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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