one or more of the aforesaid connections of said public sewer systems hereunder, by said City, in accordance with • the plans and specifications fierefor to be prepared and furnished b,, or in behalf of said City, and under the supervision and sub- ject to the approval of the Chief Engineer and Commissioner of Public Works of said City. That any such order of said Cit.' Council directed to said Village and for the latter' s construction and completion of any such sewage meter chamber and furnishing, installation, and maintenance therein of any such sewage meter, shall be in the form of a councilmanic resolution, and the adoption thereof and the imposition of any such requirements thereunder shall be deemed, in each instance, to be optional on the part of said Cit; Council ; that in the event of any such City councilmanic order and the compliance therewith by said Village, the • .v ' . /1044 -5- volume of sewage as the same shall be discharged from said Village public sewer system into said City public sewer system hereunder shall be constantly and accurately measured, registered and recorded by an installed, maintained and operated sewer meter of the type hereinabove described or equivalent , at the aforesaid site or sites ; that weekly readings of such registered and recorded sewage volume dischargedshall be made by said City for the accurate determination of such sewage volume discharged for each quar- terly billing period ; that in each case, such quarterly sewage volume discharged, as so determined, shall be computed at the volumetric rate of 7.5 cents per 100 cubic feet, and should such computation for any quarterly period represent an amount in excess of the aggregate amount otherwise provided to be billed hereunder, for such quarterly period, on account of aforesaid annual charges , aforesaid annual sewer rental charges , and aforesaid supplemental industrial waste charges , by said City to said Village, then in . such event , for such quarterly period in respect whereof the same would represent the' greater charge to be billed, the charge hereunder to be made and billed by said City and paid by said Village shall be that to be computed on such volumetric rate bases , in lieu of other charges . That said Village of Maplewood, in addition to all other charges and as part of its obligations hereunder, at its own cost and expense, upon the further order of said City Council , subject to the approval and supervision of saar�i Chief Engineer and said Commissioner of Public Workla furnish all plans , specifications , engineering services , labor, materials , equipment and supplies necessary therefor, and for the purposes hereof , completely construct and install, a line of public sewer, in, upon and along Margaret Street from the westerly extremity of the now contemplated Village public sewer, at or adjacent to the center of the intersection of Margaret Street and McKnight Road to the easterly extremity of the City 48" public sewer, at or adjacent to the center of the intersec- tion of Margaret Street and Winthrop Street , and all requisite permission-•and authority therefor shall be deemed to have been hereby granted by said City to said Village, subject to the provisions , terms and conditions of this Ordinance. Section 3. That said Village of Maplewood shall not permit any connections to be made to its said public sewer system in respect to any property lying beyond the limits of said Village, and that no connection other than that hereinabove expressly permitted and authorized shall be made between said Village public sewer system and said City public sewer system without further express authorization therefor by the Council of the City of Saint Paul. II 18:3690 n6/ -6- That said Village of Maplewood public sewer system, as the same shall be connected with said Ci .y of Saint Paul public sewer system, hereunder, shall carry only sanitary sewage flow limited to domestic and industrial wastes from houses and other structures exclusive of roof , storm, or ground water drainage. That said Village of Maplewood shall , b; its governing body, enact and otherwise enforce proper ordinances as may be suggested by the Council of the City of Saint Paul and conformable to law, for the regulation of the construction, use and maintenance of public sewers and house sewer connec- tions thereto within said Village limits , and, whenever any house sewer connection to said Village public sewer system is proposed for industrial purposes or other purpose, which will be calculated to cause a discharge of an unusual amount or character of sewage into said Village public sewer system, no permit therefor shall be granted unless and until the granting of the same shall be approved by resolution of the Council of the City of Saint Paul. Section 4. That-said. Village of Maplewood -shall be obliged to save said City of Saint Paul harmless from any damage, cost or expense, and fully indemnify said City of Saint Paul against any and all liability sustained by reason of the - connecting or the maintenance of the connections hereunder between said public sewer systems or by reason of any damage, cost , expense, or loss that may be sustained by said Village, its inhabitants , or any other person or persons connected with the use of said Village public sewer system, or by reason of the diversion into said Village public sewer system of roof water or storm water drainage. Soction, 5. That said City of Saint Paul shall have the right at all reasonable times and by the exercise of all reasonable procedures and facilities to inspect , explore, and survey all or any part of said Village public sewer system as the same shall exist at the time of the connection of said public sewer systems hereunder, and as the same shall be thereafter extended or otherwise altered, together with all house drain and other connections thereto then existing or thereafter constructed for the purpose, among other things , of determining whether or not the same conform to require- ments established by competent public authority and applicable to comparable sewers and sewer connections within the cor- porate limits of said City,• and that in each case where it is so found that any such Village sewers or sewer connections lack such conformity, said Village shall take appropriate action to the end of effecting the elimination of all such • • • 18:l690 //o 4/ -7- non-conformities and full compliance with all requirements established by competent public