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193131Original to City cleric LAF ORDINANCE C�1 PRESENTED BY r COUNCIL FILE NO 193131 ORDINANCE- NO ___J�U 9boa 01 'D ?n.. �Pt$'J91.i ..P9}IQQL� �..i..•ru? Fir' -,1 T ,11D � An ordinance amending Ordinance No. 11061, entitled: "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 outlet for said public sewer system of said Village for public sewage conveyance and disposal purposes, and providing applicable terms and conditions." approved July 26, 1957, as amended. This is an emergencyordi- nance rendered necessary for the preservation of the public peace, health and safety. ` THE COUNCIL OF THE CITY OF SAINT PAUL DOES OR DA IN : Section 1. That said Ordinance No. 11061, approved July 26, 1957, as amended, be and the same hereby is further amended in the following particulars, to -wit: That Section 1 of said Ordinance No. 11061, as amended, shall be and hereby is amended so that the same shall read as follows: "Section 1. That the Village of Maplewood hereby is granted permission and authority, subject to all ofthe 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 t� the intersections of: Margaret Street and Winthrop Street, Ruth Street and Larpenteur Avenue, OQ z White Bear Avenue and Larpenteur Avenue, Kennard Street and Larpenteur"Avenue `4 ~ CYiamber Street and Larpenteur Avenue, IL b McAfee Street and Larpenteur Avenue, Stillwater Avenue and McKnight Road, Q c Larpenteur Avenue and Flandrau Street, Parkway Drive and the North City Limits, McKnight Road and Nokomis Avenue, McKnight Road and Stillwater Avenue EE �tt LLimi s a r ximat tt 128g0 feet o[� f of p erddAft n t, dd E:Jiti ng a gliic seweer systemabfasaidc iffageftwoithatn eStiAvenue, poi ing p 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 Vilbge and for the expeditious, convenient, and effective conveyance and disposal of sewage entering said public sewer system of said Village." Yeas Councilmen Nays Passed by the Council DeCourcy Holland Mortinson In Favor Peterson Rosen Against Winkel Mr. President (Dillon) Approved: Attest: City Clerk Mayor IM 12-57 ; 8 PUBLISHED Original to City Clerk ^4 i, ORDINANCE COUNCIL FILE NO PRESENTED BY ORDINANCE NO. • - 3131 Council or governing body, and the filing of a certified copy of the same with the City Clerk not later than 60 days n6xt after the official publication of this amendatory ordinance. ; Section 3. This ordinance is hereby declared to be an emergency ordinance rendered necessary fot the preserva�ltion of the public peace, health and sifety. Section 4. This ordinance shall take effect and be in force upon its passage, approval and publication. f •A Yeas Councilmen Nays DeCourcy Holland Mortinson Peterson Rosen Winkel , Mr. President (Dillon) City Clerk -67 8 i r AUG 4 1959 Passed by the Council Tn Favor Against Approved: AUG, 4 1959, /,(� h 1 —V " � �- Mayor ,.,.3131 a and that S,.ection:l5 of the same shall be and hereby is amended so that the'same shall read -as follows: "Section 15. That, despite anything'of con- trary import herein contained, the areas of said Uillage_.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; (2) That certain additional East of said Village lying between McKnight Road and East Ramsey.County Line, and between Conway Street and Geranium Avenue; (3) that part of said Village lying between McKnight Road and East Ramsey County Line; and between Geranium Avenue and Holloway Street; (4) - that part of said Village lying between Minnesota Trunk Highway i No. 36 and Gervais Avenue, and between Barclay Avenue and Germain,. Street; (5) that part of said Village bounded on the west by the Northern Pacific Railway, on the north by Kohlman Avenue (produced), on the east by Axiel Street and on the,' south by the following, line: • Beginning ,at ' the intersection of Ariel• and Minnesota Trunk Highway ti No.'36; thence west. on Minnesota Trunk..Highw,ay No. 36 �.. to Germain; thence north on Germain to Gervais; thence west.on- Gervais to° Barclay;; 'thence south on Barclay 'to Minnesota Trunk Highway No.