85-916 WHITE + CITV CLERK
PINK — FINANCE G I TY OF SA I NT PA LT L Council
CaANARV — DEPARTMENT
BLUE — MAVOR File NO. L�� ���
�
Cou cil Re olution
Presente By . ' �
�i L� �y�
L( C-_ W 'a � � �
Referred To u�� �K� Committee: Date � ' ° �C
Out of Committee By Date
WHEREAS, The Department of Transportation of the State of Minnesota has submitted to
the City of Saint Paul an Agreement for the maintenance of Trank Highways within the
corporate limits of the City of Saint Paul.
BE IT RESOLVED, That the proper City officials are hereby authorized and directed to
enter into the R.outine Ma.intenance�greement Number 2057, a copy of which is attached
hereto and incorporated by reference with the Department of Transportation of the
State of Minnesota for the maintenance of Trunk Highways within the corporate
limits of the City of Saint Paul.
COUfVC[LMEN Requested by Department of:
Yeas .��� Nays �
o'e1N [n Favor
Masanz �
Nicosia � �
Scheibel __ Against BY
Tedesco
Wilson
Adopted by Council: Date
JU� — 9 1985 Form Approv by City Attorney
Certified Pa s Council Sec ta y BY
By
E�pp ve by Mavor: Date �L � � ����J Appro y ayoc for ubmis i t ncil
By By
' PUS���E� ��� 2 a� 1985
Public works DEPARTMENT ', �af"j —y/l� NO 1226 .
Allen J. Shetka ' ' CWi :ACT� ,�
292-ss�2 PHONE � _
DATE _ 1 �,/�� ,,, Q,
ASSIGN NUMBER FOR ROUTING ORDER (Clip All Locations for Siqnature) :
1---- - ` -or 3 Director of Management/Mayor
Finance and Management Services Director 4 City Clerk . .
Budget Director
� City Attorney ; � _
WHAT WILL BE ACHIEVED BY TAKING ACTION ON THE ATTACHED MATERIALS? (Purpose/
Rationale) : ;,�
With this a�reement between the State of Minnesota, Department of Transportation and the �.
City of Saint Paul the routine maintenance of certain portiions of trunk highwaps within
the corporate limits of the City of Saint Paul will be performed and paid for. �
,
_ -
. RECEtV�p
, _ ,.
COST/BENEFIT, BUDGETARY AND PERSONNEL IMPACTS ANTICIPATED: �AY Z 3 �G�
.
� R������� crr�r �rTO���
: . . � - _ .
� _ _ _. :
��o�e _ ,�t�,lcc' �� MAY 2 4 i985 . --=- -=
� : " .
_ NiAYOR'S ��FiCE _.. _ _
FINANCING SOURCE AND SUDGET ACTIVITY NUMBER CNARGED OR CREDITED: (Mayor's signa-
ture not re-
Total Amount of_Transaction: quired if under
$10,000)
Funding Source: �
Activity Number:
ATTACHMENTS (List and Number Al1 Attachments) :
Routine bia.intenance Agreement between the State of Minnesota and the City of Saint Paul (2)
` (both copies must be signed and re�rned)
Council Resolution
DtPARTMENT REVIEW CITY ATTORNEY REVIEW
x Yes No Council Resolution Required? Resolution Required? Yes No
Yes x No Insurance Required? Insurance Sufficient? Yes No
Yes X No Insurance Attached: �
(SEE REVERSE SIDE FOR INSTRUCTIONSj
Revised 12/84 �
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� `",;```�<,'�A�' CITY OF �AINT I-�AUL
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COMMITT � E RE PORT
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� T0 � Salnt PQUI City Counci �
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; FROM � Commirtee an �u�LZC waRxs
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� _------_r u � i a _ CHR T� N.T��n�_T a ____ _ __ _ __ _----- _ _ _
� The Public Works Committee at their meeting of June 26, 1985 took the
� following action:
i
; Hearing Date
j 1 . 7/2/85 FINAL ORDER: Erecting, constructing, operating and
j maintaining a Skyway Pedestrian E�ridge (and all
` incidental work thereto) over Jackson Street between the
1 intersections therewith of E. Fifth St. 8 E. Sixth St. by
� the Department of Planning 8 Economic Development; said
� skyway pedestrian bridge to connect to Galtier Plaza on
� the east side of Jackson St. to the Farm Credit Bank
� Building on the west side of Jackson St.