authority and applicable to comparable sewers and sewer connections within the corporate limits of said City. Section 6. That said Village of Maplewood, as condition precedent to its right to extend or enlarge its public sewer system as the same shall exist at the time of the connection of said public sewer systems hereunder, shall submit complete plans and specifications therefor to the Council of said City of Saint Paul and obtain the approval thereof and of such plans and specifications therefor by said City Council. That in each such instance the determination of said City Council shall be evidenced by its Resolution. Section 7. That said Village of Maplewood shall be obligated to save said City of Saint Paul harmless from all damages , costs , expense, and liability on account of any failure of said Village public sewer system properly to serve for the purposes hereinbefore designated any property located within the limits of said Village, and/or by reason of any injury occasioned by alleged inadequacy of said Village sewer system or connection therewith; and said Village shall be obligated to fully indemnify said City against liability on account of any action, claim or demand for the recovery of damages , costs , or expense by any party against said City in every such case. Section 8. That said Village of Maplewood shall be obligated to compile and maintain, as part of its public records , at all times available to the City of Saint Paul, a complete, accurate and current system of records showing the location and size of its said public sewer system as the same shall exist at the time of the connection of said public sewer systems hereunder and as the same shall thereafter be extended or otherwise altered and showing the location, size and nature of each house sewer or other sewer service connection and water service meter or private water supply system connected therewith existing at the time of the connection of said public sewer systems hereunder and thereafter constructed and maintained ; and that said Village shall be obligated, among ether things , to draft , compile and maintain as part of its public records , at all times avail- able to said City, a map showing the location, size and nature of construction of its said public sewer system and all house sewer and other sewer service connections therewith , together with a complete and accurate listing of all such house sewer or other sewer service connections and water • • ``aa 8 6 O Ho Co/ -8- service meters or private water supply system pertinent thereto, stating the location, size, nature of construe- w.. tion and character of the same, both accurately and completely reflective of such facts , at all times hereunder; and that said Village shall within 60 days after the connection of said public sewer systems hereunder furnish a certified counterpart of said map and a certified counterpart of said listing to said City' s Commissioner of Public Works . That said Village, quarterly thereafter as of January 1, April 1, July 1, and October 1 of each year, and within fifteen (15 ) days after each respective date, shall compile and draft supplemental maps and listings showing the then current situation and containing comparable data pertaining to its said public sewer system and all house sewer and other sewer service connections and water service meters or private water supply system therewith, and the date of each theretofore unreported extension, addition, or alter- ation in respect to said public sewer system and such service connections therewith, and thereupon deliver the same to said Commissioner of Public Works . Section 9. That combined billings of said annual charges , annual sewer rental charges , and extra sewage disposal service charges , as the same shall be applicable, shall be made quarterly by said City through its Commissioner of Public Works , to said Village, based upon the aforesaid information required hereunder, to be furnished b,- said Village to said City, pertaining to said Village public sewer system and such connections therewith, and such verification thereof or additional data germane thereto as said City shall elect to make and may obtain upon investigation. That such combined quarterly billings shall be made for the preceding quarterly period in each case as of January 1, April, July, and October 1 of each year, as applicable hereto, and shall become payable and be paid by said Village of Maplewood to the Commissioner of Finance of said City of Saint Paul, hereby charged with the collection of the same for and in behalf of said City of Saint Paul , respectively within thirty (30) days next after the billing date. That time of payment shall be deemed of the essence in respect of all billings by said City to said Village hereunder; that every such billing shall become and be payable within thirty (30) days next after the billing date; that each such billing which shall not be paid by said Village within said thirty day period shall become and remain the subject of delinquency on the part of said Village until fully paid with interest attach- ing thereto as hereinafter provided; and that every billing which shall become and remain the subject of delinquency in reference to payment by said Village shall bear interest at the rate of 6% per annum to the extent and for the period of subject delinquency and which interest shall be- come and be payable, in each such case, in addition to the principal of the subject billing by said Village to the said City hereunder. • f 18:3690 /1(0 1O/ -9- Section 10. That this ordinance, every permission and authority hereby granted, and every agreement between said City and said Village germane thereto or resultant therefrom shall be subject to all provisions of this ordinance and all applicable rules , regulations , and requirements prescribed and ;promulgated bf the State Board of Health of the State of I1innesota, or bi any' other State or Federal governmental agency having cognizance, and shall be deemed further sub- ject to all applicable ordinances and laws of municipal, state, and governmental authorities, except for any in- consistent rule, regulation, or ordinance of said Village of Maplewood. That said City of Saint Paul hereby reserves the abso- lute right to repeal this ordinance and to revoke and terminate every contractual relationship hereby established or provided to be established between said City and said Village, and every permission and authority hereby