HomeMy WebLinkAboutNo 151 Relating to Sanitary Sewers, Providing Sanitary Sewer Service for a Portion of the Town of Woodbury...ORDINANCE NO. 151
AN ORDINANCE RELATING TO SANITARY SEWERS, PROVIDING SANITARY
SEWER SERVICE FOR A PORTION OF THE TOWN OF WOODBURY, WASHINGTON
COUNTY, AND XMENDING ORDINANCE,' NO. 115, AS AMENDED BY ORDINANCES
NO. 122 An NO. 133.
THE COUNCIL OF THE VILLAGE OF ��`APLeNii,01') iii,'REBY ORDAIN AS FOLLOdS:
Section 1. Section I of Ordinance No. i15 is hereby amended to read
as follows:
"Sec, 1. The Town of Woodbury, Nashington County, is hereby 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,
i
location and elevation by the Village of Mapiewood sewer engineers and aigo by
the Public works Department of the City ofSa�int Paul, at or adjacent to the
intersection of:
Century Street and Upper Afton Road
and
Century Street at a point thereon which is located
approximately three hundred and twenty 020) feet
South of the intersection of the South line of'Brower
Park Adclition'with the East right-of-way line of
Century Street.
joining the sanitary sewer lines in said Town of Woodbury with the public sewer -
system of Maplewood to be operated as outlets for said Woodbury sewer system; it
being understood that the purpose, and use for such sanitary sewer construction
within the Town of Woodbury, is to serve the following areas in said Town:
(a) Independent School District No. 833, grade school located
upon the West seven hundred eighty-nine and seven hundredths
(789.07) feet of that part of the Northeast Quarter (NEJ) of
Section Seven (7), Township Twenty-eight (28) North, Range
Twenty-one (21) West, lying Southerly of the center line of
Upper Afton Road as it now exists, and subject to Upper Afton
Road.
(b) A platted portion of the Town of Woodbury, known as
"Woodbury Heights" lying in the Northwest Quarter (NWj) of
the Northwest Quarter (NWS-) of Section 6 of Noodbury Township,
Viashington County, together with such properties within Woodbury
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Ordinance No. 151
follows:
as may be authorized for service by Maplewood, to be added
to the Independent School District line."
Section 2. Section 2 of Ordinance No. li5 is hereby amended to read as
"Sec. 2. The Town of Woodbu.ry, a i a, -'t of its ot)1J?,satio.1s hereunder,
shall pay to the 'iil.lage of Maplewood or t:, ;"io City of Saint Faui, as may be
determined by the said City of Saint au'., s..ch :ums as are required by the terms
of Section 2 of St. Paul City Urdinance No. IiObl, as amended, as (l) annual charge
for each connection, and as (2) annual sewer rental charges, and these two charges
shall be subject to change as they may hereafter be changed by resolution of the
Saint Paul City Council."
follows:
Section j. Section 5 of Ordinance No. 115 is hereby amended to read as
"Sec. 5. That the City of Saint Paul and the Village of Maplewood shall
have the right at any reasonable time and by exercise of all reasonable procedures
and facilities to inspect, explore and survey all or any part of the Town sewer
line or sewer system as existing at the time of connection hereunder or as the
same shall thereafter be extended or otherwise altered, together with house drains
and other connections for the purpose, among other things, of determining whether
or not the same conform to requirements of this ordinance and of ordinance No. 11061
of the City of Saint Paul. If it becomes necessary at any time, in the judgment of
either Saint Paul or Maplewood that metering devices are required to accurately
measure sewerage flow, W-odbury shall, at `ts expense, install such meters where
specified by Saint Paul or tviaplewood."
follows:
Section 4. Section 8 of Ordinance No. 115 is hereby amended to read as
"Sec. 8. The Town of Woodbury shall be obligated to compile and maintain
all records as required by Sections 8 and 9 of Saint Paul City Ordinance No. 11061;
and shall also compile and maintain all records hereafter required by Maplewood
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W . ti
Ordinance No. 15,1
with reference to sanitary sewers which are connected to `Aaplewood."
L,ect:on 5. Section i0 of Ordinance Ac,. =15, as amended by Ordinance No.
