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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 .