granted by said City to said Village, because of any default , neglect , non-con- formance or non-compliance by said Village in respect to any provision, term, condition, or requirement hereof deemed sufficient grounds for such action by the Council of said City. That any such repeal , revocation, or termination pursuant to such reserved power b said City of Saint Paul shall be in the form of an cr dinance duly enacted by its said City Council and by the service of a certified copy of such ordinance upon said Village of riapleood by or in behalf of said City of Sant Paul in the manner which shall be provided for such action under such repealing, revoking, or terminating ordinance. • That said Village of 'aplewood shall, by the adoption and employment of suitable methods , effect minimum acceptable standards as to the amount of infiltration of surface and ground waters in -respect to its aforesaid public sewer system. That said Village of ,laplewood shall adopt and employ effective measures to the end that no rain water leader from any house or other structure shall be connected in any manner with or discharge water into its said public sewer system, and that said Village of Maplewood shall at no time permit any house sewer or other type of sewer service connec- tion from any point outside of its village limits to any part of its said public sewer system at any time while any permission or authority hereby granted or provided to be granted shall be operative. Section 11. That said Village of Maplewood shall pass an ordinance formally accepting and agreeing to abide by all of the provisions , terms , and conditions of this ordinance in form to be approved by the Corporation Counsel of the City of • .16 4) ) 6/ -10- Saint Paul , and shall file a duly certified copy of such ordinance with the City Clerk and the City Comptroller of said City of Saint Paul within sixty (60) days from and after the effective date of this ordinance, and if at the end of such sixty-day period said Village of :.iaplewood shall not have formally accepted and agreed to abide by the provisions , terms , and conditions or this ordinance in the form and manner aforesaid, then all permission and authority hereby granted or provided to be granted by said City of Saint Paul to said Village of Maplewood to construct , connect , maintain, or operate said connections between said public sewer systems or for any purpose whatsoever shall absolutely terminate. Section 12. That in addition to all other reservations herein- above in favor of said City of Saint Paul and without quali- fying, limiting or impairing the same or any thereof , said City of Saint Paul hereby reserves the right , exercisable not oftener than once in each calendar year, through its City Council , to institute and conduct , either upon its own initiative or upon petition of said Village of Maplewood, such investigations as said City Council shall deer:i necessary and expedient in the premises , and thereupon determine the reasonableness of the aforesaid rates of charges or that or any of the same and revise, alter or change such rates of charges, or any of the same, as shall be required so that the same shall conform to those which said City Council shall determine and prescribe as reasonable and applicable. That each such determination, revision, alteration or change affecting such rates of charges or any thereof shall be effected by resolution of said City Council adopted by affirmative vote of majority of its members at a regular public meeting and approval and publication thereof , in each case, according to the provisions of the City Charter of said City of Saint Paul applicable generally to the adoption, approval and publication of resolutions of said City Council. Section 13. That in the event of any default by said Vilbge hereundEr , by reason whereof , according to pertinent provisions of Section 10 hereof , said City would have an absolute right to repeal this Ordinance and terminate all contractual relationships , permissions and authorizations effected hereunder, despite any contrary provision of this Ordinance, said absolute right shall not become exercisable by said City until said City shall have given written notice of such default to said Village and the elapse of 60 days after the giving of said notice without said Village having made good such default . Original to City Clerk ORDINANCE . �tE� (� COUNCIL FILE NO. // n PRESENTED BY ORDINANCE NO. ( l -11- Section 14. That despite anything hereinabove to the contrary, in each case, where real property located in said Village has been connected immediately with an abutting or adjoining public sewer of said City of Saint Paul or with an extension of any such public sewer under the control of said City, for sewage drainage purposes , under authority heretofore granted therefor by any resolution of the Council or by any ordinance of said City, for and during the operative period of such authority, the provisions , terms and conditions of the authorizing resolution or ordinance shall govern and apply in respect of charges , fees , rates and advance assessments , payable and to become payable on such account , to said City, in lieu of any otherwise applicable and compar- able provisions, terms or conditions of this ordinance. That no additional sewer connection shall hereafter be installed for the direct connection of any parcel of real property in said Village with any abutting or adjoining public sewer of said City of Saint Paul or with any extension of any such• public sewer controlled by said City, for sewage drainage purposes , except upon bases comparable to the charges, fees , rates and advance assessments prescribed as applicable to such outside City connections by City of Saint Paul Ordinance No. 8831, approved October 24, 1946, as amended, and by authority of a separate ordinance of the City of Saint Paul reflecting the same. , Section 15. That , despite anything of contrary import herein contained, the areas of said Village hereunder authorized to be serviced and drained as aforesaid, in their aggregate represent less than_ the entire area of said Village, and hereby are limited and restricted to the following specified parts of the same, to-wit : (1 ) That part of said Village lying north and east of Phalen Lake and between the north corporate limits of said City and Minnesota State Highway No. 36, and (2) That certain additional part of said Village lying between McKnight Road and East Ramsey