122 is hereb,,- amended t ) re,.d as fol
ec, 10. Via? 'he :For ., nu hereuncl,l?.:;nal _i t;:: disnhar'ed
into the Maplewood veW'T ;n ''_ pr er A ,,)^ J.t tr ,a11 %rl.. lad e xI 1 the c-.., t For the
use of this ".,aplewood sewer, or, ipper I, ,�ci'7i?ht -Street ana Batt e Creeic
in the villaFe of "Vapiewood, by i;pp7b.,I';, f,:,t` ^-> e?c—aslve 11se J` lndecne ,:Ient
School District No. 831, has been deten;ian a e ,a2,r0ti.'U't , ;;',1 .cn sum, plus
6400.00 for legal and engineering services, sha; be paid to the 7,,Llage cf ;rap.lN-
wood on or before December 1st, 1960. Any future use of the P,attle Creex sewer in
Maplewood by the Village of Noodbu ry shah not, when added to the use by Independent
School District No. 833, exceed a total of I.i c.f.s. and the additional charges for
any such future use of the additional capacity available up to 1.1. c.f.s. shall be
provided for and determined as set forth in Section 12 of this urdinance.
(b) Pursuant to ::ectior. 12 hereof, the outlet for sewers provided hereunder
for discharge at the connection at a point on Century Street 320 feet south of the
south line of Brower Park, into the '.aplewood sewer in Battle Creek Valley in said
Maplewood, calculated on the percentage of capacity available in said sewer line for
such Woodbury use, not exceeding 0.5 c.f.s., has been determined to be $25,000 which
sum shall be paid to the Village of :Maplewood on or before July 30th, 1962.
The cost of construction of sewer line in Maplewood from Century Street
westward in Battle Creek Valley to the terminus of the existing Battle Creek trunk
line it Maplewood is estimated at $21,500 includinj engineering and legal fees. This
sum of $ 21,500.00 shall be paid by Woodbury to the Village of Maplewood on or before
July 30th, 1962.
in connection with the construction of sewer line in Battle Creek Valley
Within " aplevrood, as provided in the precedinl- paragraph it shall be necessary to
condemn and acquire a ri..?-rt-of-way through private property in Maplewood. All costs
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t. Ordinance No. 151
of such condemnation, including appraisals, attorneys fees, and other legal and
miscellaneous expenses, shall be paid by Woodbury and a deposit of $5,000.00 shall
be paid by +�ooc1bury to Llaplewood on or before July 30th, 1962, for the purpose of
covering; these costs of acquiring right-of-way.
The advance payments provided. trF:._:: ;`:..r sewer line construction within
Maplewood, and for land acquisition n c.. r„ c'. on therewith, are estimates of cost;
and any surplus above actual costs shall _ _ .id ,y ly"aplewood to riood.bury, or any
additional costs above the amounts de,; :s_t d, B.riall pe paid on demand by +oodbury
to Maplewood.
(c) All lateral line constructed in :toodbury shall be constructed by
Woodbury at its own expense and all p aws, specifications, and construction work
shall be subject to inspection and approval by iaplawood and Saint Paul. -'During all
times of such construction 7uoodbury and/or its contractor shall have, and keep in
force, public liability insurance for a minimum of $100,000.00 and $300,000.00 for
bodily injury and $100,000.00 for property damage and Maplewood shall be named as
an insured in such policies and a certificate of such insurance shall be delivered
to Maplewood immediately after the contract is let and before the work commences."
Section 6. Section 11 of Ordinance No. 115 is hereby amended to read as
follows:
"Sec. 11. (a) In addition to the connection charges as provided in paragraph
10 hereof; and, in addition to all charges required to be paid to the City of Saint
Paul, or to "aplewood, for transmittal to the City of Saint Paul, the Town of
''"oodbury shall pay to :aplewuod an annual maintenance fee for maintaining the sewer
works within Maplewood serving; koodbury, the sum of One Dollar ($1.00) per residential
connection and an amoluit to be determined by the Village of "Japlewood for each non-
residential connection. I` further �inderstoc d aiid it steal L be the obligation of
the Town of ;'doodbczr_{ to pa;i any specia'L reelwistruction costs required on sewer lines
within :"'a—:lewood throe f.h Mhloh se`vagp from Pioodbur{ is transported, resulting from
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Ordinance No. 151
any need for such reconstruction occasioned by any cause beyond the normal scope of
11-� ordinary maintenance. It is further understood that the annual charges for mainten-
ance herein established, may be altered by resolution of the Village Council of the
Village of Maplewood. It is further provided that such maintenance charges provided
for in this paragraph, will be billed directly to the user by Maplewood, if the Town
of .00dbury so directs.
