274916 WH17E - CITV CLERK 1 [�i'����
PINK - FINANCE COUI1C11 �B ��
CANARV - DEPARTMENT GITY OF SAINT PALTL File NO•
BLLE -�MAVO,R �
• , _ �
Or in�znce Ordinance N�. ���„Ql D._CD
Presented By
Referred To Committee: Date
Out of Committee By Date
AN ORDINANCE GRANTING PERMISSION. TO THE PORT AUTHORITY OF THE CITY OF SAIPdT
PAUL AND/OR ITS SUCCESSORS IN INTERESTS TO CONSTRUCT, OPERATE AND MAINTAIN A
RAILROAD TRACK ACROSS FILLMORE AVENUE IN THE CITY OF SAINT PAUL.
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN :
SECTION 1
That permission and authority are h�reby granted to the Port Authority of the
City of Saint Paul and/or its successors in interest to construct, operate and
maintain a railroad track across Fillmore Avenue, being more accurately locat�d
. as: Commencing at the center line intersection of Plato Boulevard and Fillmore
Avenue, thence proceeding a distance of 346.2 westerly along the center line of
Fillmore Avenue to a point on the cente r line of said track crossing.
SECTION 2
That the Director of Pubtic Works is hereby authorized to issue a permit to
the Port Authority of the City of Saint Paul and/or its successors irr,interest
. for the construction, operation and maintenance of said railroad track across
Fillmore Avenue, upon and subject to the following provisions, terms, and con-
ditions :
a. That said permittee shall pay the cost of the publication of this
ordinance and all ordinances and resolutions passed in relation to
this o rdinance;
b. That said permittee shall pay the cost of administration, engineer- �
ing, and inspection incurred by the Departrr�nt of Public Works be-
cause of this undertaking. Said costs are estimated to be a sum
of $500.00 and to be accounted for under a separate Depa�tment of '
Pubtic Works Project Number;
COUIVCILMEN Requested by Department of:
Yeas Nays �
In Favor
Against BY
Adopted by Council: Date Form App o d by City Attorney
Certified Passed by Council Secretary BY4 �
By '`..
Approved by Mayor: Date Appr by Mayor for ub ' ion Council
gy . $ _
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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 , offi-
cers and employees fran any and all damages , claims ,
losses , ,judgments , suits and expenses arising out of
the construction operation and maintenance of said track
authorized by this permit;
d. That the successors in interest of sald per.mittee shalt
furnish and deliver onto the City of Saint Paul a Surety
Bond in the amount of $�0,000.00 for said track, made
and executed by said successors in interest, as Principal
and Corporate Surety Company duly authorized to transact
bus�ness in the State of Minnesota as Surety, to and in
favor of the City of Saint Paul as obligee, so conditioned
that, upon the successors in interest failure to maintain
or repair the track crossing to a reasonab�e s�andard of
safety, the City may unde rtake the maintenance, repair or
removal thereof and may recover i ts reasonab�le cost incurred
thereby from a said Surety, which Surety Bond shall remain
in force and effect as long as said track or any part there-
of remain ira Fi l imore Avenue ri ght-of-way. The Surety Bond
shall be in such form as shall be approved by the City Attor-
ney and shall have such Surety as shall be approved by the
Director of Finance and Management Services ;
e. That said parmittee and/or its successors in interest shall ,
to the satisfaction of the Director of Public Works , main-
tain the space lying between the rails of said track and
a space of at least four feet outside of each rail of said
track;
WHITE - CITV CLERK
PINK - FINANCE GITY OF SAINT PAUL Council �`������
CANARV - DEPARTMENT
BtUF�. -MAVOR File �0.
J
Ordindnce Ordinance 1��. l�[ID���_
Presented By
Referred To Committee: Date
Out of Committee By Date
f. That the Council of the City of Saint Paul reserves the right
to order the removal of said track and restoration of the area
by the permittee or its successors in interest at the sole cost
and expense of the permittee or its successors in interest;
g. That said permittee shall , within thtrty (30) days after the
passage of this ordinance, file with the City Clerk its written
acceptance thereof.
SECTION 3
This ordinance shall take effect and be in force thirty (30) days f rom and
after its passage, approval and pubtication.
COUIVCILMEN Requested by Department of:
Yeas Nays
B t r Hunt Publ ic Works
H a Levine In Favor
H t Maddox
Le 'ne McMahon Agaitlst BY
M ox Showalter a t d E, gaa D i rector
S alter�edesco TJE/R¢�!_/d 11
T e co y���son F Approv d by City Attor y
Adopted b C uncil: Date �1�ir � �_ ��/�� - �
Certified a y Co c' c r BY �
By
Approved y ayor Date 1. �9a� Approved by Mayor for Submission to Council
gy ��i' _ ^ . . By
�tsxED J U N 21 i980
� F - u� v� : ��/ �7l7
. Fev: 9/8 76
� , � EXF'LANA7 i QN OF ADM 1 N I STRAT I VE dRDERS, �r„���
RESOLUT I ONS, AP�d bRD I�fANCES ��� �
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. � � c � � �E . .
Date: May 5, 1980 . , I�/�Y � _ � �
980
�AYpR�s ��
TOc MAYOR GEORGE LATIMER
FR: Thomas J. Eggum, Public Works Office Engineer
RE: Railroad Track across Fillmore Avenue to serve Brown and Bigelow.
ACTION REQUESTED: �
Th� ordinapce would grant permission to the St. Paul Port Authority to construct
a raitroad track across Fillmore Avenue about 350 feet west of Plato Boulevard
to serve the new Brown and Bigelow site. The Port Authority would like to
construct this track crossing within the next few months.
,
PURPOSE AND RATIONALE FOR THIS ACTION:
ATTACHMENTS:
� Ordinance
RAH/j r i
_ _____.�.._ _ T _T .T_ _ _ _ _ _
I L�
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lst � / �5 2nd ���.�c�
3rd � ) f �
f�� � Adopted b �
T '
Yeas Nays '
HOZZA �
HUNT
LEV INE ��L����
MADD OX
McMAHON
TIDESCO
PR�SIDENT (SH0��IALTER)
. �