89-1680 OR iN�NC �
WHITE - CITV CIERK CQUflCll r,
PINK - FINANCE G I TY O SA I NT PAU L �--��pd D
CANARV�- DEPARTMENT
BLUE - MAVOR File NO. .
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Presented By ''"
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Referred To Committee: Date
Out of Committee By Date
AN ORDINANCE GRANTING PERMI SfON TQ RON SAX4N FORD, INC.> 225 WEST
UNIVERSITY AVENUE, SAINT PAUL MINNESOTA, AND/OR ITS SUCCESSORS IN
INTEREST, TO CONSTRUCT, OP ATE AND MAINTAIN A PRIVATE ENERGY
MANAGEMENT SYSTEMS GABLE U DER AND ACROSS MAR{ON STREET RIGHT-
OF- WAY, AT APPROXIMATELY NIN TY FEET NORTH OF THE NORTH RIGHT- OF-
WAY LfNE OF UNIVERSiTY AYENU , TO CONNECT THE TWO GARAGES AT 215
AND 225 WEST UNIYERSITY AYEN E.
THE COt�NCIL OF THE C TY OF SAINT PAUL DOES ORDAIN:
Section 1.
Thai permission and authority are eby ganted ta Ron Saxon Ford, inc., 225 West
University Avenue, Saint Paul, Min esota hereinafter called the "permittee", andlar its
successors in interest to constru , operate and maintain, a five (5) inch duct,
hereinafter referred to as an energ management systems cable, for the sole purpose
of controlfing the use of electricat nd gas energy. Said energy management systems
cable shafl be instaNed under and cross M�-ion Street right-of�rn+ay within the City of
Saint Paul, at approximately ninety eet north of the na�th right-af-way line of University
Avenue,to connect the two garage at 215 and 225 West University Avenue.
COUNCIL MEMBERS Requested by Department of:
Yeas Dimond Nays Pub 1 i c Works LCD:sm 8/31/89
�ng [ Favor `��C��
Goswitz
Rettman B
Scheibel gai n s t Y
Sonnen Donald E. Nygaard, Dire
Wilson
Form Approved by City Attorney
Adopted by Council: Date
Certified Yassed by Council Secretary BY
By�
t�pproved by 1Aavor: Date _ Approved by Mayor for Submission to Council
By _ — BY
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Section 2.
That the Director of the Departm nt of Public Works is hereby authorized to issue a
permit to Ron Saxon Ford, Inc., nd/or its successors in interest for the construction,
operation and maintenance of sa' underground energy management systems cable,
according to approved plans on fi e in the Department of Public Works, and upon said
permittee's compliance with the f Ilowing conditions:
a. That said permittee sh II pay the costs of publication of this ordinance and
all ordinances and res lutions passed in relation to this ordinance;
b. That said permitee shall pay the costs of administration, engineering
and inspection incurre by the Department of Public Works because of this
undertaking. Said cos are estimated to be a sum of $500.00;
c. That said permittee a /or its successors in interest shall furnish and deliver
unto the City of Sain Paul a surety bond in the amount of ten thousand
dollars ($10,000.00) f r said energy management systems cable made and
executed by said per ittee and/or its successors in interest as principal, and
a corporate surety co pany duly authorized to transact business in the State
of Minnesota as sure , to and in favor of the City of Saint Paul as obligee,
conditioned that in th event the permittee and/or it successors in interest fail
to maintain, repair or replace said energy management systems cable to a
reasonable standard of safety or fail to remove or relocate said energy
management system cable upon order by the Saint Paul City Council, the
City of Saint Paul ay undertake the maintenance, repair, replacement,
relocation or remova thereof and may recover its reasonable cost incurred
thereby from said su ety, which surety bond shall remain in force and effect
as long as said en rgy management systems cable or any part thereof
remains in that porti n of Marion Street, as shown on the plans on file with
the Department of P blic Works. The surety bond shall be in such form as
shall be approved b the City Attorney and shall have such surety as shall
be approved by the irector of Finance and Management Services;
d. That said permittee and/er its �uc��ssors i^ in±eres# agre�s to com�ly arrith
Chapter 125 of the aint Paul Legislative Code, as amended, pertaining to
street obstructions in the course of installing or repairing said energy
management syste s cable;
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e. That said energy mana ement systems cable shall be removed or relocated
by and at the sole cost nd expense of said permittee and/or its successors
in interest whenever he Saint Paul City Council shall by resolution
determine such remov I or relocation necessary in the public interest and
accordingly order the emoval or relocation of said energy management
systems cable from sai street;
f. That said permittee an /or its successors in interest shall, at its own cost and
expense and in accor ance with all applicable ordinances of the City of
Saint Paul, statutes o the State of Minnesota, and regulations of public
authority having cogn zance,construct, maintain and operate said energy
management systems able;
g. That said permittee a d/or its successors in interest shall fully indemnify,
hold harmless and d fend the City of Saint Paul, its agents, officers and
employees from any nd all damages, claims, losses, judgments, suits or
expenses and on ac ount of all claims of whatever nature for in�ury to
persons and/or prop rty arising of or connected with the construction,
maintenance, opera ion and/or removal of said energy management
systems cable and by the permission and authority granted herein; and that
supplemental to all o her obligations on their part, jointly and/or severally,
hereunder, said perm ttee and/or its successors in interest shall furnish and
maintain, and pay a I premiums and other expenses therefore, casualty
insurance coverage with a duly licensed casualty insurance company,
naming the permitt e and the City as jointly insured to the extent of
$500,000.00 for inju to any person and/or persons in any single incident
and to the extent o $200,000.00 for damage to property in any single
accident and insurin the City of Saint Paul against liability on account of all
claims of third perso s for injury to person(s) and/or property arising from or
connected with the onstruction, maintenance, operat�on, relocation and/or
removal of said ene y management systems cable hereunder at all times.