(b) It is further understood that the Village of Maplewood will, if requested
by Woodbury, perform the general maintenance work required for the sewers in ,loodbury
and Maplewood shall charge, therefore, an annual sewer maintenance charge not to
exceed 1100 of the charge currently in effect for such maintenance within the Village
of Maplewood for comparable house, institutional, and industrial or commercial
connections. Billing for annual charge, annual sewer service charge and maintenance
charge will be made quarterly to the Town of Noodbury by the Maplewood utilities
department.°
.� Section 7. -Within fifteen (15) days after receipt by the Clerk of Woodbury
of a certified copy of this Ordinance, to be forwarded by Registered Mail by the
Clerk of irlaplewood to the said Clerk of ;`Joodbury, the Town of Woodbury shall, by
ordinance, approve and accept all of the terms of this ordinance. Time being of
the essence in the execution of the work contemplated by both municipalities under
the terms of this ordinance, it is understood and agreed that all payments provided
for in Section 5 of this ordinance, totaling $51,500.00, shall be made on or before
the dates specified in said section.
Section 8. This ordinance shall take effect and be in force from and after
its passage and publication.
Passed by the Village Council of the Village
of Maplewood this day of ti„� , 1962. /✓/ l
Attest: Mayor
Y
c byes -
Nays - C
lerk
ORDINANCE NO. 151
tN ORDINANCE RELITING TO'
3ANITARY SEWERS, PROVIDING
3ANITARY SEWER SERVICE FOR
k PORTION OF THE TOWN OF
WOODBURY, WASHINGTON COUN-`
rY, AND AMENDING ORDINANCE
NO. 115; AS AMENDED BY ORDI-
NANCES NO. 122 AND NO. 133.
THE "COUNCIL OF THE VILLAGE
OF MAPLEWOOD DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1. Section 1 of Ordinance No.
115" is hereby amended to read as
follows
Sec. 1. The Town # of Woodbury,
Washington County, is hereby granted'
permission and authority, subject to,
all of the terms alul conditions herein-
after expressed, to construct and there-
after maintain and operate suitable
connections according to conventional
engineering standards approved as to
construction, location and elevation by
the Village of Maplewood sewer en-
gineers and also by the Public Works
Department of the City of Saint Paul,
at or adjacent to the intersection of:
Century Street and Upper Afton
Road
and
(7eAttls�v $trent at a P0111tt thOMA
wh1cN is located approximately
three hundred and twenty (320)
feet South of the intersection of
the South line of Brower Park Ad-
dMon with the East right-of-way
line of Centurir Street.
joining the sanitary sewer lines in said
Town of Woodbury with the public,
sewer system of Maplewood to be op-
erated- as outlets for said 'Woodbury
sewer system; it being understood that
the purpose and use for such sanitary
sewer construction within the Town'
of Woodbury, is to serve the following
areas in said Town:
(a) Independent School District
No. 838, grade school located upon
the West seven hundred eighty-nine
and seven hundredths (789.07) feet
of that part of the Northeast
Quarter (NE%) of Section Seven
(7), Township Twenty-eight (28)
North, Range Twenty-one (21)
West, lying Southerly of the center
line of Upper Afton Road as it
now exists, and subject to Upper
Afton Road.
(b) A platted portion of the Town
of Woodbury, known as "Wood-
bury_ Heights" lying in the North-
west Quarter (NWI/4) of the
Northwest Quarter (NW1/0 of
Section 6 of Woodbury Township,
Washington County, together
with such properties within Wood-
bury as may be authorized for ser-
vice by Maplewood, to be added
to the Independent School Dis-
trict line."
Section 2. Section 2 of Ordinance.
No. 115 is hereby amended to read as
follows :
"kate of iunksota
ss.
County of Ramsey [[[[[[111111
T. R. Lillie_
being duly sworn, on oath says;
that he is, and during all the times herein stated has
the --------------------------------------- publisher of the newspaper known as Ramsey County Review,
and has full knowledge of the facts hereinafter stated; that for more than one year prior to the publica-
tion therein of the__-Ordin_ang'-No.-___.151
----------------------------------------------------------------------------------hereinafter described,
said newspaper was printed and published in the Village of North St. Paul, in the County of Ramsey,
State of Minnesota, on Wednesday of each week; that during all said time said newspaper has been print-
ed in the English language from its known office of publication within the Village from which it pur-
ports to be issued as above stated and in newspaper format and in column and sheet form equivalent
in space to at least 450 running inches of single column, two inches wide; has been issued once
each week from a known office established in said place of publication and employing skilled workmen
and equipped with the necessary material for preparing and printing the same, and the presswork on that
part of the newspaper devoted to local news of interest to the community which it purports to serve has
been done in its known office of publication ; that during all said time in its makeup not less than twenty-
five per cent of its news columns have been devoted to local news of interest to the community it pur-
ports to serve; that during all said time it has not wholly duplicated any other publication, and has not
been entirely made up of patents, plate matter and advertisements; has been circulated in and near its
said place of publication to the extent of at least two hundred and forty (240) copies regularly delivered
to paying subscribers and has entry as second class matter in its local post office; and that a copy of each
issue has been filed with the State Historical Society, St. Paul ; and that there has been on file in the
office of the County Auditor of Ramsey County, Minnesota, the affidavit of a person having knowledge
of the facts, showing the name and location of said newspaper and the existence of the conditions
constituting its qualifications as a legal newspaper.
