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HomeMy WebLinkAboutNo 194 Approving St. Paul Ordinance No. 12927; An Ordinance Which Temporarily Authorizes Maplewood To Use Certain Storm Sewers in the City of St. PaulORDINANCE NO. 194 W ORDINANCE APPROVING ST. PALM., ORDRIAIICh NO. 12927, AN ORDINANCE WHICH TFMPORARILY A'UTHORIZI&S MAPLf:WOOD TO ME IrFI?TAIK S'f't`TV SIY�' RS IN THE CIT",' OF ST. PAUL. THE COUNCIL GF Th F VI.LLkGR OF TAAP.Lh 013 DOES HFRM ORDAIN .v'OLL-OWS s .section 1. 'PF:e ordinance of the City- of St. Paul numbered 1? 427, which is entitled "An ordinance%rantin.� permission ^nd authority to the 'lille- e of Meplewo6d to connect temporarily the public storm sewer system of said. Village of f aplewooc? to the public storm sewer system of the Cit} of ."aint Paul and therwafter maintain and operate the same as an outlet for said mblic storm sewer system of Said `Tillage for public storm sewage conveyance and disposal purAo.aes, and providing sApliceble terms and. conditions. '"'his is an emergency ordinance rendered. neoegsary for the preservation of the public peace, he lth an(? s if. et,y . ` is hereby approved by the `tillage of viplewodd. section 2. `Phe Village of ',apleNdood hereby formally accepts Paul )rdinance No. 12927 and asigrees to abide by the teams and conditions ua' :aid A. Paul ordinance. eetion 3. 'Phis ordinance shall take effect and be in force !r" "d after its passage and publication. Passed by the Council of the pillage of aplewodd. this /..lr day of `Voril, 1y65. l�jror Attests Ay" Clerk DEPARTMENT OF RECORDS—CITY CLERK PUBLICATION NOTICE March 22, .19 65 The attention of the v331a �f Ma 1(3WOOt is respectfully called to the following resolution, or ordinance which has been adopted by the Citv Council and approved by the Mayor. -ON 8 3•].TCtl Council File No. 221983—Ordinance No. 12927—By Dean Meredith, by re- quest— /Aft ordinance granting permission and authority to the Village of Maple- wood to connect temporarily the public storm sewer system of said Village of Maplewood to the public storm sewer system of the City of Saint Paul and thereafter maintain and operate the same as an outlet for said public storm sewer system of said Village for public storm sewage conveyance and disposal purposes, and providing applicable terms and conditions. This is an emer- gency ordinance rendered necessary for the preservation of the public peace, health and safety. 1-1 The Council of the City of Saint Paul Does Ordain: SECTION 1 That the Village of Maplewood here- by is granted permission and authority, subject to all the terms and conditions hereinafter expressed, to construct and thereafter maintain and operate a suit- able connection according to conven- tional engineering standards to the City storm sewer in Chamber Street at Larpenteur Avenue. The construction, location and elevation to be approved by the Commissioner of Public Works. Said outlet shall be for the expeditious, convenient and effective conveyance and disposal of storm sewage entering'i said public storm sewer system of said Village. SECTION 2 That the above described connec- tions to the City storm sewer system shall be temporary as the City storm sewer outlet has limited capacity and, is adequate for City needs only. Suchl rights herein granted to said Village shall terminate on January 1, 1987. By', this date, the Village must disconnect their storm sewer system from the City Chamber Street sewer and reconnect' to the proposed Larpenteur Avenue'. storm sewer that will outlet into Lake Phalen now planned to be built as a joint Maplewood -City -County project. That the Village shall build a restlic tion in the Village storm sewer at the point of connection to the City of Saint Paul sewer. Said restriction shall result in the effective diameter of the Village sewer pipe to be not greater than six (8) inches as measured at said connection with the City sewer. SECTION 3 That said Village of Maplewood shall pay to the City of Saint Paul an an- nual charge for maintenance, repair and operation of these storm sewers temporarily used to convey storm drainage from the Chamber Street storm sewer to Lake Phalen. The an- nual charge for maintenance and op- eration to be prorated to said Village on the basis of the Village's computed flow to that of the City in that portion of the storm sewer considered for cost distribution. No charge shall be com- puted and levied against the Village for repairs or maintenance of catch basins and catch basin leads located within the City of Saint Paul. S That said Village of Maplewood shall be obliged to save said City of Saint Paul harmless from any damage, cost or City ofeSaintand Paul against any and allsaid liability sustained by reason of the con- necting or the maintenance of the con- nections hereunder between said pub- lic storm sewer system 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 storm sewer system. SECTION 7 That said City of Saint Paul hereby reserves the absolute right to repeal this ordinance and to revoke and term- inate every contractual relationship hereby established or provided to be established between said City and said Village, and every permisison and au -I thority hereby granted by said City to said Village because of any default,] n e g l e c t, non-conformance or non- compliance by said Village in respect neon to any provision, term, requirement hereof deemed sufficient _grounds for such action by the Comet] of said City. That any such repeal, re- vocation, 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 cer- tified copy of such ordinance upon said Village of Maplewood by or in behalf of said City of Saint Paul in the man- ner which shall be provided for such action under such repealing, revoking, or terminating ordinance. SECTION 4 That said Village of Maplewood shall adopt and employ effective measures to the end that no sanitary sewage or other objectionable wastes that would require treatment be discharged into said Village public storm sewer system. SECTION 5 That said Village of Maplewood shall not permit any connections to be made to its said public storm sewer system In respect to any property lying beyond the limits of said Village, and that no i connections other than those herein-, above expressly permitted and author-; ized shall be made between said Vill-! age public storm sewer system without further express authorization therefor; by the Council of the City of Saint', SECTION 8 That said Village of Maplewood shall pass an ordinance formally accepting and agreeing to abide by all of the provisions, terms and conditions of this ordinance in form to be approved by the Corporation Counsel of the City of Saint Paul and shall file a duly certified copy of such ordinance with the City Clerk and the City Comp- troller of said City of Saint Paul with- in sixty (80) days from and after the effective date of this ordinance and if at the end of such stxty-day Period said Village of Maplewood shall not R have formally accepted and agreed to abide by the provisions, terms, and conditions of this ordinance in the form and manner aforesaid, then all permission and authority hereby granted or provided to be granted by said City of Saint Paul to said Village of Maplewood to construct, connect, maintain or operate said connections between said public storm sewer sys- tems or for any purpose whatsoever shall absolutely terminate. SECTION 9 This ordinance is hereby declared to be an emergency ordinance rendered necessary for the preservation of the public peace, health and safety. SECTION 10 This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and pub- lication. Passed by the Council March 1985. Yeas—Councilmen Dalglish, Hollario, Loss, Meredith, Peterson, Mr. President (V avoulis)--6. Nay". Approved March 18, 1985. GEORGE J. VAVOULIS, Mayor. Attest: ROBERT B. GERBER, Jr., City Clerk. ;March 20, 1985)