The permittee shall f rnish a certificate of this insurance policy, from time to
time to the Director of the Department of Public Works, said certificate of
insurance shall be in such form as shall be approved by the City Attorney;
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h. That said permittee sh II at no cost to the City repair any damage to said
energy management s tems cable which occurs during the normal course
of the City's maintenan e and/or construction of public facilities;
i. That all construction, pair, maintenance and/or removal of said facility,
shalt be done by a co tractor duly licensed and bonded with the City of
Saint Paul, and in a anner which will leave the public right-of-way in a
condition acceptable o the City's Director of Public Works or his duly
authorized agent, and shall be accomplished in full compliance with the
"City of Saint Paul, innesota, Department of Public Works, Standard
Specifications for Stre t Openings";
j. That said permittee st be registered as an operator under Minnesota's
one-call underground utility location system, in accordance with Chapter
216D of the Minnesot State Statutes, and remain as such for the life of this
facility;
k. That said energy man gement systems cable shall be installed at a depth of
forty-eight (48) inches o avoid conflicts with existing and proposed fac�lit�es;
I. That upon completio of installation, said permittee shall submit to the
Director of the Depart ent of Public Works, a certificate of survey signed by
a land surveyor regist red by the State of Minnesota, showing the elevation
and exact location o the installed energy management system cable in
relation to the abu ing property lines on Marion Street and University
Avenue;
m. That said permittee shall coordinate all work involving existing utility
installations, public or private, with the affected utility companies or
agencies;
WHITE - CITV CLERK �R�(� ', r �/ 1 C�
PINK •- FINANCE COl1flC1I (//� /
CANARV - DEPARTMENT GITY OF SAINT PAUL File NO• �r � �`���
BLUE - MAVOR
Coun il ' n ���
Presented By
Referred To Committee: Date i���
Out of Committee By Date
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n. That said energy mana ment systems shall only be used to
�ansmit electr-onic si is between the facilities awned or
operated by the permi ee, and shali not be used for the
installation of any oice q�ade telecommunications, cable
television or the trans ation of any gas, electricity, water,
steam or other energy sour ;
o. That said permittee sha , within thirty (34) days from and after
the pubiication of this ordinance, file written acceptance thereof,
specifical(y ageeing t all of the provisions, terms and
conditions herein, with the ity Clerk;
ECTION 3
That this ordinance shall take effect and be in force thirty (30)
days from and after its pass e, approval and publication.
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COUNCIL MEMBERS Requested by Department of:
Yeas Nays
Dimond Publ ic Works LCD:sm 8/�1/89
�� In vor
Goswitz
Rettman q B
s�ne;be� __ Aga' st y
Sonnen Donald E. Nygaard, Di rector
Wilson
_ 5 Form Approved by City Attorney
Adopted by Council: Date
Certified Yas o By � _ �
gy, TY�
Appro d by � avor: Da ' OCT —S Appr v d by Mayor for Submis ' n t Council
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By B
�� 0 C T 141989
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TO THE HONORABLE CITY COU CIL
OF ST. PAUL, MINNESOTA.
Gendemen:
We the undersigned petitioners, h reby accept and agree to comply with the terms
and conditions of City Council Fil No. 89-1680, Ordinance No. 17684, adopted by
the Council October 5, 1989 reg rding the granting of permission to construct,
operate and maintain an energy management systems cable under and across
Marion Street, north of University venue.
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Si Date
RECEIVEO
�T171�9
CISY CLERK