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277227 WHITE - CITY CLERK PINK - FINANCE COUl1C11 ����� CANARY - DEPARTMENT G I T Y O F SA I N T PA U L BLUE - MAYOR File N O. . • / Q� � r C Ordinance 1�0. 1 (O O �,� Presented By Referred To Committee: Date Out of Committee By Date AN ORDINANCE GRANTING PERMISSION TO UNION CHEMICALS DIVISION: PETROCHEMICAL GROUP� tAV I ON 01 L COMPANY OF CALI FORN I A AND/OR I TS SUCCESSORS I N I NTEREST TO CONSTRUCT, OPERATE AND MAINTAIN A RAILROAD TRACK ACROSS JAMES AVENUE, WESTERLY OF RICHMOND STREET IN THE CITY OF SAINT PAUL, MINNESOTA. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAtN: Se ct i on 1 . That permission and authority are hereby granted to Union Chemicals Division: Petrochemical Group, Uni� Oil Co�any of California, 1900 East Golf Road, Schaumberg, Illinois and/or its successors in interest to construct, operate and maintain a railroad track across James Avenue in the City of Saint Paul, Minnesota. Said rai lroad track crosses the center line of James Avenue approximately 100 feet west of the center line of Richmond Street; as platted, and lies easterly of the Chicago and Northwestern Transportation Company's main line track. Sect i on 2. That the Di rector of the Department of Pub 1 i c Works i s hereby authori zed to issue a pe�mit to Union Chemicals Division: Petrochemical Group, Union Oil Company of California and/or its successors in interest for the construction, operation and maintenance of said rai lroad track across James Avenue, upon and subject to the following provisions, terms, and conditions: a. That said permittee shall pay the cost of the publication of this ordinance and all ordinances and resolutio�s passed in relation to this ordinance; COUIVCILMEN Yeas Nays Requested by Department of: Hunt Levine [n Favor Maddox McMaho� Showalter Against BY Tedesco wlson Form Approved by C A rney Adopted by Council: Date Certified Passed by Council Secretary BY � L By Approved by Mayor: Date App by Mayor o ub issio o Council By BY � � -z- ��'���' . b. That said permittee shall pay the cost of administration, engineering, and inspecti� incurred by the Department of Public Works because of this undertaking. Said costs are estimated to be a sum of $500.00 and to be accounted for under Department of Public Works Project Number E-1344; c. That said permittee and/or its successors in interest expressly agrees and undertakes to fully indemnify and hold harmless the City of Saint Paul , its agents, officers and employees from any and all damages, claims, losses, judgements, suits and expenses arising out of the con- struction, operation and/or maintenance of said track authorized by this permit; d. That said permittee and/or its successors in interest shall furnish and deliver unto the City of Saint Paul a Surety Bond in the amount of $10,000.00 for said track, made and executed by said permittee and/or its successors in interest as Principal and a Corporate Surety Company duly authorized to transact business in the State of Minnesota as Surety, to and in favor of the City of Saint Paul as obligee, con- ditioned upon the permittee and/or its successors in interest complying with the terms and conditions of this ordinance, and also conditioned that, in the event the permittee and/or its successors in interest fail to maintain, repair or replace the track or track crossing to a reasonable standard of safety, or fai 1 to remove said track upon order by the Council , the City of Saint Paul may unde rtake the maintenance, repai r, rep)acement or removal thereof and may recover i ts reasonable cost incurred thereby fran said surety, which Surety Bond shall remain in force and effect as long as said track or any part thereof remains in that portion of James Avenue. The Surety Bond shall be submitted to the .Director of Public Works, shall be in such form as shall be approved by the City Attorney and shall have such Surety as shall be approved by the Director of Finance and Management Serv.ices; e. That said permittee and/or its successors in interest shall , to the satisfaction of the Director of Public Works, maintain the space lying between the rails of said track and a space of at least four (4) feet outs i de of each rai 1 of sai d track; f. That said permittee and/or its successors in interest agrees to comply with Chapter 125 of the Saint Paul Legislative Code, as amended pe�- taining to street obstructions; g. That said track shall be removed and the roadway restored by and at the sole cost and expense of said permittee and/or its successors in interest whenever the Council of the City of Saint Paul shall by Resolution determine such removal necessary in the public interest and accordingty order the removal of said track from said location; WMITE - CITY CLERK J' /'/�� PINK - FINANCE COUIICll /V f 1 CANARY - DEPARTMENT G I TY O F SA I N T PA LT L � BLUE - MAYOR File N O. • • ` O/ in�nce ordinance N 0. � � v � Presented By Referred To Committee: Date Out of Committee By Date h. That said permittee and/or its successors in interest shall, at its oam cost and expense and in accordance with all applicable ordinances of the City of Saint Paul, statutes of the State of Minnesota and regulations of pubtic authority having cognizance, construct, main- tain and operate said track hereunder; i . That said permittee shall notify the Traffic and Lighting Division • of the Department of Public Works if the construction or maintenance of said track shall make necessary the closing of James Avenue or any part thereof. All expenses incurred by the Traffic and Lighting Division in furnishing, installing or removing barricades, signs and other control devices shall be paid by the permittee; j . That said permittee shall , within a period of thirty (30) days afte r the publication of this Ordinance, fite with the City Clerk its written acceptance of this Ordinance and agreement to be bound by all the provisions, terms and conditions thereof without limita- tion which written instrument of acceptance and agreement shall be in the form approved by the City Attorney; Se ct i on 3. That this Ordinance shall take effect and be in force (30) days from and after its passage, approval and publication. 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Rev. : 9/8/76 � . � y Rev. : 5/7/80 EXP�AhAT10N OF ADMINISTRATIVE ORDERS , Rev. : 4/30/81 RESOLUTIONS AND ORDINANCES 7 � , � ECEIVED ,���'y � DATE: �„�y �6, �9s� JUL 2�21981 RECEIVEp T0: Mayor George Lat�imer CITY AT�OR�fEY ���� � 1 �9s7 �lAAYORS OFFICE FROM: Thomas J. Eggum, Pubiic Works Office Engineer � RECEIVEa RE: Raiiroad Track across James Avenue near Shepard Road ��� 2 3 �9 8� �, ACTlON REQUESTED: MAYORS nFFICE The attached Ordinance wouid grant permission to Union Chemicais Division of Union Oii . Company to co�struct, ope�ate and maintain a railroad spur track across James Aven to service Union Chemicais new building faciiities on James Avenue at Shepard Road. he permission is subject to compiiance with the terms and conditions of the Ordinance. PURPOSE AND RATIONALE FOR THIS ACTION: - The track wiil be owned by Union Chemicais and they wiii pay aii costs for constru tion, . . operation and maintenance. The track wiii be located across James Avenue. approxim teiy 25 feet east of the Chicago and Northwestern Raiiway's main iine track near Shepar Road. FI NANCI AL I NiPACT: Union Chemicats will be responsibte for costs of ali engineering, inspection and administrative services rendered by the City. ATTACHMENTS: � Ordi�ance dc _ ' � lst ��' y— l�� 2nd � ���^ 1� r� 3rd � � � �— 1� � Adopted � — a-� Yeas Nays � H� ) � �l 9 LEVINE w._:�A A^ °�7 �)`���t MCMAHON l�►I IV/Vv SHOWALTER TEDESCO WILSOPI <l PRESIDENT (MADDOX) , �++