HomeMy WebLinkAboutNo 44 Accepting the Provisions, Terms and Conditions of Ordinance #11061 of the City of St. Paul, MN Approved July 26, 1957, Being an Ordinance Granting Permission to the Village of Maplewood to Connect with the Sewers of the City of St. Paul...ORDI NANCE NO. �h,
�- AN ORDINANCE ACCEPTING THE PROVISIONS, TERMS
AND CONDITIONS OF ORDINANCE #11061 OF THE CITY
OF ST. PAUL, MINNESOTA, APPROVED JULY 26, 1957,
BEING AN ORDINANCE GRANTING PERMISSION TO THE
VILLAGE OF TV,APLEWOOD TC CONNECT WITH THE SEWERS
OF THE CITY OF ST. PAUL AND PROVIEI14G PROVISIONS,
TERMS AND CONDITIONS GOVERNING SUCH PERI4TISSION.
WHEREAS, The City of St. Paul, Ramsey County, Minnesota, has
heretofore by Ordinance No. 11061,approved July 26, 1957, granted
permission to the Village of Maplewood to connect its sewer system
to the sewer system of the City of St. Paul upon and subject to the
provisions, terms and conditions therein set forth, said Ordinance
No. 11061 being by reference thereto, hereby included herein and
made part hereof with the same intent, purpose and effect as if said
Ordinance No. 11061 were set forth herein. verbatim,
THE VILLAGE COUNCIL OF THE VILLAGE OF MAPLEWOOD DOES ORDAIN AS FOLLOWS:
Section 1. The Village of Ivaplewood does hereby accept and agree
to abide by all the provisions, terms and conditions set forth in
Ordinance No. 11061 of the City of St. Paul, Ramsey County, Minnesota,
approved July 26, 1957.
Sec. 2. Upon passage, approval and publication of this ordinance,
the village clerk is hereby authorized and directed to file a duly
certified copy of this ordinance with both the city clerk and the city
comptroller of the City of St. Paul.
Sec. 3. This ordinance shall take effect and be in force from and
after its publication_ according to law.
Passed the Council of the Villace of
Maplewood this 13th day of Sept,- . , 1957.
Attest:
�---
Mayon
Ayes - J
Clerk Nays -
iu ,
Council File No. 183690—Ordinance No.
11081 -By Bernard T. Holland, by re-
quest—Frank D. Mdrzitelli—
An ordinance granting permission
and authority to the Village of Maple-
wood to connect the public sewer
system C
of said Village of Maplewood to
the public sewer system of the ity
of Saint Paul and thereafter maintain
and operate the same as an outlet for
aeld.public sewer system of said Village
far public sewage conveyance and dis-
aeltermso es. conditions.riing applic-
able .
The Council of the City of Saint Paul
Dues Ordain:
SECTION 1
That the Village of Maplewood here-
by is granted permission and author-
ity, subject to all of the terms and
conditions hereinafter expressed, to
construct and thereafter maintain and
operate suitable connections according
to conventional enginebring standards
approve as to constructinn, location,
and elevation by'the Commissionerof
Public Works of the City of Saint Pal
at or adjacent to ,the intersections of:
Margaret Street and W[nthcap Street,
Ruth Street and Larpenteur Avenue,
White Bear Avenue and Larpenteur
Avenue,
Kennard Street andLarpenteur Ave-
nue, and
Chamber Street and Larpentuer Ave-
nue, and
McAfee Street and Larpenteur Ave-
nue,
Vpining the public sewer system of said
age with the public sewer system of
said Clty, ih the nature of and to be
maintained and operated as the only
outlets for said public sewer system of
said Village and for the expeditioua.
convenient, 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 obligations 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 build-
ing, church, or school house sewer
connection existing at the time of the
connection of said public sewer sys,
tems hereunder or thereafter made, to
the said public sewer system of said
Village; for each other residential,
commercial, or industrial property
house sewer connection existing at
the time of the connection of said
public sewer systems hereunder or
thereafter made to saidpublic 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 of said
City by resolution on the basis of
relevant factors, Including among oth-
ers in respect of commercial orindus-
trial property house sewer connections,
in each hlsiance, the character and
daily volume - of industrial sewage
waste invnlved and therfoq said V.111-
age 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; pro-
vided that such annual charge for each
such connection shall be the substan-
tial equivalent of the amount charged
through taxation to properties of simi-
lar value located within the limits of
said City of Saint Paul, but 1n 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 Villagge of Maplewood, as
part of Its obligafIons hereunder, shall
pay to the City of Saint Paul, in addi-
tion to the aforesaid annual charges,
annual sewer rental charges repre-
senting in each instance twice the
amount of the annual sewer rental
charge for similar servlce applicable
to property within Said City of Saint
Paul, and computed, assessed, and le-
vied at the rates and upon the bases
of the following schedule of annual
sewer rental charges acconiing to the
size of the water service meter in-
stalled 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:
such private water Sul, ' pump at,
pressure of 10 pounds pervquare inch.