� Recommended approval .
�
� 2. 7/2/85 FINAL ORDER: Condemning and taking a permanent easement
and a temporary construction easement for stree�t purposes
� for the Smith Avenue widening on, over and across certain
1
i parts of Lots 13 thru 21 , Block 17, Lienau's
; Rearrangement of Blocks 17 and 18 of Oliviers Addition.
;; Also part of Lots 7 thru 13, Block 27 of Balme's
; . Addition.
�
i , Recommended approval .
;
I 3. 7/2/85 FINAL ORDER: Construction and/or installation of bus
i shelters in certain areas of St. Paul by Ad Shelters,
' Inc.
� Recommended approval .
' 4. RES�tUTION: Agreement between the State of MN. , Dept. of
j Transportation and City of St. Paul for routine
; maintenance of certain portions of trunk highways within
; the corporate limits of City of St. Paui .
1
� Reconmended approvat .
i
� 5. RESOLUTION: Sidewalk on English Street between Nebraska
and Arlington Avenue.
Recommended approval .
i �
' i CITY HALL SEVP_NTN FLOOP. SAINT PAUL, MINNESOTA 55102
,NN� �J '���
11` Tq ,
O y _ , . - _ ,
D ° Minnesota Department of Transportation
7° � Contract Ad�ifirFa�tration & Maintenance - Rm. G-20
�
3� �� Transportation Building, _ _ St. Paul, MN 55155
~rOF TRPay . . � ,
;;
Pnone 612-2.9?-35Q�
September 23 , 1985
Mr. A1 Olson
City Clerk
City of St . Paul
Rm . 386 City Hall - Court House
St . Paul , Minnesota 55102
Maintenance Agreement No . 2057
City of St . Paul
Routine Maintenance - F. Y. ' s 1986 and 1987
Dear Mr . Olson :
Enclosed is the City ' s copy , fully executed , of the referenced
agreement covering routine maintenance of trunk highways within
the corporate city limits for Fiscal Years 1986 and 1987 .
Sincerely ,
, John Howard
j Operations Support Engineer
Enclosure :
Agreement
cc :
Toni Sassor , City of St . Paul
An Equa!Opporrunity Employer
•�f ' � .. � � • / /'� �� I��
�/"
' ' MINNESOTA DEPARTMENT OF TRAPlSPORTATION • .� �J� ' �f/�
�, . ' ' ' , . -
ROUTINE MAINTENANCE AGREEMENT
PREPAREO BY AGREEMENT N0.
OFFICE OF MAINTENANCE
2057
AGREEMENT BETWEEN
THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTA�ION
�
AN D
THE CITY OF ST. PAUL
FOR
Routine maintenance of certain portions of trunk highway(s) within the corporate
limits of the City of St. Paul upon the terms and conditions set forth in this
agreement.
AMOUNT ENCUM6.
5388 612.91
Per �sca ear)
Two Year Contract
July 1, 1985-June 30, 1987
: ' ' . . _ . • �`�, V ��r
• " , C�,r=�5` 9'/Co
�� � ' ' Ma3ntenance Agreement'No. 2057
Maintenance Agreement between the .
State of Minnesota and the
City of St. Paul
Trunk Highway(s) in St. Paul
A6REEMENT
THIS AGREEMENT, made and entered into by and between the State of
Minnesota, Department of Transportation, hereinafter referred to as the "State",
and the City of St. Paul, hereinafter referred to as the "City", WITNESSETH:
Whereas pursuant to Minn. Stat. Sec. 161.38, subd. 3 (1984), the parties
desire to enter into an agreement relating to the maintenance of trunk highway(s)
within the corporate limits of the City upon the terms and conditions
hereinafter set forth.