County Line, and between Conway Street and Geranium Avenue; and that the drainage from said Village public sewer system into said City public sewer system hereby authorized shall be and hereby is limited and restricted to such drainage from the sewer lines of said Village public sewer system delineated in red thereon and indicated for "immediate construction" upon the Plot Plan of "Proposed Sanitary Sewer System for New Canada Township, Minnesota" prepared by Bettenburg, Townsend and Stolte, Architects and Engineers , bearing the further designation, "Exhibit No. 4" , dated November 17, 1955, and filed in the office of the City Clerk of said City of Saint Paul, which Plot Plan, by reference, Yeas Councilmen Nays Passed by the Council DeCourcy Holland Marzirtelli in Favor Mortinson Peterson Against Rosen Mr.President (Dillon) Approved: Attest: City Clerk Mayor 1M 6-56 oefoo 4 Original to City Clerk ' ORDINANCE COUNCIL FILE NO. � i PRESENTED BY ORDINANCE NO. ( -12- hereby is incorporated herein and, made part and parcel of this Ordinance. Section 16. That all outlets for public sewers of said Village draining the area of said Village, between English and Barclay Streets produced northerly, hereunder, shall discharge into a public sewer hereby provided to be constructed by said City in said McAfee Street , at an estimated cost of Sixty- three Thousand Dollars ($63, 000.00) , which shall be borne - by said City to the extent of 33 1/3 per cent thereof and by said Village to the extent of 66 2/3 per cent thereof ; that said City shall provide for the construction of said public sewer in said McAfee Street subject to such appor- tionment of the burden of the cost of the same between said Cit; and said Village ; that said Village shall deposit with said City, on or before March 15 , 1956, the sum of Forty-two Thousand Dollars ($42, 000.00) therefor and subject to application by said City as and for reimbursement to said City on account of said apportioned obligation of said Village for its payment of the equivalent of 66 2/3 per cent of said City' s cost necessarily incurred in and for the construction of said public sewer on said McAfee Street ; that said City, within the period of one year next after such deposit by said Village, shall commence the construction of said last mentioned public sewer and shall complete the same within six months thereafter; and that upon the construction and completion thereof , said last mentioned public sewer shall be maintained by said City, subject to the aforesaid- Village outlet uses , and further subject to ordinary City public sewage carriage and dis- posal uses . Section 17. That wherever it shall become necessary, for public sewage disposal purposes , that said Village or said City construct a public sewer on any borderline public thorough- fare running between said Village and said City, and upon which real property located within said Village and real property located within said City shall abut , and such public sewer shall be constructed, by either of them, thereon for such public sewage disposal purposes , the cost of such construction shall be borne by said Village and said City jointly, and the burden of such cost shall be apportioned between them on equitable bases , based upon availability of such borderline sewer for joint use by said Village and said City; and that in each such instance the same shall be equally available to abutting property within said Village Yeas Councilmen Nays Passed by the Council DeCourcy Holland Marzitelli In Favor Mortinson Peterson Against Rosen Mr.President (Dillon) Approved: , Attest: City Clerk Mayor 1M 6-56 otso,8 , Original to City Clerk - ORDINANCE COUNCIL FILE NO. 11 PRESENTED BY ORDINANCE NO. t 1 ka\ -13- and to abutting property within said City, subject to compar- able regulations and requirements in respect of sewer service connections thereto prescribed and enforced by said Village in respect of real property located therein, and prescribed and enforced by said City in respect of real property located therein. Section 18. That , as and to the extent that it shall become necessary, by reason of the aforesaid connections between said Village public sewer system and said City public sewer system, or by reason of any of the same, hereunder, that additional sewage disposal facilities be incorporated in the public sewer system of said City, such shall be done by said City subject to the obligation of said Village, in each such instance, to fully reimburse said City on account of said City's actual expense necessarily incurred in and for the incorporation of such additional facilities ; and that in no such instance shall said City be obligated to proceed with the incorporation of any such necessary additional facilities until said Village shall have deposited with said City the equivalent of the City' s reasonably estimated cost , in the premises . Section 19. This ordinance shall t .,e effect and be in force thirty (30) days after its passage, approval and publication. 'JUL 2 61957 Yeas Councilmen Nays Passed by the Council "DeCourcy / V Holland ✓ Marzitelli / In Favor b Mortinson // - ✓ Peterson L.Against " ' Rosen Mr.President (Dillon) JUL 2 6 19 Approved: �j.] Attest: , / /��/, � / _ _ \ I. , I 7 City Clerk ;� 7 r7' or r..V V ins s/ PUBL HE n 7.-3 _Isfit J-7 Duplicate to Printer • ORDINANCE .18PE;9 COUNCIL FILE NO. PRESENTED BY ORDINANCE NO. (/fr) � An ordinance granting permission and authority to the Village of Maplewood to connect the public sewer system of said Village of Maplewood to the public sewer system of the City of Saint Paul and thereafter maintain and operate the same as an out- let for said public sewer system of said Village for public sewage conveyance and disposal purposes , and providing applicable terms and conditions. The Council of the City of Saint Paul Does Ordain: Section 1. That the Village of Maplewood hereby is granted permission and authority, subject to all of the terms and conditions hereinafter expressed, to construct and thereafter maintain and operate suitable connections according to conventional engineering standards approved as to construction, location, and elevation by the Commissioner of Public Works of the City of Saint Paul at or adjacent to the intersections of : Margaret Street and Winthrop Street , Ruth Street and Larpenteur Avenue, White Bear Avenue and Larpenteur Avenue, Kennard Street and Larpenteur Avenue, and Chamber Street and Larpenteur Avenue, and McAfee Street