That the first such certIlication shall
be made rod delivered by said Village
to said Cr'ty within 60 days next after
such cor.yeetion of said public sewer
systems, i nd subsequent certifications
for slmil8' purpose shall be made and
delivered t said Village to said City
asshall be sqquired to the end that
the latter s. 'll be advised currently
in the premi. es.
That in respect of property which
shall be connected with said Village
andlledisP salsy94 mindustrfar ialdtsarge
sewage
waste, addition a"" aforesaid appli-
cable annual sewer r2ntai charge, and
additional to all other applicable char-
ges hemunder, said City hereby re-
serves the right to Impose such supple-
mental sewagevolume 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 ww'
hamber and frff`hT if alidTns athere-
in and thereafter maintain a suitable
sewage meter equipped with efficient
remote registering and recording..me-
chanism for the constant and accurate
measuring, registering and recording of
the volume of sewage as the same shall
be discharged from said Village public
sewer system into saidCity public
sewer system hereunder, at the site
and/or sites to be p,;yilied therefor
adjacent to ne or. t.Fe g1__}t,lhle.afare-
said connections of sal7"pdbllc sewer
systems hereunder, by said City, in
accordance with the plans and specifi-
cations therefor to be prepared and
furnished by or in behalf of said City,
un
and der the supervision and subject
I
o the approval of the Chief Engineer
and Commissioner of Public Works of
said City. That any such order of said
City Council directed to saitl Village
and for the letter's construction and
cgtnpletj0'fi:pi_ such`SeW"a`e_ntelfr
chambelj and Yurn a ns a orlon,
dhd`nis111tenance 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 hereunder
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 com-
pliance therewith by said Village, the
volume of sewage as the same shall
be discharged from said Village public
sewer system into said City public
sewer system hereunder shall be con -
readings of
ed sewagev
sewage volume discharged for each
quarterly 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 anyquarterly
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 an -
in respect wneregr the same
would represent the greater charge to
be billed, the charge he
to be
made and billed by said City and
paid by saidVillage 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 said Chief Engineer and said Com-
missioner of Public Works, shalt fur-
nish all plops. specifications. engineer-
ing services, labor, materials, equip-
ment and supplies necessary therefor,
same conform to requirements estab-
lished by competent public authority
and applicable to comparable sewers
and sewer connections within the
corporate 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 non -conformities and full
compliance with all requirements es-
tablished by competent public author-
ity and applicable to comparable Saw.
era 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, shallsubmit
complete plans and specifications there-
for to the Council of said City of Saint
Paul and obtain the approval thereof
and of such plans and specifications
therefor by Bald 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 dam-
ages, costs, expense, and liability on.
account of any failure of said Village
public sewer system properly to serve
for the purposes hereinbefore desig-
nated any property located within the
limits of said Village, and/or by reason
of any injury occasioned by alleged
Inadequacy of said Village sewer sys-
tem or connection therewith; and said
Village shall be obligated to fully in-
demnify said City against liability on
account of any action, claim or de-
mand for the recovery of damages,
costs, or expense by any party against
said City In every such case.
SECTION e
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 thawing the
location and size of its said public
sewer system as the same shall exist
at the time of the connection of sold
public sewer systems hereunder and
as the same shall thereafter be ex-
tended or otherwise altered and show-
ing the location, size and nature of
each house sewer or other sewer ser-
vice connection and water service me-
ter or private water supplysystem
connected therewith existing at the
sewer systems hereunder and there-
After 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 available to said
City, a map showing the locatlon, size
and nature of construction of its said
public sewer system and all house
sewer and other sewer service con-
nections therewith, together with a
complete and accurate listing of all
such house sewer or other sewer
service connections and water service
meters or private water supply system
pertinent thereto, stating the location,
size, nature of construction and char-
acter of the same, both accurately and
completely refilective of such facts, at
all times hereunder; and that said
Village shall within 60 days after the
connection of said public sewer sys-
said Village, quarterly thereafter as of
January 1, April 1, July 1, and October
1 of each year, and within fifteen (151
days after each respective date, shall
m
copile 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'.ervlce connections and water
service meters or private water supply
system therewith, and the date of each
theretofore unreported extension
or alteration In respect to said
public sewersystem and such service
connections therewith, and thereupon
deliver the same to said Commissioner
of Public Works,
Thatsam vniage of Maplewoon
.hall, by the add ilfion and employment
of suitable meth 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 system, and
that said Village of Maplewood shall
at no time permit any house sewer
or other type of sewer service con-
nection from any point outside of its
village limits to any part of its =aid
public sewer system at any time While
anypermission or authority hereby
granted or provided to be granted
shall be operative.