NOW, THEREFORE, THE PARTIES DO ACREE AS FOLLOWS:
I
The City will maintain those portions of the trunk highway(s) within the
corporate limits of the City particularly described as follows, to-wit:
Trunk Highway No. 5 The following 5.32 miles of lrunk highway consisting
of 26.03 equivalent lane miles, and designated in the
Minnesota Department of Transportation records as
. Control Section 6201; beginning at Wheeler Avenue and
West Seventh Street; thence northeast on West Seventh
� . Street to Wabasha Street; thence east on Eighth Street
to Robert Street (T.H. 52); westbound via Ninth Street
between Robert Street and Wabasha Street; and the
following 1.05 miles of trunk highway consisting of
- -- - - - - 6.43 equivalent lane miles and designated in the -
Minnesota Department of Transportation reGOrds as
Control Section 6228; beginning at Robert Street and
Eighth Streets eastbound on Eighth Street to Jackson
Street and south on Jackson St. to Seventh St.; thence
east on Seventh St, to Mounds Blvd.; Westbound will
begin at Mounds Blvd. and run westerly along Seventh
Street to Sibley Street, thence northwesterly via �
Sibley & Jackson Streets to Ninth Street; thence
westerly on Ninth Street to Robert Street; also the
. . ����" `���° �
(T.H. 5 continued) , following 3.04 miles of .trunk ,highway. consis�ing of
'� 9.12 equivalent lnne miles and designated in the
Minnesota Department of Transportation records as
Control Section 6229; beginning at Seventh Street and
Arcade Street, then easterly on Seventh Street to
Minnehaha Avenue; thence easterly on Minnehaha Avenue
to the east city limits..............................
••••••....................41.58 Equivalent Lane Miles
Trunk Highway No. 12 The following 0.15 mile on Eleventh and Twelfth
Streets between Jackson and Robert Streets is eQuiva-
lent to 1.31 lane miles; and designated in the
Minnesota Department of Transportation records as
Control Section 6208.................................
...•.......................1.31 Equivalent Lane Miles
Tru�k Highway No. 13 The following 0.39 mile of trunk highway consisting of
1.01 equivalent lane miles, and designated in the
Minnesota Department of Transportation records as
Control Section No. 1902; beginning at the junction
with Trunk Highway No. 149; thence westerly 0.39 mile
on the south line of Ramsey County...................
...........................1.01 Equivalent Lane Miles
Trunk Highway No. 49 The following 2.48 miles of trunk highway consisting
of 9.91 equivalent lane miles, and designated in the
Minnesota Department of Transportation records as
Control Section No. 6213; beginning at the Nortfi City
Limits and Rice Street; thence south on Rice Street to
University Avenue....................................
•••••••....................9.91 Equivalent Lane Miles
Trunk Highway No. 51 The following 6.11 miles of trunk highway consisting
of 32.53 equivalent lane miles, and designated in
Minnesota Department of Transportation records as
Control Section No. 6215; beginning at the North City
Limits and Snelling Avenue; #hence south on Snelling
Avenue to Montreal Avenue, thence east on Montreal
Avenue to West Seventh Street........................
..........................32.53 Equivalent Lane Miles
Trunk Highway No. 52 The following 2.46 miles of trunk highway consisting
of 10.07 equivalent lane miles, and designated in the
Minnesota Department of Transportation records as
Control Section No. 6217; beginning at the South City
Limits and Robert Street; thence north and northwest
on Robert Street to Eleventh Street (South Frontage
Road of Trunk Highway 35E); also the following 0.61
mile of trunk highway consisting of 2.68 equivalent
lane miles, and designated in the Minnesota Department
� of Transportation records as a portion of Control
Section No. 6217; beginning at Eleventh Street and
Robert Street; thence north and northwest on Robert
Street to University Avenue; thence on University
_ . . . � .��- 9��
(T.N. 52 continued) Avenue to Rice Street, and the following 5.2a miles of
•, . ' ' tr�nk highway consisting �af 39:QD eq�iYal�nt lane
' miles, and designated in the Minnesota Department of
Transportation records as Control Section No. 6208;
beginning at University Avenue and Rice Street; thence
west on University Avenue to the West City Limits....
••••••....................51.75 Equivalent Lane Miles
Trunk H9ghway No. 56 The following 0.81 mile of trunk highway consisting of
3.40 equivalent lane miles, and designated in the
Minnesota Department of Transportation records as
Control Section No. 62I9, beginning at the South City
Limits and Concord Street; thence northwest on Concord
Street to the west ramps of T.H. 3...................