That the ------- 1 a 'i. e------------------------------ hereto attached was cut from the
columns of said newspaper, and was printed and published therein in the English language, once each
week, for__________one_ ----------- successive weeks; that it was first so published on Wednesday
----
the ------ 7-th-------- day of ----- t,tT
Un ---___________________19_- and thereafter on Wednesday
of each week to and including the ------------------- day of ------------------------------ 19--_ and
that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby
acknowledged as being the size and kind of type used in the composition and publication of said notice,
to -wit:
abcdef ghijklmnopgrstuvwxyz
Subscribed and sworn to beforJ
Notary
County, Minn.
My commission expires ------_-_ �{J.RpON_ j__42'j ---------- 19 ----
Notary Public, Ramsey Gotmty, lklinn.
My Crnmmicion Fxioires Sept. !C;, 19613
"Sec. 2. The Town of Woodbury, as
part of its obligations hereunder,
shall pay to the Village of Maplewood
or to - the City of Saint Paul, as may
be determined by the said, City of
Saint Paul, such sums as are re-
quired b$ the terms of Section 2 of
St. Paul City Ordinance No. 11061, as
amended, as (1) annual charge for
each connection, and as (2) annual
sewer rental charges, and these two
charges shall.be subject to change as
they may hereafter be changed by res-
ol-ation of the Saint Paul City Coun-
cil."
Section 3. Section 5 of Ordinance
No. 115 is hereby amended to read as
follows:
"Sec. 5. That the City of Saint Paul
and the Village of Maplewood shall
have the right at any reasonable time
and by exercise of all reasonable pro-
cedures and facilities to inspect, - ex-
plore and 'survey all or any part of
the Town sewer line or sewer .system
as existing at the time of connection
'hereunder, or as the same shall there-
after be extended or otherwise altered,
together with- house drains and other
connections for the purpdae, among
other Ahings, of determining whether
or not the same conform to require-
ments of this ordinance and of ordi-
nance No. ' 11061 o f t h' e
City of Saint Paul. II it becomes
necessary at any time, in the judg-
mentof either Saint Paul or Maple-
wood that metering, devices are re-
quired to accurately measure sewerage
flow, Woodbury shall, at its expense,
install such meters where specified by
Saint Paul or' Maplewood."
Section 4. Section 8 of Ordinance
No. 115 is hereby amended to read as
follows:
"Sec. 8. The Town of Woodbury
shall be obligated to compile and
maintain all records as required by
Sections 8 and 9 of Saint Paul City
! Ordinance No. 11061; and shall also
compile and maintain all records -here-
after required by Maplewood with ref-
erence to sanitary sewers which are
connected to Maplewood."
Section 5. Section 10 of Ordinance
No. 115, as amended by Ordinance No.
122 is hereby' amended to read as fol-
lows:
"See. 10. (a) The outlet for sewers
provided hereunder shall be discharged
into the Maplewood sewer in Upper
Afton Road in said Village and the
cost for the use of this Maplewood
sewer, on Upper Afton Road, McKnight
Street and Battle Creek in the Village
of Maplewood, by Woodbury, for the
exclusive use of Independent School
District No. 833, has been determined
to be $2,600.00, which sum, plus $400.00
for legal and engineering services,
shall be paid to the Village of Maple-
wood on or before December 1st, 1960.
Any future use of the Battle Creek
sewer in Maplewood by the Village
of Woodbury shall not, when added
to the use by Independent School Dis-
trict No. 533, exceed a total of 1.1
c•f.s: and the additional c}tafges-'for.
any .such future tiae of the add I
capacity available gp .to 1,1 c.f s.. 11
be provided for and determined as set j
forth in Section 12 of this Ordinance.
(b) Pursuant to Section 12 here-
of, the outlet,for sewers provided here-
under for discharge at the connection
at a point on Century Street 320 feet
south of the south line of Brower
Park, into the Maplewood sewer in
Battle Creek Valley in said Maplewood,
calculated on the percentage of capac-
ity available in said sewer line for
such Woodbury use, not exceeding 0.5
c.f.s., has been determined to be $25,-
000 which sum shall be paid to the
Village of Maplewood on or before
i July 30th, 1962.