and Larpenteur Avenue, joining the public sewer system of said Village with the public sewer system of said City, in the nature of and to be maintained and operated as the only outlet. for said public sewer system of said Village and for the expeditious , con- venient , and effective conveyance and disposal of sewage entering said public sewer system of said Village. Section 2. That said Village of Maplewood, as part of its obliga- tions hereunder, shall pay to said City of Saint Paul the sum of Six Dollars ($6.00) per year for each single family dwelling, two family dwelling, governmental building, church, or school house sewer connection existing at the time of the connection of said public sewer systems hereunder or thereafter made, to the said public sewer system of said Village; for each other resident ..' , commercial, or indus- trial property house sewer connection existing at the time of the connection of said public sewer systems hereunder or thereafter made to said public sewer system of said Village, the Village of Maplewood shall pay to the City of Saint Paul an annual charge to be determined by the Council Yeas Councilmen Nays Passed by the Council DeCourcy Holland Marzirtelli In Favor Mortinson Peterson Against Rosen Mr.President (Dillon) Approved: Attest: City Clerk Mayor 1M 6-56 Aa 8 184690 .2. Of1111City by resolution on the basil of relevant factors, including among others itYreePect of commercial -or:industrial property house sifter connections, in each instance, the character and daily volume of industrial sewage waste 'in.. volved and therefor. . said Village shall be obligated to furnish upon request of said City* all such data, to be collected in each instance and at the sole expense of said Village; provided that such annual charge for each such connection shall be the substantial equivalent of the amount charged through taxation to- properties of similar vai74e located, within the limits of said City of Saint Paul, but • in no event less than Six Dollars ($6.00) per yekrr.-..and Shall be subject to adjustment from time to time by the • • • Council of said -City. That. said Village- of Maplewood, pert of its tione hereunder, shall 'pay to the City of Saint 'Paul* in addition to the aforesaid 411.0104 thargea4t:. annuil sewer rental Charges' representing in each instance twite the amount of the annual sewer rental charge for similar service, applicable to property within said City of Saint Paul, and computed, assessed, and levied at the rates and upon the bases of the following schedule of .annual sewer rental charges -accord.. ,ing to the size of the water service meter installed and operated or determined as required to be installed and operated for each separate property which shall be connect4d with said public sewer system of said Village, to"wit ; water Service - Annual Sewer Meter Site Rental 'Charge - • 5/0* $ 8.00 3/4* 10.00 1" 1 :1/4* 24400' 1/2* .3$4,.00 • • -3* ,180.000 • • 432.00 60 --• •• 040.00 $* . 14440.00 •10* '2, 040.00 • . 12" • 2. .00 , . That said scheduled rates Of 'annualslwer •rental' eharges shall be subject to adjustment from time to time by the Council of the City of Saint-Paul, so that the same, in respect to each scheduled refteep.shall represent twice the „ . equivalent the rate annual sower rental charge applicable to property, equipped,.--with water service meter of corresponding site and located, within said City of Saint Paul. 69 /// 0 r. That said Village of Maple ood, as part of its obliga tions 'heareunder, shall,, at its own costa ,expens`e, after the `connection Of said public sewer system hereunder. collect And. 'compile al. re u s ,'te data therefor and deliver its written certification, f roes time .to tip., unto said city f saint Paul, as to the reasonable capacity of• each.private, water supply pump a et; pressure of 40 pounds per square inch. That the first such certification shall be made and delivered by said ll,a a to said City, w t hin 60. days next after such connection o ,:said pub la~ Saver system and. subsequent certifications;, for. similar purpose shall be Made and delivered by aai Villa e .to skid qty as shal l be required to the, a that the latter shall be advised currently in the premises That n respect of .property such shall be core of ed with Said Village t public sewer er .system. for 'the �` harge and disposal:of i.ndustris►l sewage. waste, additi� =f to aforesaid a p 40*bi dal s, er re al ,herge,4 and adds ► tio> al, to ai other.: 'Chores hereunder,; Said +City hereby reserves the right to. se such supplemental se age volume rate charge*: for b Said Village.the Council of City ,'sha 'determine as reasonable' and warranted. and shall prescribe for payment by said Village to said City The said Village of Mapialadado as part of its obligations hereunder,: after the connection of said .public sewer systems hereunder, and •Open the order of said ity 's Council,,. Shall .at its own cost and expense, construct and Complete a suitable sewage meter chamber ;And furnish and •install then ,and thereafter maintain a suitable sewage meter equipped with efficient remote registering and recOrding mechanism for the constant and accurate measurng, 'register- i ng and recording of the volume of sedge as the s ►.e s h a l l be discharged'-from. said Y a e public •sir system- into said City public sewer system heea ader, 'at th.e sine and/or sites to be provided •therefor .ad :a nt to one ,Or more of the aforesaid- connections of said public s:eteer systems hereunder, by 044 In accordance with the 1 .;Flans .and specif . bons or o be prepay and furnished; by or in behalf of said' City and undo the►.`s pervision ands b ,sec*. to the a. proval. o the of E -inlet and ' issioner of Public` o'rks;Of said Thal any such order of said• city unc i irecte to a d t ii a and for :the r l is to construction and co etion of any such sewage metes chamber and fnrni*hie installation, and ►ntenance therein.oaf any such sewage in'the ,form of a :unc,iimanic resolution, ,ate. tie aopan then and the' impositio ► • of., • an such ? its thereu die shams be eemed ; each dance, to be a ptiona l. an they .`art_ of said a" ty Council; that in the event of nn uch City 40. ci�l t order and the compliance therewith by said 1/1410 ge, the .183690 4-* . , volume of sewage as the s4me. shall be discharged from said $411144e, public sewer system into said City public sewer system hereunder shall 4.0,,-',4000ttr441':.