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274724 WHITE - CITV CIERK ������ �INK� - FINANCE GITY OF SAINT PALTL Council CANARY -DEPARTMENT �I.UE �M�YOR File �NO. Ordindnce Ordinance r10. ! �`�d �� Presented By Referred To Committee: Date Out of Committee By Date AN QRDI�IA�JCE G�ANTItJG PERMISSIO�J TC MI�dPIES�JTA PUaLIC RAD10, IPJCORPORATE�J, 400 SIBLEY STREET, SAItJT °AUL, P111`diJESQTA AtdD/OR ITS SUCCFSSORS I�J I�dTEPEST PERF1ISSIOU TO CO�dSTRUCT, MAIfJTAI"d A�JD OPERATE A T4�l�-INCN DIAPIETER CONDUIT AND EP�CLOSED COAYIAL A�lTEtJNA CABLE ACROSS /1�JD UNDER EAST EIGHTH STREET BETI�lEEN THE QU I LD I NG ON THE PIORTtI�JESTERLY S I DE OF EAST E I GHTH STREET AT APPROY I�1ATELY 1�+9•5 FEET NORTHEASTERLY OF THE PJORTNEl�STERLY RI GHT-OF-4JAY L INE OF CEDAR STREET TO TOtJN SQUARE ON THE SOUTHEASTERLY SIDE OF EAST EIGHTH STREET AT AP- PROX I MATELY 4Q FEET SC�UTN4IESTERLY OF THE SnUTH1dESTERLY RI GHT-OF-I�IAY L I NE OF MIPJPJESOTA STREET. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIPJ : Section 1 . That permission and authority are hereby granted to P1innesota Puhlic Radio, Incorporated, 1+00 Sibley Street , Saint Paul , Minnesota to construct, maintain and operate a two-inch diameter conduit and enclosed coaxial antenna cable under and across East Eighth Street between the building on the north- westerly side of East Eighth St�reet at approximately 149.5 feet northeasterly of the northeasterly right-of-way line of Cedar Street to Town Square on the southeasterly side of East Eighth Street approximately if0 feet southwesterly of the southwesterly right-of-way line of Minnesota Street. Section 2. That the Director of the Department of Public Works is hereby authorized to issue a permit to Minnesota Public Radio, Incorporated and/or its success- ors in interest for the construction , maPntenance and operation of an under- ground conduit and enclosed coaxial antenna cable, according to approved ptans , upon said permittee's compliance with the following conditions ; COUNCILMEN Requested by Department of: Yeas Nays Butler P ub 1 i c Wo rks Hozza In Favor Hunt Levine Against BY Maddox Donald E. Nygaard (TJE/RAH/djj) Showalter Tedesco Form Approved by City Attorney Adopted by Council: Date Certified Passed by Council Secretary BY By ti Approved by Mayor: Date Ap d by Mayor for m ssion to Council By _ � � ��P�2� � _ . , �� 7�� - 2 - a. That said permittee and/or its successors in interest shall furnish a Surety Bond to the City of Saint Paul in the sum of Ten Thousand Dollars ($10 ,000.�0) condi- tioned to comply with all the terms of this (?rdinance and to indemnify said City from all liability, cost, and expenses that may accrue occasioned by the making of the improvement or arising out of the same; b. That said permittee and/or its successors in interest shat-1 take out and maintain during the period of this permit a Comprehensive Protective Public Liability In- surance which shall remain in force and effect as long as said conduit and coaxial antenna cable or any por- tion thereof is maintained and located in the public right of way of East Eighth Street. This liability insurance shall fully indemnify, hold harmless , and defend the City of Saint Paul , its agents , officers , and employees from any and ail damages , claims , los- ses , judgments , suits or expenses on account of all claims of vrhatever nature arising out of or connect- ed with the construction , maintenance, operation and/or subsequent removal of said conduit and coax- ial antenna cable. The liability insurance shall be issued by an insur- ance company licensed to do business in the State of Minnesota and the premium and all expenses incidental thereto shall be paid promptly by the permittee init- ially and upon renewal . A certificate of this insur- ance policy shall be submitted to the Office Encrineer, Department of Public !