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264867 WHITE - CITV CLERK �C�['��1� GANARY - DE ARTMENT �COI111C11 U `�h Bi,uE �MATOR GITY OF SAINT PAITL File NO. • � • / , ,� � r din�nce Ordinance N 0. ��b D , Presented By � Referred To Committee: Date Out of Committee By Date AN ORDINANCE MAKING PROVISIONS THEREFOR AND GRANTING UNTO THE SPACE CENTER INCORPORATED, 444 LAFAYETTE ROAD, SAINT PAUL, MINNESOTA, 55101 AND ITS SUCCESSORS OR ASSIGNS, PERMISSION TO CONSTRUCT, MAINTAIN AND OPERATE AN UNDERGROUND WATER STORAGE TANK IN WILLIUS STREET BETWEEN EIGHTN AND NINTH STREETS, PUBLIC STREETS WITHIN THE CORPORATE �IMITS OF THE CITY OF SAINT PAUL. The Council of the City of Saint Paul Does Ordain: Section 1. That permission and authority are hereby granted unto Space Center Incorporated, 444 LaFayette Road, Sai�t Paul , Minnesota, 55101 , and its suc- cessors or assigns, to construct, maintain, and operate an underground water storage tank in Willius Street between Eighth and Ninth Streets, public streets within the corporate limits of the City of Saint Paul . Section 2. That the Director of Public Works upon approval of plans and speci- fications for said storage tank by the Department of Public Works is authorized to issue the necessary permits to said permittee, Space Center Incorporated, for the construction, maintenance, and operation of said storage tank according to the plans and specifications upon said permittee's corry�liance with the following conditions: a. That said permittee and/or its successors in interest shall forthwith furnish and deliver unto the City of Saint Paul , a Surety Bond COUIVCILMEN Requested by Department of: Yeas Nays Christensen Hozza In Favor Levine � Rcedler Against BY r Sylvester Tedesco President Hunt Form Approved by Cit Atto ey Adopted by Council: Date Certified Passed by Council Secretary BY BY ,��-� -7 y Approved by Mayor: Date Approv b May si ou 1 By By - . . . . �6��6►� -2- �5�(� �� in the amount of Thirty Thousand Dollars ($30,000.00) for said storage tank, made and executed by said permittee and/or its successors in interest as Prin- cipal , and a 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, so conditioned that, upon the permittee and/ or its successors in interest failure to maintain or repair the tank to a reasonable standard of safety, the City of Saint Paul may undertake the maintenance, repair or removal thereof and may recover its rea�on- . able cost incurred thereby from said surety, which Surety Bond shall remain in force and effect as long as said facilities or any part thereof remains in that portion of Willius Street as shown on plans on file with the Department of Pubiic Works. The 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 Finance and management Services: b. That said permittee, its assigns and/or successors fn interest shall take out and maintain during the period of this permit a comprehensive protective public lia- bility insurance which shall remain in force and effect as long as said storage tank or any portion thereof is maintained and located on the public right-of-way of , Willius Street. This liability insurance shall fully indemnify, hold harmless, and defend the City of Saint Paul , its agents, officers and employees from any and all damages, claims, lo6ses, judgments, suits or ex- penses on account of all claims of whatever nature arising out of or connected with the maintenance, operation a�d/or removal of said tank. The liability insurance shall be issued by an insur- ance Company licensed to do business in the State of Minnesota 8nd the premium and all expenses incidental thereto shall be paid promptly by the permittee 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 permittee and the City shall be named jointly insured with limits of liability indicated as follows: �. . . � ��6`� -3- `�6 � � (S7� 0 � Bodily injury insurance (including death) in an amount of not less than $250,000.00 for all damages arising out of bodily inJuries to or death of one person, and, subject to the same limit for each person, in a total amount of not less than $500,000.00 on ac- count of any one accident. Property damage insurance in an amount of not less than �250,000.00 for all damages to or destruction of property in any one accider�t, and sub,ject to that limit per accident, further subject to a tatal of not less than $500,000.00 for all damages to or destruction af property during the policy period. The insurance coverage shall automatically be restored immediately after