#.44 -4*OcoratEay: '41eas4red-* registered ,and recorded by ' • operated sewer meter of the typat hereinabove described or equivalent, at the aforesaid site or sites ; that weekly readings of such registered: 'recorded,- **age volume ditiChargeiShal4 be made by said city for the accurate deterWinatioh of 040h. ..SOW*90:- volume discharged 'for each go4r. t44-x1Y:,,04,14#S.00400$4: 0*t:10:40440****'„:;0404 :4u***4V1Y 04049e.' 4014m0.4i.oher004* as ei>„:-44tereithe4i'ihall 'he computed at the *OluelettiC„'Irete''Of''-'7;$ cents per 100 cubic feet, and should such computation for any„quarterly period represent in- "imottat` in ercess. of the aggregate amount otherwise • provided to be '.'1.140100etii for 'such ,'.qui;sterAy period,on account of aforesaid ,annual charges,, aforesaid annual sewer rental charges, 'end ••aferetaatt, supplemental industrial waste, charges, by -4,41.4.,'!a*tY. 10. 444-41:'.!144104".. .,004-441---,,tti such event, for such quarterly period in respect Whereof the same :=weuld', represent the greater Charge to be billed, the charge .hereunder to be made and billed by said City and paid by iiit'Yilia01-ehell he that te. be computed -Oh • , such volumetric rata bataali:. ii0a, 'Of other charges. .• • • • . ,.• , • .• That said Village of $4071istoocif in ;. • 0041**•''''ahak*iteas.,:4)44- as 'pot Of- hereunder, • at its own cost and expense, 004.a the further order of ***0-'44i4i, ;b004144:401ot to:*11.400-!4ppx00 #43010***isipn •, Of-'•'Sq43.',40344thf Engineer and, said Commissioner of Public , • • Workstrnish -•..024..iii4.4”• services, labor, materialt, . 04utOmOintnandf,topplies .: necessary thO00t4 .:40:10*Ht#44#0,0**0**eofol*Plet014 -..-construct and install, a 1040•:';..0t.'0.*U0 sewer, in, upon • Oct, :01,ailti'..Maitia*it Street ft0*.'tbe:wes-tiO)4' • of the now 04144 sewer, at to the or adjacent tento*,:of the intersection it Margaret'Street and McKnight Road to the easterly extremity of the City 48" . public 7 sewer, at or adjacent.'•to center of the :ihterSoc, tOra of Margaret Street and Winthrop. Street, and all requisite permission and authority theref or shall be deemed to have been said City to said Village, to the provisions, terms and conditions of . this Ordinance. Seition. ,30 That said Vi14*-9., of Maplewood ,shall not permit any connections to be made to its said pit)410:*Eifet ,.0)t**90m: in respect to any••0000-44 4144 beyond the limits of said Village,'; and that no connection'.Othii;e'.than. that -hataiaabova . . exp*iitiy,-petinittettl'It*t 314t1)0,440....tha4.,ha.:at4a.,hatataaa' said Village public swer system and said City public sewer system without .f#*.that';'010;00 authoizat ion 'khlf,tefeiv by the Cotittcti, of the City of Saint Paul. • /./ D That said Village of Maplewood public sewer system, as the same shall be connected with said City of Saint Paul public sewer system, hereunder* shall carry only sanitary sewage flow limited to domestic and industrial wastes from houses and other structures exclusive of roof, storm* or ground water drainage That said Village of Maplewood shall, by its governing body, enact and otherwise enforce proper ordinances as may be suggested by the Council of the City of Saint Paul and conformable! to law, for the regulation of the construction, use and maintenance of ublic sewers and house sewer connec- tions thereto within said village lets, and whenever any house sewer connection to said Village public sewer system its proposed for industrial purposes or other purpose, which Will be calculated to cause a discharge of an unusual amount ar character of sewage into said Village public sewer system, no pelt': therefor shall be granted unless. and until the granting of the same shall be approved by resolution of the Council of the City of Saint Paul. Section 4. That said Villa?* of plewo�od shall be obli d to save said City of Saint Paul harmless from any da{r!°gel cost or expense, and fully indemnify Said City of saint Paul against a any and all liability satained by reason of the connecting, or the maintenance of the connections hereunder between said public sewer systems or by reason of any damage, cost, expense, or loss that may be sustained by said Village, its inhabitants or any other person or persons connected with the use of said Village nubble serer system, or by reason of. the diversion into said Village public sewer system of roof waterer storm water drainage. S Sectiont # That said City of Saint Paul .shall have the right at. all reaasonaable tees and the exercise of all reasonable procedures and facilities to inspect, explore, and , survey all or anY Pert of said Village public sewer system as the same shall exist at the time of the connection of Said public s+ a systems hereunder* and as the same shall be thereafter extended or otherwise altered, together with all. house drain and other connections thereto then. existi.na- or thereafter constructed for the p'! pose awing other things, determining deterng whether or not the same conform to require. meats established by competent public authority and applicable to , omparable sewers and s a e's con *flattens within the.within potato limits of said City,, and that in each case where it is so found that any such Village sewers or sewer- connections lack such conformit , said Village shall take appropriate action to the end of effecting the elimination of all such 18t1690 I non-conformities and full, compliance with all requirements established by competent public authority and applicable to comparable sewers and sewer connections within the corporate limits of said City. Section 6. That said Village of Maplewood* as condition precedent to its right to extend or enlarge its public senor system as the *erne Shell exist at the time of the connection of said public, *ewer systems hereunder* iShall submit complete plans and specifications therefor to the Council of said City of Saint Paul and obtain the approval thereof and of such plans and specifications, therefor by said City Council* That in each such instance the determination of said City Council shall be evidenOed by its Resolution. Section 7,, That said Village of Maplewood shell be obligated to save said City of Saint Paul harmless from all damages* cost , expense, and liability on account of any failure of said Village public sewer system properly to serve for the purposes hereinbef ore designated any property located within the limits of said Village* and/or by reason of any q 11 injury occasioned by alleged node uocy of said VI. age sewer