�lorks and must be of a form ac- ceptable to the City Attorney. Qefore any expiration said permittee shall deposit with the City of Saint Paul a new certificate to re�lace any expiring insur- ance. The permittee and the City shall be named Joint- ly insured with limits of liability indicated as fol- lows : Bodily Injury Insurance (including death) in an amount of not less than $50� ,OQ0.00 for i n j ur�� to any pe rson and/or �ersons i n any single i,ncident and Property Dama�e Insurance in an amount of not less thin $2�Q,O�d,!1� for damages to or destruction of property in any single accident. The insurance coverage shall automatically be restored immediately after the occurence of any accident or loss from which liability may thereafter accrue and the City of Saint Paul shall be notified at least thirty (3n) days in advance of a cancellation of the insurance cov- erage by the issuing insurance company; �' c. That said permittee and/or its successors in interest . � (��n� f� �- . � � ���� ��� - 3 - shall at their own cost and expense in accordance with all appiicable ordinances of the City of Saint Paul , statutes of the State of Minnesota and requlations of public authority having cognizance , construct , main- tain , and operate said conduit and coaxial antenna cable; d. That said permittee and/or its successors in interest shall construct said conduit and coaxial antenna cable entirely at their own cost and expense and to the sat- isfaction of the Director of Pu61ic !Jorks in accord- ance with approved plans and specifications on file in the Department of Public Works ; e. That said permittee shall pay the costs for the publi- cation of this Ordinance and a11 related Resolutions and Ordinances ; f. That said permittee shall pay the cost of administra- tion , engineering and inspection incurred by the De- partment of Public Works because of this undertakinc�. Said costs are estimated at a sum of $500.�0 and shall be accounted for under Department of Public Works Pro- ject No. E-1335 ; g. That said permittee shall coordinate all work involving existing utility installations , public or private, with the affected utility companies or agencies ; h. That the construction within the right-of-way of East Eighth Street must be performed by a contractor approv- ed by the Construction EnginPer of the Department of Puhlic bJorks ; i . That said permTttee shall properly protect all excav- ations made in the street right-of-t��ay of East Eighth Street so as to avoid all damage or injury to persons or property, shall properly fill and compact said street right-of-way to avoid settling and shalt re- store said street right-of-way to its original condi- tion as per Section 19 of the Specifications For Street and Sewer Construction, Qepartrient of Public Works , City of Saint Paut , Minnesota dated Anril 1 , 195�1, as amended, undPr the sunPrvision and to the satisfaction of the Construction Engineer of the Department of Pub- 1 i c t�lorks ; j. That said permittee and/or its successors in Tnterest expressly agrees and shall undertalce to fully indemnify , hold harmless , and defend the City of Saint ?aul its agents, officers and emptoyees fron any and all damages , clai ms , losses , j u�gments , sui ts or exPenses of U�hatever nature for injury to person(s) and/or property arising out of or connected �vith the construction , erection , maintenance , operation , or removal of said conduit and - ' . 1 (.F�S� � . , - 4 - coaxial antenna cable; �}��}��� k. That said permittee expressly agrees to comply with Chapter 216 of the Saint Paul Legislative Code, as amended, pertaining to street obstructions; 1 . That said permittee shall complete the construction of said facilities , including the back-fill and sur- face restoration of the city street right-of-way by not later than October 1 , 1980; m. That said permittee shatl notify the Construction En- gineer of the Department of Public !