-36; thence'west on Minnesota Trunk Highway No. 36 to the Northern Pacific Railway; (6)'' that part of said Village lying between the North City Limits and the Minneapolis, St. Paul & Sault Ste. Maxie Railroad and between Arcade-Street and Greenbrier Street; and thart 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 timmedia to construction'_ upon the Plot 'Plan of 'Proposed Sanitary -.Sewer System -for New Canada Township, Minnesota', prepared by Bettenburg,, Townsend f .and Stolte, Architects and Engineers, bearing the further designation, 'Exhibit-N6. 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, - _- •.. - . " hereby is ,incorporated herein and made part' and `parcel - of this Ordinance, and from such additional and necessary sewex. lines of said Village'-public sewer system as-said City's Commissioner of Public. -Works shall ' approve." ,; _ � , Section 2., That this amendatory ordinance shalh be deemed dependent'-for its operative effect-upon the acceptance of the same-and the concurrence therein !by sa id­Village' of . _ f - •Maplewood;,, evidenced- by' an ordinance passed by its-Village 2 Section h ,a. That r 11061, as amended,' shall by inserting therein and -,thereof the ,following: Section 16 of said Ordinance No. be and the same hereby.is amended adding thereto as the second paragraph {�f=' "That all outlets for - public sewers of said f r Village draining the area , of said Village covered i b t Conwa Street on the north hereby "and ly ng a weep y andc­Lower ;Afton Road on=the -south- (both projected.,_. r easterly to the extent necessary) shall discharge into awpublicT sewer hereby provided to be constructed by said Gity. designated,as Battle Creek Sewer Syrtem- ;Eastern Branch'Sanitaxy Sewer Extension therein; and -.-particularly described and delineated in that certain Resolution of the Council of said City designated as Pteliminary.Ordes No. 192226, approved May 7, 1959, and hereby incorporated herein and made part and parcel hereof with the °same inte6t,'purpose and effect.as if said Preliminary Order were fully set forth herein, at an •estimated- `cost• of Ninety -six Thousand Three Hundred 'Dollars ($96'9300.00), which shall, be borne by said City to the extent of 33 1/3% thereof and by'-said Village -to the extent of 66 2/3% thereof, that. said City shall provide for.-the constr.uetion of said public_.sewer,-. -said Battle Creek Sewer System - Eastern Branch Sanitary r Sewer Extensions subject to such apportionment of the the -;cost ofY%.the =same- between- said:City� and= -- said Village; that said Village shall deposit with said City, on or, before' becember 15, 1959,, the sum of Sixty- four Thousand Two Hundred- Dollars"($64,200.00) therefor., T - and subject to application.by said City as, and for xe- t- imbursement to, said City on account of said apportioned.' obligation of said Village for. its payment of the, equivalent of 66 2/3% of said City's costs necessarily 4 <inc`urre.d. In and for the- cons trust ion of sa id publ is sewer, said Battle Creek Sewer System- Eastern Branch , Sanitary 'Sewer Extension; that said City, within the - period ofone year -next,'after such deposit by-said Village; shall commence the construction of'said last mentioned public- sewer ;ana -shall complete the same within six months,` _ ` thereafter; and that upon the construction and completion th'ereof''said--last, mentioned public sewer shall be main- ; stained by` said City,. subject to the-aforesaid Village outlet - uses, and' - further subject to ordinary City-public sewage ...... --,c arr- a- ge'. -a gd j�tsppea l - uses : 1s I 2n Laid over to 3rd and app do- Yeas Nays Yeas Nays DeCourcy e urcy I Holland Holland / Mortinsoir ;�ete fison Peterson f on R osen Winkel Winkel s Mr. President Dillon r. President Di on a