SECTION 11
That said Village of Maplewood
shall pass an ordinance formally ac-
cepting and agreeing to abide by all
of the provisions, terms, and conditions
tysfrom and after the
of this ordinance, and
of such sixty-day period
of Maplewood shall not
to abide by t
conditions or
or operate said connections
said public sewer systems or
airoose whatsoever shall abso-
SECTION 12
That in addition to all other reserva-
tions hereinabove in favor of said City
of Saint Paul and -without qualifying,
limiting or impairing the same or any
therenf, said City of Saint Paul hereby
reserves the right, exercisable not
oftener than once In each calendar
year. through its City Council, to in-
stitute and conduct, either upon its
own initiative or upon petition of said
Village of Maplewood, such Investiga-
tions as said City Council shall deem
necessary and expedient In the pre-
mises, and thereupon determine the
reasonableness of the aforesaid rates
of charges or that or anv 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 determineand prescribe
as reasonable and applicable.
That each such determination, re -
alteration or change affecting
such rates of charges or any thereof
shall'be effected by resolution ofasaid
City Council adopted al affirmative
vote of majority of its members at a
regular nubile meeting and approval
and publication thereof, 1n each case,
according to the provisions of the Cit,
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 Village hereunder, by reason
whereof, according to pertinent Pro-
visions of Section 10 hereof, said Citv
would have an absolute right to repeal
this Ordinance and terminate all con-
tractual relationships, permissions and
authorizations effected hereunder, des-
nite 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.
SECTION 14
That despite anything hereinabove
Ito the contrary, in each case, where
j real property located in said Village
has been connected immediately with
anabutting 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 au-
Ithorlty heretofore granted therefor by
any resolution of the Council or by
street: ma. . :,, — .,� i
period of one year next after such
deposit by said Village, shall com-
mence the construction of said last
mentioned public sewer and shall com-
plete'the same within six months there-
after; and that upon the construction
and completion thereof, said last men-
tioned public [ewer shall be maintained
by said City, subject to the aforesaid
to ordinary City public sewage
and disposal uses.
SECTION 17 -
That wherever it shall become ne-
cessary, for public sewage disposal
Purposes, that said Village or said City
:onstruct a public sewer on any border-
line public thoroughfare running he
tween said Village and said City, and
upon which real property located with-
in said Village and real property
located within said City shall abut„
and such public sewer shall be con-
structed, by either of them, thereon
for such public sewage disposal pur-
poses, 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 Vil-
lage d to abutting property within
said City, subject to comparable regu-
lations and requirements in respert
of sewer service connections tbereto
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 sys-
tem of said City, such shall be done
by said City subject to the obligation
ofsaid Village, in each such instance,
to fully reimburse said City on account
of said City's actual expense neces-
sarily incurred in and for the incor-
poration of such additional facilities;
and that 1nno 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.
Passed by the Council,July 26, 1957.
Yeas—Councilmen DeCourcy, Hol-
land. Marzitelli, Peterson, Rosen, Mr.
President (Dillon) -6.
Nays—Mortinson-1.
Approved July 26, 1957.
JOSEPH E. DILLON.
Mayor.
Attest:
JOSEPH R. OKONESKI,
City Clerk.
(August 3, 1957)
Water Service Annual Sewer
Meter Size Rental Charge
,134ri .................. $ 16.00
11h .................. 24 00
llz" .................. 36.00
2 ............ 84.00
3" 180.00
4" .................. 432.00
6" .................. 840.00
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 prop-
erty equipped with water service me-
ter of corresponding size and located,
within said City of Saint Paul.
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 equit-
able basis so that the same shall be
comparable to the annual sewer rental
charge applicable to other property
where comparable sewer service cir-
cumstances and conditions exist.
