272116 WHI7E - CITV CLERK 1 � 1 . _�b
PINK - FINANCE � COUI1C11 ` F� `�� • a
CANARV - DEPARTMENT G I TY OF SA I NT PALT L
BI.UE - MAYOR � -'
File N 0.
ouncil Resolution
..
Presented By
Referred To Committee: Date
Out of Committee By Date
RESOLVED, That the proper City officials are hereby authorized
and directed to execute a Pigeon Reduction Agreement covering the
period of November l, 1978 through March 15, 1979, with the Chicago,
Milwaukee, St. Paul & Pacific Railroad; said agreement at no cost
to the City for providing for the City' s indemnification of said
� Railroad company for the negligent acts of the City' s employees or
agents while conducting said program on Railroad property.
COUNCILMEN Requested by Department of:
Yeas Nays
Butler � COMMUNITY ERVICES
r..��, In Favor
Hunt
L,evine _ d __ Against BY
Maddox
���
TedesCO �� 2 4 �� rm Approved C' �orne
Adopted by Council: Date C
Certifie a�s d by Coun " ,ec y B
i By
Appr by :Navor: Da _ �V 3 0 � � Approv yor for Submiss'on to Council
By BY �
PUBLISHED DEC 9 �g78
�
� ..
y ' ' � OM O1: I2/1975
• Rav. : 9/8/76
. EXPLANATION OF ADMINISTRATI�E ORDERS, ` �`J����
SCL ONS�' AN�3 ORDI'NAl�i�
Dat�: November 14, 1978
TO s 1KAYOR GEQRGE LATIMEA � � � � � '� E D �
NO'� 1 7�978
FR: Thamas J. Kel l ey �.IlpYqt'� �
gE: Agreement between hicago, Mfilwaukee, st. Paul & Pacific RR
. , �
ACTION REQQESTED: �
Approvat af above Agreement
PURP05E .AND RATIONA,LE FOR THIS ACTION:
Pigeon ReductionProgram
...�
ATTAC:B�ENTS: '
Council Re�olution �
�.r��r of Agreeme�t � � , .
, � � - _ i�T - `�,`7�1_�5 -
Control Section
��� City of St. Paul Public Health Environmental hereinafter
. called the "Licenaee". haa requeated pesmisaion from STANLEY E.6. HII,LMAN, ae Truatee of
the property of the CfQCAGO, MII3iA[11�E, ST.PAUL AND PACIFIC RAILRUP,D COt�ANY, Debtor�
hereimfter called the "Railroad Campaay"� to go upon the Railroad Company'e right-of-way
and premises at Wi thin St_ Pa„1 ri ry, 7 imi rc .
far the purpoae of •
, and
WI�REAS, the entry onto and upon the tracks of the Railroad Company for the purpoae
aforeaaid will be more or leas dangerous aad may aubject the Licensee to xisk of peraonal
injury and damags to property, and
W1�REAS, the Railroad Company is willing to grant the Licenaee the deaired permission
subject. hovever, to the terms and conditions hereiaafter eet forth;
NoFI, TF�REFORE, the Railroad Coopany hereby graate permiasioa to the Licensee to go
upon the right-of�ay and premi�es of the Railroad Company for the aforesaid purpose fzom
� November 1, 1978 . 19�� co _ March 15 , 19�.
� 1. The Licensee for himeelf, hi• legal repreaentatives, succeasora and asaigna,
hereby forever releasee, acquits and diacharges the Railroad �ompsay, its succesaors and
•saigna, from any claim for liabilit� of any nature and character whataoever �rhieh the
Licenaee may have or auatain on accamt of loss of or damage to property and/or on account
of personal iajury or death vpoa or along the right of Way and premisea of the Railroad
Company in the exercise of thia licease.
2. The Licensee further agrees to reimburse the Railroad Com�pany for all expenses,
property damage or peraonal liability damages which may be incuzzed by the Railroad, its
. employeea or ita �ustomera, or for bodily injury to the Railroad's employeea or to the Rail-
rosd's customera, which may be eaused by the negligence or operatione of the Licenaee.
3. The Railroad Company resezvea the right to terminate thia permit at auq time
by giving the Licensee five (5) days' notice in writing.
4. The Licensee ehall aot enter upon the right of way and premises of the Railroad
Company in the exercise of this license unless he shall first have presented himself to the
Division Manager of the Railroad Company or his suthorized representative, exhibited thia
' license, and obtained permission from such officer for his entry.
5. Thia Permit ia binding on Stanley E.G. Hillman, ri�t as an individual, but
eolely in his capacity as Trustee. .
DATED AT CHICAGO, ILLINOIS, this Z�th day of October � 19 78
STAHI.EY E.G. HIt�.MAN, AS TRUSTEE '
� OF THE PROPERZY OF THE
CHICAGO� HILWAtTI�E� ST.PAUL AhID PACIFIC
RAII.RQAD COh�ANY, DEBTOR
, • gp
� - ACCEPTa.NCE OF Tt� FOREGOING PERMIT �
The tmdersigned, the Licensee described in the foregoing permit, hereby accepta
the same, subject to the te nzs and conditions therein stated, as of the date of execution
above shos�n.
ppro d,�s_ to�brm . Mayor.
�/
`�/�� �'// �� � birecfor, Department of Community Serv,
Assistant (City Attor y Director, Department �of Finance =
NOTE: Thie Form is to be filled out and signed in duplicate'by esch peraon aho vill enter
the Railrnad's right of vay, and returned to the Railroad ior execution. One copq
of each forn► vill then be returned to the Licensee to be earried on his person while
on Railroad �ermises. for inspection vhen requeated by Railroad Officere or Supezvisors.
CITY OF SAINT PAUL
DIVISION OF PUBLIC HEALTH
��
Octobe� II , 1978
M�. B. J_� Mc Canna . _.__
5uperintande�t
Chicago, Milwaukee, St. Paul
and Pactftc Railroad Company
270 S t b l ey Street
St. Paul , Minnesota 55101
Dear Mr. Mc Canna:
The St. Paul DivTston of Pubiic Health Environmentsl Control Sectton
plans to conduct a pigeon reduction program in the City of St. Paul .
The program wiil begin �fter the first snow fall and continue until
about March 15, 1979. ,
We would nppreclate having your permtssion to conduct the program
Don prope�ty that is under your Jurisdictton.
Stncerc�{y,
Earl Conley
Supervi sor of Envi ronment�l Co��r:,►.
EC/ms
i