••••••••••.................3.40 Equivalent Lane Miles
Trunk Highway No. 61 The foliowing 3.19 miles of trunk highway consisting
of 13.73 equivalent lane miles and designated in the
Minnesota Department of Transportation records as
Control Section No. 6221; beginning at the Junction of
Interstate 94 and Mounds Boulevard; thence northwest
on Mounds Boulevard to East Seventh Street to Arcade
Street, thence north on Arcade Street to the North
CityLimits..........................................
..........................13.73 Equivalent Lane Miles
Trunk Highway No. 149 The following 3.06 miles of trunk highway consisting
of 11.64 equivalent lane miles, and designated in the
Minnesota Department of Transportation records as
Controi Section No. 6223; from the South City Limits
to West 6eorge Street and the following detour: West
George Street from Smith Avenue to Ohio Street; thence
northerly to Plato Boulevard; thence easterly to
Wabasha Street; thence northerly to 8th Street (T.H.
5), and St, Peter Street from 8th Street (T.H. 5)
south Lo Kellogg Boulevard; thence easterly to Wabasha
Street......................;.........................
••........................11.64 Equivalent Lane Miles
Legislative Route The following 1.73 miles consisting of 7.30 equivalent
Number 108 lane miles; and designated in the Minnesota Department
. of Transportation records as Control Section No. 6228;
beginning at Snelling Avenue and Marshall Avenue;
thence west on Marshall Avenue to the center of the
Mississippi River Bridge.............................
...........................7.30 Equivalent Lane Miles
Tota1....................174.16 Equivalent Lane Miles
Together with all pedestrian and roadway bridges over
all freeways, expressways and aforesaid highways.
Tota1.......................7.35 Equivalent Lane Miles
6rand Total..........................................
•••••••.•.................181.51 Equivalent Lane Miles
, . . � ���`�s-`���
' . • • II • . -
The maintenance to be performed by the City on the aforesaid trunk
highway(s) shall consist of the following:
(a) Maintaining the aforesaid portions of trunk highway(s) so as to
keep the same smooth and in good repair for the passage of traffic and free
from all obstructions and impediments to traffic. This maintenance shall
include all necessary preventive maintenance to preserve the roadbed in its
present existing condition, including but not limited to proper and timely
crack sealing of the surface, restoration of utility openings, and all
necessary patching of the roadbed.
(b) Keeping the aforesaid portions of trunk highway(s) reasonably
free and clear from ice, snow, and debris all months of the year and under-
take proper ice and snow control expeditiously.
(c) Performing all necessary mowing of vegetation within tfie right of
way limits that may be required on the aforesaid portion of trunk highway(s)
to keep them in a presentable condition.
(d) Maintaining traffic control devices and signals, and place and
provide such roadway markings and lane striping as may be necessary on the
aforesaid portions of trunk highway(s), except that the State will place,
install and maintain at all times suitable route markers, for the guidance
of traffic� on such trunk highway(s).
(e) Furnishing all labor, equi�nent, materials, supplies, tools, and
other items necessary (except those items specifically to be provided for
above by the State) for the performance of all and any of the work provided
for in this agreement.
III
The aforesaid trunk highway(s) shall be �ointly i�nspected periodically
and at least quarterly by the District Engineer, or the District Maintenance
Engineer, or an authorized representative and by the City Engineer or an
authoriZed representative to review the adequacy of the maintenance work
which has been performed.
IV
It, however, shall not be the obligation of the City under this
agreement to do any work which shall consist of extraordinary maintenance,
betterments, construction, or reconstruction. In the event that the State
should desire the City to do any such work, the parties will enter into a
separate agreement therefore.
. , - . . C�gs- ���
� • y .
All materials used by the City in the performance of the work here-
under shall conform to the requirements of the Minnesota Department of
Transportation Standard Specifications for Highway Construction, 1983
Edition. .
VI
The State will pay to the City the sum of Two Thousand One Hundred
Forty One Dollars (52,141.00) per Equivalent Lane Mi1e Per Year [Equivalent
Lane Miles are equal to the trunk highway width in feet between the curbs,
times length of trunk highway in miles, divided by a lane width of twelve
(12) feet] during the term of this agreement for the performance of the
work and labor and the furnishing of materials as set forth in this
agreement on the trunk highway(s) covered by this agreement. Fractional
miles and fractional months, if any, will be used in computing the arnounts
payable under this agreement.
