275312 WHITE - CITV CLERK � t �����
pINK - FINANCE COUTICII
CANARY - DEPARTMENT GITY OF SAINT PAUL
BLUE "�- MAVOR File NO.
• / �/' Q�
n P, Ordinance N O. ` LPl D(5-�
Presented By
Referred To Committee: Date
Out of Committee By Date
AN ORDINANCE MAKING PROVISIONS THEREFOR AND GRANTING UNTO BUCKBEE-MEARS .
COMPANY, 245 E. SIXTH STREET, SAINT PAUL, MINNESOTA, 55101, AND/OR ITS �
SUCCESSORS IN INTEREST, PERMISSION TO CONSTRUCT, MAINTAIN, AND OPERATE
AN AIR INTAKE DUCT WHICH EXTENDS APPROXIMATELY FOUR FEET INTO THE PUBLIC
ALLEY RIGHT-OF-WAY AOJACENT TO LOT 3, BLOCK 6, WHITNEY AND SMITH'S ADDI-
TION AND LOCATED APPROXIMATELY SIXTY FEET SOUTHWESTERLY OF THE SOUTHWEST-
ERLY RIGHT-OF-WAY LINE OF WALL STREET.
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: �
Section 1
That permission and authority are hereby granted to Buckbee-Mears
Company, 245 E. Sixth Street, Saint Paul , Minnesota and/or its successors
in interest to construct, maintain and operate an air intake duct which
extends approximately four feet into the public ailey right-of-way adja-
cent to Lot 3, Block 6, Whitney and Smith's Addition and located approxi-
mately sixty feet southwesterly of the southwesterly right-of-way line of
Wall Street.
Section 2
That the Director of Public Works is hereby authorized to issue the
necessary permit to Buckbee-Mears Company and/or its successors in interest
for the construction, maintena�ce and operation of said air intake duct
according to the pians on file with the Department of Public Works, subject
to the following terms and conditions:
COUNCILMEN Requested by Department of:
Yeas Nays
[n Favor � —
Against BY
Adopted by Council: Date Form Approved ity Atr,o�rne
Certified Passed by Council Secretary BY
�J
By i
i
Approved by Mayor: Date Appr d M r o✓f Su s to Council
By BY
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.. . -2-
a. That said permittee and/or its successors in interest shall , at its
own cost and expense and in accordance with all applicable ordinances
of the City of Saint Paul , statutes of the State of Minnesota and reg-
ulations of public authority having cognizance, construct, maintain
and operate said air intake duct hereunder;
b. 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 Five Thousand Dollars ($5,000.00) for said air intake duct, made
and executed by said permittee and/or its successors in interest as
Principai and 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, conditioned 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 or repair said air �
intake duct to a reasonable standard of safety or fails to remove said
air intake duct upon order of the City Council , the City of Saint Paul
may undertake the maintenance, repair, or removal thereof and may re-
cover its reasonable cost incurred thereby from said Surety, which
Surety Bond shall remain in full force and effect as long as said air
intake duct or any part thereof remains in the public alley right-of-
way as shown on plans on file with the Department of Public Works.
