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269033 WHITE - CITV CLERK -1��0�� PINK - FINANCE GITY OF SAINT PAITL Council r CAMARV -DEPARTMENT BLUE - MAVOR File NO. � 0 rdin�nce Ordinance N 0. �� ` � Presented By Referred To Committee: Date Out of Committee By Date AN ORDINANCE GRANTING PERMISSION TO BILIY BOY JUICES, (N- CORPORATED, 500 BUSH AVENUE, SAINT PAUL, MINNESOTA, 55101, TO CONSTRUCT, OPERATE, AND MAINTAIN AN INVERSE SLOPE LOAD- ING RAMP ON THE SOUTH SIDE OF BUSH AVENUE BETWEEN APPROXI- MATELY 100 AND 122 FEET EAST OF THE EASTERLY RIGHT-OF-WAY LINE OF BURR STREET. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section i . That permission and authority are hereby granted to Billy Boy Juices, Incorporated, 500 Bush Avenue, Saint Paul , Minnesota, 55101 , to construct operate and maintain an inverse slopa loading ramp on the south side of Bush Avenue between approximately 100 feet and 122 feet easterly of the easterly right-of-way Itne of Burr Street and extending 13 feet northerly from foundation of existing building. Section 2. That the Director of the Department of Pubtic Works is hereby authorized to issue a permit to Billy Boy Juices, incorporated, for the construction, operation and maintenance of said loading ramp subJect to the following te�ms and conditions: a. That said permittee shall construct said loading ramp entirely at its own cost and expense under the supervision a�d to the satisfaction of the Director of the Department of Public Works in accordance with ap- proved plans and specifications of said pe nnittee on file in the Depart- ment of Public Works and identifted as Pubiic Wbrks ProJect Number E-126� ; COUIVCILMEN Requested by Department of: Yeas Nays Butler � Hozza In Favor Hunt Levine Against BY Roedler Sylvester Tedesco Adopted by Council: Date Form Approved by ty ttorne Certified Passed by Council Secretary BY gy � Approved by Mayor: Date Appr v d by Mayor fo ub ission to Council By BY �V��J . . tCP�._7� . . . 269��33 b. That said permittee shall pay the costs of publication of this Ordinance and all resolutions passed in relation to said Ordinance; c. That said permittee shall pay the costs of administration, en- gineering, and inspection tncurred by the Department of Public Works because of this undertaking. Said costs are estimated as a sum of Two Hundred Dollars to be accounted for under Department of Public Works ProJect Number E-1267; d. That said permittee shatl pay the costs incurred by the Traffic Bureau in furnishing, installing and removing barricades, signs and other controi devices; e. That said permittee shall remove said loading ramp in such a manner as is satisfactory to the Director of the Department of Pubttc Works whenever the City Council shall so order; f. That said permittee shall be responsible for any drainage in- curred because of the inverse slope of said loading ramp; , g. That said permittee shall properly protect and sign said ramp in a manner as directed by the Director of the Department of Public Works; h. That said permittee expressly agrees and undertakes to fully indemnify, hold harmless and defend the City of Saint Paul , its agents, officers and employees from any and all damages, ctaims, losses, judg- ments, suits or expenses arising out of or occasioned by the construction, operation, and maintenance of said loading ramp and by the permission and authority grarted herein; i . That said pe�mittee 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 loading ramp, made and executed by said permittee and/or its successors in interest as principal , and a Corporate Surety Company duly authorized to t�ansact