Payments under this agreement shall be made on a quarterly basis and
as soon after the respective dates of October 1, January 1, April 1 and
July 1 as may be possible, upon the submission by the City to the State of
a detailed cost analysis listing all labor, materials and equipment used
during the quarter and a certificate in triplicate, approved by the
District Maintenance Engineer of the State, certifying that all work has
been done during the period for which payment is to be made, in full con-
formity with this agreement.
VII
The City may partially block the trunk highway(s) within its corporate
limits at such time as it becomes �ecessary for the performance of the ser-
vices under this agreement, and in cases of emergency, such trunk highway(s)
may be wholly blocked and the passage of traffic thereon prevented by the
City. At no time, however, shall the City continue to obstruct the free
passage of traffic on the trunk highway(s) for a longer period of time than
is reasonably required for making the necessary repairs thereon. The City
may also close to travel said highway(s) at such time as it is necessary
for the repair or installation of water or gas mains, electric or telephone
cables, or sewers, but except in extraordinary circumstances, the City
shall first give the Conmissioner of Transportation ten (10) days written
notice and obtain a permit before commencing or allowing commencement of
such installntion or repairs. However, the City shall not cause any por-
tions of the trunk highway(s) which it is to maintain under this agreement
to be closed to traffic for any reasons other than those above set forth
and in no event for a time longer than shall be necessary. In the event of
the total blocking or closing of any such trunk highway(s), the City shall
provide a suitable detour during such time.
. � � � � �= �.�-���
� - - � VIII • � .
Upon a change in the routing of the trunk highway(s), or any substitu-
tion of a new route for any trunk highway described above, or upon any
variation whatsoever from the present trunk highway location by the State,
the City shall maintain the new trunk highway(s) in accordance with this
agreement during such period of substitution and shall be paid therefore
the amount to which it is entitled in accordance with the terms of this
agreement to be determined by figuring the lane mileage of the new routes
and paying for maintenance thereof the sum of Two Thousand One Hundred
Forty One Do�llars (52,141.0(3) per Equivalent Lane M�le Per Year for such
mileage, including fractions thereof, for the term of this agre�nent and
prorated according to months of use. Should any portion of the above
described highway(s) be relocated by the State, and the present roadway
reverts to the City, the City will maintain that portion at its sole
expense.
IX
Upon the failure of the City to perform any of the work named herein
� under the terms of this agreement, then the Co�nissioner of Transportation
may do and perform such work or cause it to be done and performed, and may
retain from any monies then due to the City under this agreement, or
thereafter becoming due, such amount as is required for the completion
of the work, provided, however, that this paragraph shall not be construed
to relinquish any rights of action which may accrue in behalf of the State
as against the City for any breach of agreement. When the Comnissioner of
Transportation has withdrawn any payment or payments under the terms of
this agreement because of inadequate maintenance work, and the work is sub-
sequently made adequate by the City, then the City will be credited with an
amount equal to the value of the completed work based upon the agreed
price.
X
�
It is further understood that all persons working on trunk highway(s)
are �nployees of the City or of third persons and in no way employed by the
State, provided, hoMever, that this clause sha11 not apply to persons
employed directly by the Department of Transportation. Al1 contracts and
agreements made by the City with third parties for the performance of any
work to be done under this agreement sha11 be subject to the terms of this
agreanent.
XI
It is hereby understood and agreed that the City will not seek indem-
nity or contribution from the State, its agents or employees, in any claim,
action or causes of action of any kind or character arising from alleged
city negligence of the maintenance work to be accomplished by the City
under this agreement.
_ , �,% ��-g��
' . ' • XII � . . - �
This agreement shall remain in full force and effect from July 1,
1985, thru June 30, 1987, subject to the legislature providing sufficient
appropriations for this agreement for each fiscal year during the term of
this agreement. This agreement may be terminated or supplemented _to meet
changing conditions at any time during its effective term by mutual
agreement of both the State and City.
XIII
If at any time, it appears that payments made to the City will exceed
the total amount obligated for this agreement, the City shall notify the
State of the estimated additional costs. The State shall then determine
whether to terminate this agreement under the terms of Paragraph XII or to
continue services under the new cost estimates.
XIV
The provisions of Minn. Stat. Sec. 181.59 (1984), and of any appli-
cable local ordinance relating to civil rights and discrimination shall be
considered a part of this agreement as if fully set forth herein.