The Surety Bond shall be in such form as shall be approved by the City
Attorney and shall have such surety as shail be approved by the Director
of Finance and Management Services;
c. That said permittee and/or its successors in interest shall fulty in-
demnify, hold harmless and defend the City of Saint Paul , its agents,
officers and employees from any and all damages, claims, losses, judg-
ments, suits or expenses and on account of ail claims of whatever na-
ture for injury to person(s) and/or property arising out of or connected
with the construction, erection, maintenance, operation and/or removal
of said air intake duct; and that suppiemental 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 ali
premiums and other expenses therefor, Casualty Insurance Coverage with
a duly licensed Casualty Insurance Company. The permittee and the City
shall be named as jointly insured to the extent of $500,000.00 for in-
jury to any person(s) in any single incident and to the extent of
$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, erection, maintenance, operation and/
or removal of said air intake duct, at all times and to furnish a cer-
tificate of this insurance policy, from time to time, to the City of
Saint Paul as described in paragraph d below;
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d. That said permittee and/or its successors in interest shall submit
the necessary insurance and bond documents to the Office Engineer
of the Department of Public Works. The Office Engineer shall sub-
mit said documents to the City Attorney for review and if said in-
surance and bond are acceptable said documents shall be filed with
the Department of Finance and Management Services of the City of
Saint Paul ;
e. That said permittee shall pay the cost of publication of this
ordinance and of all resolutions or ordinances passed in relation
to said o�dinance;
f. That said permittee shall pay the costs of administration, engineer-
ing and inspection incurred by the Department of Public Works due
to this undertaking. Said costs are estimated to be a sum of Two
Hundred Dollars ($200.00) to be accounted for under a separate De-
partment of Public Works project number;
g. That said permittee and/or its successors in interest shall , at all
pertinent times, in the construction, maintenance and operation of
said air intake duct, provide a minimum vertical clearance of eighteen
(18') feet between the bottom of the air intake duct and the surface
of the public alley;
h. That said permittee shall construct said air intake duct to the rea-
sonable satisfaction of the Director of Public Works and in accordance
with plans on file in the Department of Public Works. Such construc-
tion shall be made in strict compliance with the Uniform Building
Code and be authorized under a building permit issued by the Depart-
ment of Community Services, Division of Housing and Building Code En-
forcement;
i . That said air intake duct shall be removed by and at the sole cost
and expense of said permittee and/or its successors in interest when-
ever the Council of the City of Saint Paul shalt by Resolution deter-
mine such removai necessary in the public interest and accordingly
order the removal of said air intake duct from said location;
j. That said permittee expressly agrees to comply with Chapter 216 of
the Saint Paul Legislative Code, as amended, pertaining to Street
Obstructions;
�NHITE - CITV CLERK � � 1 �
+PANK - FINANCE GITY OF SAINT PAUL CO1111C11
CAN4A.RY - DEPARTM�ENT File NO• ��� �„�,�_1
BLUE� i- MAVOR
• ri.1W,.1� �'�
Ordin�nce ordinance N�. � �[�nT�J
Presented By
Referred To Committee: Date
Out of Committee By Date
k. That said permittee shall , within a period of thirty (30) days after
the publication of this Ordinance, file with the City Clerk its
written acceptance of this Ordinance and agreement to be bound by
all the provisions, terms and conditions thereof without limitation
which written instrument of acceptance and agreement shall be in the
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 Nays � Publ ic Works
Hunt
Levine In Favot
'�'h4adde� (�I
McMahon Against BY
snowa►ter ald E. N ar i rector TJE/RAH/,c�ly
Tedesco AUG 7 �
�� rm Approved y ity At orne
Adopte���b��Council: Date /
Certified s e Coun ' Se ta BY
ir
By ' ;
Approved a or: Date 1 i A ro ed by M or�ir ub 'on to Council
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By B .
�>c�t�isx�,D AUG_ i 6 1980 -
. . ���� I �
m �
BUCKBEE-MEARS COMPANY
September 4, 1980
TO THF' u^*t,."•-
OF S' ,
Ladie P�S��� WORKS
DEPARTMENT �PAUL, MINNESOTA
W e, tl CITY �F ST ROUTING SLIP he
terms ��
adopte �N�T�A�S CIRCULATE
�ion
to con �y
adjace� ql Olson FILE
��ty ��erk's Office DATE
38� City Nall _ INFOR-
_---_- N07E �D
� �� RETURN _
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H. Dougl VERSATION —
General '. _ SEE ME �.neering
Micro Pr� - - ng Division
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f�---� NAT URE
letter ot acceptance
REMARKS records is the 16�85, adopted
Attached for your 2753� � prd. No.
as req��red by C.F .
qu9ust 7. 19�0.
DATE '
g/tt/80
FROM e r. �r• 2c���1E3�
Bob Horrisberg
public Works AnneX -
600 C i ty Ha 11 __--�--�`(j-77)
FORM 1009
245 k