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84-1334 WHITE - ITV CLERK
PW1K -�INANCE GITY OF SAINT PALTL Council
CATJARV -DEPARTMENT
BLUE -MAVOR " Flle NO. �� /�� •
•
� Zn� C Ordinance N�. ����0 9
c
Presented By
i
Referred To Committee: Date
Out of Committee By Date
AN ORDINANCE GRANTING FAMILYSTYLE HOMES; A DIVISION OF FAMILY STYLE OF ST. PAUL,
INC. , 398 DUKE STREET, SAINT PAUL, MINNESOTA, PERMISSION TO CONSTRUCT, OPERATE
AND MAINTAIN TELEPHONE CABLE AND CONDUIT, UNDER AND ACROSS DUKE STREET, TO EXTEND
FROM 398 DUKE STREET TO 395 DUKE STREET, AT APPROXIMATELY 445 FEET SOUTH OF
JEFFERSON AVENUE.
The Council of the City of Saint Paul daes ordain:
Section 1
That permission and authority are hereby granted to FAMILYSTYLE HOMES, a Division
of Family Style of St. Paul , Inc. , 398 Duke Street, Saint Paul , Minnesota to construct,
operate and maintain telephone cable and conduit under and across Duke Street, to
extend from 398 Duke Street to 395 Duke Street, at approximatety 445 feet south of
Jefferson Avenue.
Section 2
That the Director of the Department of Public Works is hereby authorized to issue
a permit to FAMILYSTYLE HOMES, a Division of Family Style of St. Paul , Inc. , for the
construction, operation and maintenance of said telephone cable and conduit upon said
permittee's compliance with the following conditions:
a. That said permittee and/or its successors in interest shall fully
indemnify, hold harmless and defend the City of Saint Paul , its
agents, officers and employees fran any and all damages, cl-a.ims,
losses, judgments, suits or expenses and on account of all claims
of whatever nature for injury to person(s) and/or property arising
out of or connected with the construction, maintenance, operation
and/or removal of said telephone cable and conduit and by the
permission and authority granted herein; and that supplemental to
all other obligations on their part jointly and/or severally,
hereunder, said permittee and/or its successors in interest shall
furnish and maintain and pay all premiums and other expenses
therefore casualt insurance covera e with a duly licensed
COUNCILMEN Requested by Department of: Publ ic Works
Yeas Nays
Fletcher
�reW In Favor ��
Masanz
Scheibel A gai ns t BY
redesco Dona 1 d E. Nygaa rd, 9 tor
Wilson
Adopted by Council: Date Form Approve b City Attor y
Certified Passed by Council Secretary BY
By
Approved by Mayor: Date Appro Mayor for Subm' on t o�cil
By
�` � • ' � ��/- /.�3�
Page 2 ����'�
casualty insurance company, naming the permittee and the City
of Saint Paul as jointly insured to the extent of five hundred
thousand dollars ($500,000.00) for injury to any person and/or
persons in any sinqle incident and to the extent of two hundred
thousand dollars ($200,000.00) for damage to property in any
single accident, insuring the City of Saint Paul against liability
on account of all claims of third persons for injury to person(s)
and/or property arising from or connected with the construction,
maintenance, operation and/or removal o� said telephone cable and
conduit hereunder, at all times. The permittee shall furnish a
certificate of this insurance policy to the Department of Public
Works. The Department of Public IJorks shall submit said certificate
to the City Attorney for review and if the insurance is acceptable
said certificate shall be filed with the �Jepartment of Finance and
Management Services of the City of Saint Paul ;
- b. That said permittee shall construct said telephone cable and conduit
entirely at its own expense;
c. That said permittee shall pay the cost of publication of this
ordinance and all resolutions or ordinances passed in relation
to said ordinance; �
d. That said permittee shall pay the costs of administration, enqineering
and inspection incurred by the Department of Public ldorks due to this
undertaking. Said costs are estimated to be a sum of one hundred
dollars ($100.00) ;
e. That said permittee expressly agrees to comply with Chapter 125 of
the Saint Paul Legislative Code, as amended, pertaining to street
obstruction in the prosecution of any operations involving the
construction, maintenance and/or removal of said telephone cable and
conduit;