business in the State of Minnesota as surety to and in favor of the City of Saint Paul as obligee, condittoned 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 or replace said loading ramp to a reasonable standard of safety or fail to remove said loading ramp upon the order by the Council , the City of Saint Paul may undertake the maintenance, repair, replacement or removal thereof and may recover its reasonable costs lncurred thereby from said surety, which surety bond shall remain in force and effect as long as said loading ramp or any part thereof remains in that portion of Bush Avenue right-of-way, as shown on plans on file with the Department of Public Works. This surety bond 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 Ftnance and Management Services; � . . I� �� 6��3 j . That sald permittee and/or its successors in interest shall take out and malntain during the period of this permit a comprehensive protective, public liability insurance which shall remain in force and effect as long as satd loading ramp or any portion thereof is maintai�ed and located on the public right-of-way of Bush Avenue. This liability insurance shall fully indemnify, hold harmless and defend the City of Saint Paul , its agents, officers and empioyees, from any and all damages, claims, losses, Judgments, suits or expenses on account of all claims of whatever nature arising out of or connected with the construction, main- tenance, operation and/or subsequent removal of said loading ramp. The liability insurance shall be issued by an insurance company licensed to do business in the State of Minnesota, and the premium and all expenses inctdental thereto shall be paid promptly by the pe�mittee initially and upon renewal. A certificate of this insurance policy shall be submitted to the Office Engineer, Department of Public Works, and must be of a form acceptable to the City Attorney. Before any expiration, said permittee shall deposit with the City of Saint Paul a new certificate to replace any expiring insurance. The permtttee and the City shall be named as jointly insured with limits of liability as indicated as follows: Bodily in,jury insurance (including death) in an amount of not less than Two Hundred and Fifty Thousand Dollars ($250,000.00) for all damages arising out of bodily inJuries to or death of one person and subject to the same timit for each person in a total amount of not less than Five Hundred Thousand Dollars ($500,000.00) on account of any one accident. P�operty damage Pnsurance in an amount of not less than One Hundred and Fifty Thousand Doilars ($150,000.00) for al ) damages to or destruction of property' in any one accident and subJect to that limit per accident, further subject to a total of not less than Two Hundred Thousand �ollars ($200,000.00) for all damages to or destruction of prope�ty during the policy period. The insurance coverage shall automatically be restored immediately after the occur�ence of any accident or loss f rom which tiability may thereafter accrue, and the Clty of Saint Paui shall be notified at least thirty (30) days in advance of the canceltation of the insurance coverage by the issuing insurance company; k. That said permittee shall submit the necessary bond and insurance documents to the Office Engineer of the Department of Public Works, and the Office Engineer shall submit said documents to the City Attorney for review, and if said bond and lnsurance are acceptable, said documents shatl be filed with the Department of Finance and Managanent Services; l . That said permittee shall within twenty (20) days from and after the passage of this Ordinance