the occurance of any accident or loss from which liability may thereafter accrue and the City of Saint Paul shall be notified at least 30 days in advance of the cancellation of the insurance coverage by the issuing insurance company. c. �bat said permittee and/or its successors in interest shall , at its own cost and expense and in accordance with all ap- plicable ordinances of the City of Saint Paul , Statutes of the State of Minnesota and regulations of public authority having cognizance, construct, maintain, and operate said underground tank; d. That said permittee and/or its successor in interest shall construct said storage tank entirely at its own expense and to the satisfaction of the Director of Public Works in accordance with the approved plans and specifications on file in the Department of Public Works; e. That said permittee shall pay the costs for the publication of this ordinance and all related resolutions and ordinances; f. That said permittee shall pay the costs of administration� engineering, and inspection incurred by the Department of Public Works because of this undertaking, said costs are esti- mated as a sum of five hundred dollars ($500.00) and shall be accounted for under Department of Public Works Project No;� E-1201 ; WH17E - CITY CLERK �(��y PINK - FINANGE CO1111C11 � �i CAN�F��! -DEPMRTMENT GITY OF SAINT PAUL File NO. � Bit.0 ' -MAVOR 0 rdin�nce Ordinance N�. ��1C10 Presented By Referred To Committee: Date Out of Committee By Date Section 3. That this ordina�ce shall take effect and be in force thirty (30) days from and after its passage, approval , and publication. COUNCILMEN Requested by Department of: Yeas Nays Christensen Pub 1 i C Works Hozza In Favor Levine Q �� Against By � Syivester Daniel J. �ford, Dir ctor (MJE) Tedesco President Hunt � � � � Form Approved by Cit Att rney Adopted by Council: Date � Certifie sse by Cou '1 Secretary BY .� ' B �02-� �� Y Approve by Mayor: Date � Approve Mayo Co ci By By � �e e �rrs '!, � � � . . �' - . n . �, � n Y' � ... �; ^ \. �� . , , .. . . � ' �•, � . � ��4. ~J ','��' ` ` � � , � �, � -�r. �� d ;: _ ... , , . . ' , - . � , . �' .' . . �� - . 1' . . '.� �- .� . . . �:: , .` �. �.. .� r . .:. � � .. . � � ' �' � , ' - . . . . : � . . : . . � � � . j tt � T fi j S , , � �1 �� ( I 1.'� { � � " 1 �f � `. . . .. . . .. �.� c � ; h � �. , ,, �; �i � . � ��. ' �f � . .F . . ._ . - - .:. 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' ,�� , . , , . � . ; � �.. -. - . . � .�� . �. . � , � '•�• . , � ;� . � . ��.,: �. � . , - .,,� .. �.y,.. �1 � �'a i . . . . �. . �./ ". �. c ? $ �\ �� ` �� . . - . �� -j�' � F'. � � � ..'} .. , . �. . ... �.... :� � : : ; �.... ;': , - � ..': Yf.�. ..,..- . � . , �� ( : DEPARTMENT OF PUBLIC WORKS C!T'� OF ST. PAUL, MINNESOTA MEMO ROUTING SLIP Je ome . Segal _ INITIALS CIRCULATE As i s n C i ty torney — Ro 47 Ci Hall DATE FILE Frank D. Marzitelli INFOR- City Administrator MAT 0 Room 365 City Hall � NOTE AND RETURN lawrence 0. Cohen PER CON� VERSATION Mayor SEE ME Roan► 347 C i ty Ha 11 FOR SIG- NAT R � r ' REMARKS: ' i� � � � E � t�, � � DEC 1 819�q CtTY AT��RNcY FROM: OATE Daniet J. Dunford� Director ��//� PHONE 4241 � FORM 1009 (4-70) . C►iY OI� � s . � 4 ~i \ y O '.►. .�.'� ^e° ... �V�V V� CITY OF SAINT PAUL Capital of Minnesota DEPARTMENT OF PUBLIC WORKS 234 Ciiy Hsll & Court House 55102 Daniel J. Dunford, P.E. Director December 13, 1974 The Honorable Lawrence D. Cohen ---- Mayor of the City of St. Paul Room 347 City Hall BUILDING Re: Ordinance-permit for construction of an underground water storage tank on Willius Street right-of- way. Dear Mayor Cohen: Attached is a proposed Ordinance which, if adopted, will authorize the Public Works Department to issue a permit to Space Center, Incorporated, 444 Lafayette Road, to allow construction of an underground air-condi- tioning water storage tank on the public right-of-way of Willius Street behind their building. The Public Works Department does not have any projects pianned for this right-of-way in the fore�eeable future and the nature and location of the tank is such that any conflict between the tank and future street improvements is extremely unlikely. Nevertheless , this Ordinance requires removat of the tank whenever the City deems it necessary. In addition this ordinance will require that the permittee reimburse the Public Works Department for all expenses incurred as a result of this pr.oject. if this proposal is satisfactory to you, please approve it for submission to Council , Yours