XV
As provided under Minn. Stat. Sec. 166.� Subd. 4 (1984), all books,
records, documents and accounting procedures and practices of the city
relevant to this contract are sub�ect to examination by the Minnesota
Department of Transportation and either the Legislative Auditor or the
State Auditor as appropriate.
XYI :
This agreement shall not be construed as a relinquisMnent by the
Commissioner of Transportation of any poNers or control he may have over
the above described trunk highway(s).
. , � . . � �`5 - 9��
. . . . , . � . . . - �
,
STATE OF MINNESOTA )
County of Ramsey ) ss.
CITY OF SAINT PAUL )
I ... . . . , .Albert B: O1son . ..���� � . .. . �. . �.City Clerk of the
.
City of Saint Paul, Minnesota, do hereby certify that I have
compared the attached copy of Council File No. . . .�5,-��6.. ,. . , ,.,.
�- as adopted by the City Council... ..... t7�Y. ��. .. . .. . . ....19 85.. . .
and approved by the Mayor. . .. . .. .. .. .. Ju1X 11:. .. , _. .., ..19 85. . , .
with the original thereof on file in my office.
�
I further certify that said copy� is a true and� correct capy
of said original and the whole thereof.
. WITNESS my hand and the seal of .the City of Saint Paul,
riinnesota this . . . . 17th.. . ., aay of .. .. .. J�� .. . . . . .A.D. 1985..
..... ... . . . . . . . ../.'� . . . ... ...
• • City Clerk. �
, . � � ; � y J.t''-�-�--6�f�-.._._..
. Cou.ncil Re olution '�, °
- . � � .
' Presente $y ` � '
,
Referred To �"�"�'�L< <- �''V � �1�-� Commi ttee: Date � � ° '���
Out of Committee By Date
wHER�AS, The� Department oS .Trans.partaxion of the State a�f. :Minnesota has submitted to
the Citq oY Saint Paul an Agreement for the maintenance of Trank Highways within the
corporate liraits o� the City of�Saint Paul.
B�E IT RESOLVED, That the proper Citq officials are hereby authorized and directed to
enter into the R,outine MaintenanceL�reement Number 2057, a copy of which is attached
hereto and incorporated by reference with the Department of Transportation of the
State of Minnesota for the maintenance of Trunk Highways within the corporate
limits of the City of Saint Paul.
�
COUNC[LMEN
Yeas '�Al!►i'� Nays Requested by Depa�tment of:
_ Dr�r �
M��� [n Favor
Ntcosia j� � , i
��ia� Against BY
T�dssco .
Wilson
JUL - 9 1985 Form App�ov by City Attomey
Adopted by Council: Date
�
Certi[ied Pa s Council Sec a y By
B�
App ve by Navor: Date �l- � � ��`��J Appro y ayor Eor ubmis i t cil
sy' ey 'U�C�-L
,
� . . . . . . �,,,�.'��`= q��
•,, . � IN WITI�ESS WHEREOF, the State and the City fiave caused these presents to be
executed by their respective officers.
CITY OF ST. PAU �
Count rsigned: ' ,
� �%t�C�� � � B ��k�
ayor
irec or o u ic o
Approved as to Form and Execution by:
rec or o na ce anagemen ervi ces
s stant ty orney
ORPORATE SEAL)
DEPARTMENT OF TRANSPORTATION STATE OF MINNESOTA
Recanmended for Approval:
By C
s s a ommis oner -
��} Operations
By w ,�t r t S�_
�s r ct a ntenance ng e Da e
Approved:
BY
str c ng neer COh�IISSIONER OF ADMINISTRATION
� � R
, .
By �, ��/, ' ,�� By '� AUG 191�05
ss s an �v s on rector ut orize gna ure
Operations cc,.o�E�c c�_�:y-�Y
Date
Approved as to Form and Execution:
ENCUMBERED
BY • DEPARTMENT OF FINANCE
pec a Ss stant Dti�inal Signed by
Attorney General BY_i,� JAN HQF�g
,a�ROVeo as m roMn,wa ExECUr,oN �' DATE�.. AUG 2 31985
n� � Y o� �$�
^L6�'AL A�1'STM�Pf TO THE A OitlVt'�( (i�PtfttAl