system or 0040000.011 therewith; and said Village shall be obligated to fully indemnify said City against liability on account of any action"- claim or demand for the recovery of dameigee, costs, or expense by any party against said City in every such case. Section 8. That said Village of Maplewood shall be obligated to compile and maintain* as part of its public records, at ell times available to the City of Saint Paul, a completes accurate and current system of records showing the location and size of its Said public sewer sYstem -as the same shall exist at the time of the connection of said Public *aster systems hereunder and as the Same shall thereafter be extended or otherwise altered and showing the location, size and nature of each hewse sewer or other sewer service connection and water service meter or private water supply system connected therewith existing at the time of the connection of said Public sewer *rotes* hereunder and thereafter constructed and maintained; and that said Village shall be obligated, amongiWar things* to draft, compile and maintain as part of its public records* at all times avail. able to said city, a map showing the location, size and nature of construction of its said public SOWSZ system and all house sewer and other sewer service connections therewith* together with a complete an accurate listing of all such house sewer or other sewer service connections and water 1.8,.3690 lla service meters or private water" supply systew:pertinent thereto, stating the location, tit** ,nature of oonstruc* tice: and character of-the .snne0' .beth,40Ourately..and completely reflective .et *Uch. fact** at all time hereunder; and t at said Village Shall Within 60 days after the connection of said public **Wet *Viten*, hereunder furnish a certified counterpart of said 00P and a certified counterpart of said listing to said,eityja COseele.Sta*Ertcof Public Works. That said Village.. .quarterly thereafter as of January 1* April 1, July 1. and'OctOber 1 of ;each. year* and •Inithiti. fifteen (15) ,day* ' after; each respective: date,: compile and draft supplemental maps and listings showing the then current situation and containing comparable data pertaining - to its said public sewer system and all hoote sewer and other sewer service connections and water 'service, meters or private. water .Supply. system therewith* and the date of each theretofore .unreported extension, addition, or alter.* ation in respect to said publio,,Sewe,r syeten and such service Oonneetiont, therewith. And thereupon 'deliver the same to said '.Coemlissioner of Public Works. Section 9. That committed ,billings of said annual charges , annual sewer ,rental' charge** and extra Selvage 'disposal service charges,- as- that**, shall ,b04pOlit414,* 4hall be made quarterly by said City through its commuitioner-oflub440 Werks. 'to .said ,Village.. based upen,,the' afereSald' information required hereunder* to be furnished' biatid Village to said City* required hereunder, said Village public ,Seler ,systemend such connections therewith* and such verification thereof or additional data germane thereto' as said city shall elect to make and may Obtain upon investigation, That such combined quarterly billings shall be made for the Preceding quarterly Period in each Cat, as of January 10 April, July,. and October 1 of each year, as applicable :hereto* and _shall become payable and be ,paid by said Village of Maplewood to the Commissioner of Finance of said City of Saint Paul, 'hereby charged with the cohleetion of the. tame for and in ,behalf of said City of Saint Paul* respectively within thirty (30) days .next -after the billing date. that time of payment shall, be deemed of the essence in respect of all billings by said City to said Village ,hereunder; that every such .billing shall become and be payable within thirty ,(30),days next after the dittet'that. :each.alich billing which shall not be ,paid. by said Village,within said..thirty day,,period shall, become and remain the Subject of delinquency on the part of said Village, until fully ,paid with interest attach* in thereto as hereinafter providedt. and that every billing which shall become and remain the subject of delinquency in reference to payment by said Village shall bear interest at the rate of 44- per annum to the extent and for the period of. subject delinquency' and which interest shall be- come and be payable, in each such ,caser in addition to the principal of the subject billing by said Village to the said City hereunder* .18:3690 t/i *9*. Section 10 That this ordinanee., every permission, and. author. ty hereby granted:x ,and: ever Agreement agreent '-between 4410 ;City and said Village; germane .ther*et or r ul 'nt therefrom shall be subject 'to a 1, •of this .nine and ill applicable. es, regula o , 'arid req,�a�rto prescribed and' romulj to t b they►. to a rd oaf' Health''of h+ez State ' M na esd a, 'air ncyr a ny o er h wing , to ' 'fug rtvherer n se+ua btso► *ct l Municipal* state, and governmental, authorities,' except co sistent: :rul:i , regulation; or ordinanc _of said'.Villa le o ,Maplewood*. That said city o Saint Paul hereby team:yea the abso , lute right 'torepeal this ordinance. aind, to revoke and terminate every contract ; relationship p -h ereby established, •or ,,provided to• be ettabliettekr between 'said, ,qty as aid ' i le a$ , sdd everyrper sio sad a thorny hereby granted by` said pity . to said ►usage, be ause of any-;d ult, `ne act,. on o formance or non.*-p nitillae.e by• said lee h respect• to any provisi n, term, condition, dr ,w a nt hereof deemed.. sufficient • grounds ter 'sect► a cti n by the Council :of said • City. That any such repeal.