very trul r Daniel J. unford Director of Public Works TJE/MJE/ch Attachment APPROVED: � i� i � / rank D. Mar i tel l i City Administrator � _ - �s��s� -5- �,� � �s��b o. That said underground tank shall be removed by and at the sole cost and expense of said permittee and/or its suc- cessors in interest whenever the Council of the City of Saint Pau� shall by Resolution determine such removal necessary in the public interest and accordingly order the removal of said structure from said location; p. That said permittee shall , within the period of 20 days next after the publication of this ordinance, file with the City Clerk its written acceptance of this ordinance and agreement to be bound by ail the provisions, terms and conditions thereof without limitation which written instruments of acceptance and agreement shall be in the form approved by the City Attorney; q. That said permittee and/or its successors in inte�est shall submit proposed plans and specifications to the Department of Public Works for review and approval of any intended structural repairs or major maintenance work on the facilities before any such work may be car- ried out. Upon completion of such structural repairs approved by the Department of Public Works, permanent, reproducible tracings shall be furnished by the Depart- ment, showing the work done and marked with any "as built" changes, as well as reproducible shop drawing tracings of the same; �. That said permittee shall submit the necessary bond and insurance documents to the Office Engineer of the Department of Public Works. The Office Engineer shall � submit said documents to the City Attorney of the City of Saint Paul for review and, if said bond and insurance are sufficient, said documents shalt be filed with the Director of Finance and Management Services of the City of Saint Paul ; s. That said permittee shall , during the term of this permit, restore and repair all property, whether public or private, damaged or which may be damaged due to the con- struction, operation, maintenance and removal or presence of said underground storage tank provided for herein; ` '. �'� y u, � � ��"��`i -4- g. That said permittee shall furnish the Department of Public Works all documents of record that are a part of the con- tract or incidental to its execution including, but not limited to, addendums, award of contract, sum of contract, "as built" plans, tracings and tracings of shop drawings; h. That said permittee shall coordinate all work involving existing utility installations, public or private, with the affected utility companies or agencies; i. That construction within the right-of-way of said public street must be performed by a Contractor approved by the Construction Engineer of the Department of Public Works; j . That said permittee shall properly protect all excavations made in the streets, sidewalks and boulevards both day and ntght so as to avoid all damage or injury to persons or property, shall properly fill and tamp said street, side- walks, and boulevards to avoid settling, and shall restore said street, s��ewalks, and boulevards to their original conditlon, as per Section 19 of the Specifications for �treet and Sewer Construction, Department of Public Works, City of Saint Paul , Minnesota, dated April l , 1959, under the supervision and to the satisfaction of the Construction Engineer of the Department of Public Works; k. That said permittee further and expressly agrees and shall undertake to fully indemnify and save harmless the City of Saint Paul from any and all liability, suits or demands, including the legal defense cost thereof, for bodily in- juries (including death) or property damages, a rising out of the continued existence maintenance and/or future re- moval of said underground tank; 1. That said permittee expressly agrees to comply with Chapter 216 of the Saint Paui Legislative Code, as amended, pertaining to street obstructions ; m. That said permittee and/or its successors in interest shall complete the construction of said facilities, including backfill and surface restoration in the City right-of-way by not iater than July 1 , 1975; n. That said permittee shall notify the Construction Engineer of the Department of Public Works before and when con- struction starts and notify the same said Construction Engineer when construction has been completed to allow for a final inspection; lst • l _ 2nd ��ZI 3rd ��-3 Adopted 1�38 Yeas Nays GHIZISTENSEN HoZ� ��48�`� � LEVIl�TE � � SYLVESTER TEDESCO PRESIDENT (HUNT)