•lorks five (5) work- ing days before construction begins and notify the same sald Engineer when construction has been cor�pleted to allow for a final inspection ; n. That said conduit and coaxial antenna cable shalt be removed 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 Resol- ution determine such removal necessary in the �ublic interest and accordinoly order the removal of said ��acilities from East Eighth Street right-of-way; o. That utilPty companies or agencies shall retain their rights to construct, operate and/or maintain existinq or proposed installations , public or private, and that said permittee shall be responsible for any cost in- curred by said utility companies or agencies due to the nresence of said conduit and coaxial antenna cable permi tted hereunder; p. That said permittee and/or its successors in interest shali submit the necessary bond and insurance docu- ments to the Office Engineer of the Department of Puh- lic 4lorks. The Office Enaineer shatl submit said docu- ments to the City Attorney for revie�✓ and if said bond and insurance are acceptable said documents shall be filed with the Department of Finance and Manacaenent Se rv i ces • q. That said perr�ittee shall , durinc� the term of this �er- mit, restore and repair all property, whether nublio or private, damaged or which may he damaqed, due to the construction , operation , maintenance , rer�oval or nre- sence of said conduit and coaxial antenna cahte nrovid- Pd for herein ; r. That said permittee shall , within thirty (3�) days from and after the puhlication of this Ordinance, file �:Nith the City Clerk its written acceptance of this �rdinance, specifically agreeing to be bound by all the provisions , terms , and conditions herein without 1Pmitation , urhich . WHIT� - CITV CLERK PINIC� - FINANCE GITY OF SAINT PAUL Council ������ NARV -DEPARTMENT U E' f Mlj,V O R File �O. • O� zndnce Ordinance N�. ��l���c� Presented By Referred To Committee: Date Out of Committee By Date written instrument of acceptance shail be in a form approved by the City Attorney. Section 3. That this Ordinance shall take effect and be in force thirty (30) days from and after its passage , approval and publication. COUIVCILMEN Requested by Department of: Yeas M��HaN Nays � Pub 1 i c Wo rks Hozza In Favor Hunt O _� �' Levine Against By !. �-�' �. .r - ��. , -..,_ __ _ Maddox � �9nald E. ga�f TJE/R�I/dj j Si�er '� -?; � Tedes MpY � 19ao Form Approved by City A,Etorney f Adopte Council: Date f, C ified Pa y C cil Se�retar BY � , : � ,_ Approved Mayor: Date � �9�� A r ed by Mayor for Sub sio o Council By ��US�ED MAY 1 0 1980 - . � � y �� y-�a PRESIDENT MINNESOTA PUBLIC RADIO� INC. 400 Sibley Street/St.Paul, Minnesota 55101 Telephone(612)221-1500 L 7 7 0 � CV � 0 May 20, 1980 � � 0 L N � � � TO THE HONORABLE CITY COUNCIL °; OF THE CITY OF SAINT PAUL, MINNESOTA Y � � Ladies and Gentlemen: � � By signature of an officer of this corporation appearing °' herebelow, Minnesota Public Radio Inc hereby accepts and � agrees to comply with the terms and conditions of City Y Council File Number 274724, Ordinance Number 16652, adopted o by the Council on May 1, 1980, regarding the granting of � permi:ssion to Minnesota Public Radio Inc to install and � maintain a two-inch-diameter conduit and enclosed coaxial L antenna cable across and under East Eighth Street between g Cedar and Minnesota Streets. � � � U U Y Since y,_ � . � � 0 U � iam H. Kli g °' .� � m o� 0 U 0 rn � � � Y v� a � � ro d � rn z � � Y _ ' vM U1 : • �z/1975 . � . Rev: 918/76 � EXPLANATiON OF AQMiNiSTRATOVE ORDERS, * RESJLUT I ONS, AND ORD i NANCES ��.QC�,� ` • ������ Date: Ma�ct� 27, 1980 � _ ,� ` '`, . r� � � .. � � � � � l;+Y :�..i !y ' . A�� � ._ ���c . ��roR�s o�icE T0: MAYOR GEORGE LATIMER FR: Thomas J. Eggum, Pub1Tc Works Office Engineer RE: � Mtnnesota Publtc Radio's request �o install an antenns cabie scross East Eighth Street betw�een Cedar Street and Mtnaesota Street. � ACTIdN REQUESTED: This ordinance woald grant permission to Minnesota Public Radio ali and malntatn an antenna cabte under and across East EightF� Street . batNeen Cedar Street and Mtnnesota Street to connect Mlnnesota Public Radio's � building on the no�th sTde of East Eighth and the Toan Square on the south side of East Eighth. This antenna cabie wiil be installed prior to the City's repavTng of E�st Eighth Street. PURPOSE AND RATtONALE FOR THIS ACTION: � ATTACHMENTS: Ordinance � TJE/RAH/dJJ ' - 1 st � �� `� 2nd �--�- c�� . � � i 3rd �' /�� Adopted �� / ' � Yeas Nays HOZZA HUNT ` � � ,� LEVINE �1� �° ���� MADDOX McMAHON �-,) j �.� TIDESCO P � ER)