*, revocation, oar termination pursuant to ;.s ch, reserved' power y said ,ty b ; , lit pram Shall be In:`tie -fo e . en. c `di a dam' naeted`b it s said City 'Co oil and by the se e ,of rt ied.yep such ord hce �n said, by or n behalf e s'aid City of t " aul the-` r which Shall be i prorded to*:such action der swath .repl. ng, r'e`oking,. or terminating..Ordinance.' ..,r That said ' "il:. ge of, 0 , Shalt* by t adoption and employment .: ►f suitable method's, ` ect mini 'acceptable. standards ass to the amount of in iltratioai ,:e ` sui a ;ce . and ground, litters in resp ct ' to its or a: d public serer s stem. That acid le e a Maplewood a el.l addo t' a n d employ effective to .the ;a'nd that he rain Water leader from any•houe* er other structure: shall be•connected in any manner with i is its said lubli seater systm,.and. that Maplewood hal at' no t permit 'illy house" sewer o 'oth .type .of seer service one ec•tion friar, any paint. out ids is ' iile a ate to • any part of its a aid ubli .: sewer system 'at any, time' chile any mi perss .on'or authority hereby. granted or .provided' to be anted shall be aperatiitet • Section 1. •That sa .d..'Village: of Maplewood shall,pass an` ordinance e .ilya accepting and a eingr tp e by 1.1 eat; the and conditions o h ,ordinance ,in 'form to be a, pared by the Corporation' Co'u ei el* the City of I83690 J1c ,1i Saint Paulo and shall file a duly certified copy of such ordinance with the City Clerk and the City Comptroller of said City ::$44:3%t Paul within sixty (60) days from and after the effective date of this 'o*41*11004: and if at the end: of such 0144.1441.,.010404 '.0$4.,'Ytilegei gapIeiOod,' shall not have formally accepted 4A4 .45teed,•to abide by the .provisions, ter**. and conditions or this Ordinance in the form and manner aforesaid, then all ,permission and authority hereby granted or provided to be granted by said City. of Saint Paul to said :Village'•,-of-SaplOood to construct, coogiot0 maintain, or operate said •,connections between said systems • or for any purpose whatsoever Shall Steel044y.:terminate. • Section That in addition to all ,other reserVationt ,harein», above in favor of aia$41.:•.44ty of Saint Paul arid without quali- fying, ,limiting or i•MPaiiingH'ithe:441410 or :any.--thereef .:said-- 04y of'$attit.'1414" hareby resor*14,.,tha -right, :exercisable not ,ofte0er:•".th4i once in each calendar year, through::: :#0:• city Council, to institute and conduct, either 40'44 'own initiative or upon petition of Said Village of Maplewood, such investigations as said City Council shall deem necessary • and axitettiaat: 44*- tha •Ork.404eto and thereupon deterMine- the.. reasonableness of the .:,,aforesaid.: rates;of charges or that or any of the same and revise, alter or change such rates of charges, or, any of the Stale* as shall be required s© that , , • . the, same shall conform'to those which said city.Council shaltdetemaine and prescribe reasonable and applicable. That each such determination, revision,' alteration Or change 'affecting such rate* of'charges or any thereof shall be effected by resolution of said City Council adopted by•-affirmative Vete of majority of #4. ake*ers. at a regular public, Meeting and approval and -,publication thereof each cattei :a000rding to the provisions of the City charter of said City of '':Saint Paul applicable.',oepeta:fly,'to-:-the adoption* .approval and publication of resolutions of said City. council. 'Section: 13. That in the event of any default by said .Vilbge•hereuntkfr by reason whereof, according to pertOefitfoorAtioe''Of: Section 10 hereof, said City• woolid:'haira•.an:.abselUta,right to repeal this OrdinanCeand-HterMinateall 'contractual relationships, permissions and authorizations effected hereunder, despite any 000ttowOvototeiolv,of this Ordinance, said absolute right shall not become exercisable by said City until said City shall haVe(giVIOL*ritten AOti0e of such default to taid: Villagaandfthe-014Psa:of 60 days of giving after the said 'notice without said Village having • _ made good such default. Duplicate to Printer ORDINANCE 18:3690 COUNCIL FILE NO. ' PRESENTED BY ORDINANCE NO. G ( -11- Section 14. That despite anything hereinabove to the contrary, in each case, where real property located in said Village has been connected immediately with an abutting or adjoining public sewer of said City of Saint Paul or with an extension of any such public sewer under the control of said City, for sewage drainage purposes , under authority heretofore granted therefor by any resolution of the Council or by any ordinance of said City, for and during the operativo period of such authority, the provisions , terms and conditions of the authorizing resolution or ordinance shall govern and apply in respect of charges , fees, rates and advance assessments, payable and to become payable on such account , to said City, in lieu of any otherwise applicable and compar- able provisions, terms or conditions of this ordinance. That no additional sewer connection shall hereafter be installed for the direct connection of any parcel of real property in said Village with any abutting or adjoining public sewer of said City of Saint Paul or with any extension of any such public sewer controlled by said City, for sewage drainage purposes , except upon bases comparable to the charges, fees, rates and advance assessments prescribed as applicable to such outside City connections by City of Saint Paul Ordinance Yo. 8831 , approved October 24, 1946, as amended, and by authority of a separate ordinance of the City of Saint Paul reflecting the sane. Section 15. That , despite anything of contrary import herein contained, the areas of said Village hereunder authorized to be serviced and drained as aforesaid, in their aggregate represent less than the entire area of said Village, and hereby are limited and restricted to the following specified parts of the same, to-wit : (1) That part of said Village lying north and east of Phalen Lake and between the north corporate limits of said City and Minnesota State Highway No. 36, and (2) That certain additional part of said Village lying between McKnight Road and East Ramsey County Line, and between Conway Street and Geranium Avenue; and that the drainage from said Village public sewer system into said City public sewer system hereby authorized shall be and hereby is limited and restricted to such drainage from the sewer lines of said Village public sewer system delineated in red thereon and indicated for "immediate construction" upon the Plot Plan of "Proposed Sanitary Sewer System for New Canada Township, Minnesota" prepared by Bettenburg, Townsend and Stolte, Architects and Engineers , bearing the i'.1.c.ther designation, "Exhibit No. 4" , dated November 17, 1955, and filed in the office of the City Clerk of said City of Saint Paul, which Plot Plan, by reference, Yeas Councilmen Nays Passed by the Council DeCourcy Holland Marzitelli In Favor Mortinson Peterson Against Rosen Mr.President (Dillon) Approved: Attest: City Clerk Mayor 1M 6-56 H.ekit , 8 1st 7J// 2n Laid over to 3rd and app. ) Adopted Y 6 Yeas Nays Yeas Nays eCourr eCou y o/lI Ilan olla ar zitelli arzitelli Mortinson Mortins 1 erson ..d . ( / 6 l y o Dillon r. President Dillon s i8 690