file a written acceptance thereof specifically agreetng to all the provisions, terms and conditions herein with the City Clerk. WI-�17E - CITV CLERK � COUIICll �� PINK - FINANGE GITY OF SAINT PALTL � CAI�ARY - DEAARTMENT ' BLUE• -MAVOR File NO. • ♦ • Ordindnce Ordinance N O. � �� Presented By Referred To Committee: Date Out of Committee By Date Section 3. That this Ordinance shall take effect and be in force thlrty (30) days from and after its passage, approval and publication. �. mkb COUHCILMEN Yeas Nays Requested by Department of: Butler Publ ic Works Hozza In Favor HUnt l _ � Levine � Against BY Roedler DanTel J. D ord, Direc r (TJE/ ) Sylvester Tedesco � MAY 2'6 1977 Form Approved by ity Attor ey Adopted b ouncil: Date C ied P by Council Secretary BY . Approv by Mayor: Date MAY 31 1977 Appto ed by Mayor for Sub i si t�.Council By BY ' PUBLISHED JUId 4 1977 . . ` , . . . � `. , .� � �� / , � :�'�'.. 1 , �i `�` f ✓` , i , �' y �y / , �� / �` ,'� . � . � ,r ' e;.�. t� - f 4 ' _ , � � "� �� , .�. � � , .� 'J � • .' ,. � . .. i.�" . �. � � ,. i .�: . } , �£X'<�.. � ` . • � . • . ,1: .. . . . . . . . - �w# , . . . � , � . ..r . �k_' 1 . . , . � � .. . � � / t . -� . � ,�-% � � ' . . �.�� . � • , - � . � . . - � � �� f,:�k _ � -�v . . . : . . , . � . .; � - :.: .. . . .. .. . . .. .. . � ,. �� . � .. . �� :�.� .. . ' . . . . Y../ �. 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' �i''�.di t� @I�1ld Q�/ '�1 �' .1�s.t�IDt�t1t�.�.� t��` 3� ��"�? ` �� ,�! �'' �'� �' �rt �.. � �!� ` �. c�tac�a�;� �s �;� �� ,� ,�� M�' � � �+�` 1'�p,T � Chi °�tt�tC� 19� !1�'L�M� �.'� �''$�iL°: ' . k . .�� IIY� � ' . � ` •. � ��.� 1 .; .�� . � ; i `� � �,, f�� yf . , ' . ( � -�.� 7�qi' �IE4�11� �C! �.,�'�i� e!�' '!�'R !'�O��OlIt f : , .. , � �`t�1� �t=�JDR �. .lA��,�li•'�' PO �3�,�M.� ��1 �l�t.��;b� , i ;: �y y Y` l +L��".AM i�l�'LQ 1i��3, t�',16R�� t+f1°:QO��`O� !t�lt�!`i��ip�� , � . • t+�c�j +la�s attsa p�e a� ��t��s +a�!d3�em�ze. � � �.� � , � �t ��a► �: , . , � � � 1. ., �� f � _ . , - , . F F , . . ; . , z . ': ', . � . ',i�l. �i��'k ' , , .r � .� � �� _ � �, � ,� ` � . � � � : � �. � .. '�� i / .. . . �. � � ' . � � / ^� .. . . . . .. ` �'�: � � < � � .. i . � .. � �! , .. "' yt. ' . � .. .. . . .. . , 1.` '� � .. . � . . . . ., � } . . ��. . � .. �� f � ,/ � "„ y �� .� .. ' - �,/�. � . rk:' . \. . _ . �I ..� . '.f . ' � ' . � . . . . . � �! .. � � � � � �� .. , . . . . . , .' . . ' � . . . - . . � . .. � �.. rY a � , . _ , �. _ � _ ,l�� , � . • , - 1 \ .: . � , r ; � . ,k; , oM o�.: �.z�i�7� . Rev. . 9/8;7� � ''s EXPI,A.?V1�`I''L'JN G�I' A;�i�12NISTRATTC'I" !�RDERS, ' '� • � . .[3..�:S�JLiJT1.0iVS, 1��yD OFtDIN.t�i`C�S � ��TVlJ�! �� Date: Apr 11 21 , 1977 . T0: MAYGR GEORGE Lr`�TIMER FR: Public No�ks, Of�Tce Enginaering RE: Loading ramp on Bush Ave. between Burr St. and eradley St. � . I P_GTIOIv P.EQLESTED: ; ---- Ordinance would permit the installation of an inverse loadiAg rainp on BusM Ave. to service Btily Boy Juice's inc. buitding. ; ' ; : , . i � �. I PUI�2PQSE; AND RATTONALE FOR THIS ACTiQN: ! Billy Boy Juices hss constructed a losdTng ramp within � � City street �ightrof-way without obtaining a pe�mit. � , The ramp as constructed crestes a hazard to vehiwlar � . awvements on B us h Ave. T he penn iss ion grant s d un der E this O�dinanca Mrould requi�e that the destgn of the E ramp be altered to eliminate the hazards tt has crestad. � ; i � i 1 f � � � � � � � � � i �'TTACHrQ�FV'TS: � I 1 � Ordinance ; � ; � ; � ! � � I� TJE/RAH/mkb { 1 � � � , � I � lst _ _��/ �� 2nd `�/ � ^� 3rd � `1 J � � Adop ted , Yeas Nays BUTLER HOZZA �� HUNT �� LEVINE ; ` v ROEDLER TEDESCO PRESIDENT (SYLVESTER)