That where property shall be con-
nected with said Village public sewer
,system and shall be served by private
water supply and shall not be equipped
with water service meter, the appli-
cable annual sewer rental charge here-
under 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 dis-
charge from the appurtenant private
water supply pump as determined, on
bases of relevant factors of reasonablei
capacity of such required water service'
meter and reasonable capacity of such 1,
private water supply pump at pressure
of 40 pounds per square inch, according
to the following governing and pre-
scribed schedule therefor, to -wit:
Applicable
Private Required Schedules
Pump Water Annual
Capacity Service— Sewer
Gallons Meter Rental
Per Minute Size Charge
0-10 §s" $ 8.00
11-30 34" 10.00
31-50 1" 18.00
51-75 lin" 24.00
76-100 1%" 36.00
101-160 2" 84.00
161-300 3" 180.00
301-500 4" 43200
501-1000 6" 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 reflective of the employ-
ment of the aforesaid relevant factors
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 with said Village
public sewer system and equipped
with a 5'a" size water service meter.
That said Village of Maplewood, as
part of its obligations hereunder, shall,
at its own cost and expense, after the
connection of said public sewer sys-
j tems here,ender, 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
and for the purposes hereof, com-
1*etely construct and install, a line of
ptiYYbblic sewer, in, upon and along Mar-
garet- Street from the westerly ex-
tremity of the now contemplated Vil-
lage public sewer, at or adjacent to
the center of the intersection of Mar-
garet Street and McKnight Road to
the easterly extremity of the City 48"
public sewer, at or adjacent to the
center of the intersection 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 re-
spect 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.
That said Village of Maplewood pub-
lic 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 struc-
tures exclusive of roof, storm, or
ground water drainage.
That said Village of Maplewood
shall, by its governing body, enact
and otherwise enforce proper ordi-
nances as may be suggested by the
Council of the City of Saint Paul and
conformable to law, for the regulation
of the constAiction, use and mainte-
nance of public sewers and house sewer
connections thereto within said Village
limits, and, whenever any house sewer
connection to said Village public sewer
system is proposed for industrial pur-
poses 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 other-
wise altered, togeth4r 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
SECTION 9
That combined billings of said annual
charges, annual sewer rental charges,
and extra sewage disposal • service
charges, as the same shall be appli-
cable, shall be made quarterly by said
City through its Commissioner of Pub-
lic Works, to said Village, based upon
the aforesaid information required
hereunder, .to be furnished by said Vil-
laee to said City, pertaining to said
Village public sewer system and such
connections therewith, and such veri-
fication thereof or additional data
germane thereto as said City shall
elect to make and may obtain upon
investigation. That such combined
quarterly bill4ngs shall be made for
the preceding quarterly period in each
case as of January 1, Apirl, 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 in-
terest attaching 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 delin-
quency 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.
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 roles, regulations, and
requirements prescribed and promul-
gated by 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 subject to all appli-
cable ordinances and laws of municipal,
state, and governmental authorities,
except for any inconsistent rule, regu-
lation, or ordinance of said Village
of Maplewood.
That said City of Saint Paul hereby
reserves the absolute right to repeal
this ordinance and to revoke and ter-
minate every contractual relationship
hereby established or provided to be
established between said City and said
Village, and every permission and au-
thority hereby granted by said City
to said Village, because of any default,
neglect, non-conformance or non-com-
pliance by said Village in respect to
any provision, term, condition, or re-
quirement 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 by said City of
Saint Paul shall be in the form of an
ordinance duly enacted by its said City
Council and by the service of a certi-
fied copy of such ordinance upon said
Village of Maplewood by or in behalf
of said City of Saint Paul in the
manner which shall be provided for
such action under such repealing, re-
voking, or terminating ordinance.
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 apd comparable 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 con-
nections by City of Saint Paul Ordi-
nance 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 Ram-
sey 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 desig- i
nation, "Exhibit No. 4", dated Novem-
ber 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 Ordi-
nance.
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
331,3 per cent thereof and by said
Village to the extent of 6623 per cent
thereof, that said City shall provide
for the construction of said public
sewer in said McAfee Street subject
to such apportionment of the burden!
of the cost of the same between said
City and said Village; that said said
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 appor-
tioned obligation of said Village for
its payment of the equivalent of 662,a
per cent of said City's cost necessarily'
incurred in and for the construction
of said public sewer on said McAfee