f. That said permittee shall properly protect all excavations made in
the streets, sidewalks and boulevards both day and night so as to avoid
all damage or injury to persons or property, shall fill and compact said
streets, sidewalks, and boutevards to avoid settling, and shall restore
said streets, sidewalks, and boulevards to their original condition, as
per "City of Saint Paul , Minnesota, Department of Public Works, Standard
Specifications for Street Openings", to the satisfaction of the Director
of the Department of Public ldorks;
g, That said permittee shalt , at no cost to the City, repair any damage to
the telephone cabte and conduit which occurs during the normat course
of City maintenance and/or construction of public facilities;
h. That said permittee shall during the term of this permit restore and
repair all property, whether public or private, damaged or which may
be damaged due to the installation, maintenance, operation and/or
removal of the telephone cable and conduit;
WHt�ITE =�ITV CLERK
CANARV - DEPAR MENT GITY OF SAINT PAZTL COUIICII '/
BIUE - MAVOR File �O. �/ / ���
•
O r �n�nce Ordinance N�. ����d�l
Presented By
Referred To Committee: Date
Out of Committee By Date
Page 3
i . That said telephone cable and conduit shall be removed by and at
the sole cost and expense of said permittee and/or its successors
in interest upon their failure to comply with the conditions as set
forth in this ordinance or whenever the Council of the City of
Saint Paul shall by resolution determine such removal necessary in
the public interest and accordingly order the removal of said
telephone cable and conduit from the public street right-of-way;
j . That said permittee shall coordinate all work involving existing
or proposed utility installations, public or private, with the
affected utility company or agency;
k. That said permittee shall , within thirty (30) days from and
after the publication of this ordinance, file written acceptance
thereof, specifically agreeing to all the provisions, terms and
conditions herein, with the City Clerk.
Section 3
That this ordinance shall take effect and be in force thirty (30) days from and
after its passage, approval and publication.
COUNCILMEN
Yeas Nays Requested by Department of: Pub 1 i C WorkS
�, r-�.YNN
�,�,. � In Favor ^a�L�� n
Masanz j
Schelbel Against BY �CJ �
Tedesco Dona 1 d E. Nygaa rd, D'r or�
wilson
Adopted by Council: Date D CT 18 �g�� Form Approve� City Att ey
` I
Certified Pa y Council S tar BY
By
�
Appr by Mayor: a �y�` �� � Appr v Mayor for ubmissi n Coyncil
By By
, PUBLISFtED� NQ�1� .3 1984
� - G�1 ��, �����3y..
Publ ic Works EPARTh1ENT e ����9�r'
Robert Horrisberger,�ONTACT �7�C ��/� i�
92-6131 PHONE O
c �� ��
September 12, 1984 DATE �v �Q
(Routing and Explanatio ���
Assign Number for Routing Or�r (Clip All Locations for Mayoral Signature):
�0' Ci ty Attorney
Director of Management/Mayor C�-��,�
� v`�
Finance and Management Services Director ���� ��
4 City Clerk
Budget Director
i�hat Will be Achieved by Taking Actiqn on the Attached Materials? (Purpose/Rationa�e):_
Ordinance would grant FAMILYSTYLE HOMES permission to construct a telephone cabte across
Duke Street, between 39$ Duke Street and 395 Duke Street. This telephone cable to be
used to interconnect homes owned by FAMILYSTYLE HOMES on the west side of Duke Gith
their offices on the east side of Duke, for internal communication and security purposes.
Financial , Budgetary and Personnel Impacts Anticipated:
Any costs to City will be paid by FAMILYSTYLE HOMES, per condition of ordinance.
Fundi ng Source anck Fund Acti vi ty 1Vurr�er Charged or Credi ted:
� �-�z �.
Attachments (List and Number all Attachments) : �, : " �
, -
Ordinance
DEPARTMENT REVIEW CITY ATTORNEY REVIEW
Yes x Plo Council Resolution Required? Resolution Required? Yes No
X Yes No Insurance Required? Insurance Sufficient? Yes No
Yes X No Insurance Attached?
Will be submitted before construction
is permitted. Revision of October, 1982
(See Reverse Side for 'Instructions)
. � ' � �
r •
. lst �d '���'7 2nd /0 - %-�y� � :
3rd /n--// —.FS� Ado.pted /Q '/�"��
Yeas Nays •
DREW
�_�y i�3s �
FLETCfiER '
/7��� _
riasaNz
NICOSIA . ' "
SCHEIBEL
WILSON
� MR. PRESIDENT TEDESCO
.