The cost of construction of sewer
line in Maplewood from Century 'Street
westward in Battle Creek Valley to
the terminus of the existing Battle
Creek trunk line in Maplewood is !
estimated at $21,500 including engin-
eering . and legal . fees. This sum of
$21,500.00 shall be paid by Woodbury
to the Village of Maplewood on or be-
fore July 30th, 1962.
In connection with the construction
of sewer line in Battle Creek I alley
within Maplewood, as provided in the
Preceding paragraph it shall be, neces-
sary to condemn and acquire a right-
of-way ` through private property in
Maplewood. All costs of such condem-
nation, including appraisals, attorneys
fees, and other legal and miscellaneous
expenses, shall be paid by Woodbury
and a deposit of $5,000.00 shall be paid
by Woodbury to Maplewood on or be- }
fore July 30th, 1962, for the purpose `
of covering these costs of acquiring 1!
right-of-way.
'1'ne suv—we payu,eu'n yay.1— i
herein for sewer line construction with- .
in Maplewood, and for land acquisi-
tion in connection therewith, are es-
timates of cost; and any surplus above
actual costs shall be repaid by Maple-
wood to Woodbury, or any additional
coats above the amounts deposited,
shall be paid on demand by Woodbury k
to Maplewood.
(c) All lateral lines constructed in
Woodbury -shall be constructed by 1
Woodbury' at its own expense and all
plans, specifications, and construction
work shall be subject to inspection
and" approval by Maplewood ,and Saint
Paul. Turing all times of such con-
struction -Woodbury and/or its con-
tractor shall have, and keep in force,
public liability insurance for a min-
imum ..of $100,000.00 .and $300,000.00,
for bodily injury and $100,000.00 for
pr6 rorty damage and Maplewood shall
,be named as in insured in such policies
and a' certificate of such insurance
shall be delivered to Maplewood im-
mediately after the contract is let and
before the work commences."
.Section 6. Section 11 of Ordinance
No, 115 is _ hereby amended to read
as follows:
"Sec. 11: (a) In addition' to the
.connection charges as provided in
paragraph 10 hereof; and; in addi-
tion to all charges required to. be
paid to the City of Saint Paul, or to
Maplewood, for transmittal to the City
of Saint Paul, the Town, of Woodbury
shall 'pay to Maplewood an annual
maintenancefeefor maintaining the
sewer works within Maplewood serv-
ing Woodbury, the sum of One Dollar
($1.00) per residential --connection and
au, 'amount to be determined by the
Village of Maplewood for each non-
residential connection. It is further un-
derstood and it, shall be the obligation
of the Town of Woodbury to pay any
special reconstruction costs required
on sewer lines within Maplewood
through which sewage from Woodbury
is transported, resulting from any
need for such reconstruction occasion—
ed by any cause beyond the normal
scope of ordinary maintenance. It is
further understood that the annual,
charges for maintenance herein estab
lished, may be altered by resolution of
the Village Council of the Village of
Maplewood. It is further provided that
such maintenance charges provided for
Iin this paragraph, will be billed direct-
ly to the user by Maplewood, if the
Town of Woodbury so directs.
(b) It is'further understood that the
Village of Maplewood will, if request-
ed by Woodbury; perform the general
maintenance work required for the
sewers in Woodbury and Maplewood
shall charge, therefore, an annual
sewer maintenance charge not to ex-
ceed 110% of the charge currently in
effect for such maintenance within
the Village of Maplewood for compar-
able house, institutional, and in-
dustrial or commercial connections.
Billing dor annual charge, annual sew-
er service charts sn3 maintegAwbe
charge will be made quarterly to the
Town of Woodbury by the Maplewood
.utilities department."
Section 7. Within- fifteen (16) days
after receipt by the Clerk of Woo&
bury of a certified copy of this Ordi-
nance, to be forwarded by Registered
Mail by the Clerk of Maplewood to the
said Clerk of Woodbury, the Town of
Woodbury shaIl,' by ordinance,, ap-
prove and accept all of the terms of
this ordinance. Time being of the es-
sence in the execution of the work
contemplated by both -municipalities
under the terms of this ordinance, it
Is understood and agreed, that all pay-
ments provided for in Section 6 of this
ordinance, totaling $51,500.00, shall be
made on or before the dates specified
in said section.
Section 8. This ordinance shall take
effect and be in force from and after
its passage and publication.
Passed by the Village Council of the
Village of Maplewood this 21st day of
June, 1962.
Gerald A. Berger
Acting Mayor
Ayes - 4
Nays - 0
James M. Hafner
Clerk