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265080 WHITE - CITY CLERK PINK - FINANCE {������ CANARY - DEPARTMENT GITY OF SAINT PALTL F1ecilNO. /`tl BLUE -MAYOR ` _ _ C ncil Resolution Presented By � � � Referred To Committee: Date Out of Committee By Date WHEREAS, M Ordinance C.F. No. 264867 , granting permission to Space Center Inc. , 444 LaFayette Road, St. Paul , Minnesota to construct, maintain, and operate an underground water storage tank in Willius Street between Eighth and Ninth Streets, was adopted by the Cou�cil of the City of St. Paul on January 30, 1975 to be effective eventually on March 10, 1975, now therefore, be it RESOLVED, That pending the said Ordinance becoming effective, the Q,irector of Public Wo rks is hereby authorized and directed to issue a permit to Space Center Inc. for the construction of said water storage tank, subJect to the same conditions and requirements as set out in Ordinance No. 15766� C.F. No. 264867 inforratal approval of the i�ronediate construction of said storage tank being hereby given. r COUIVCILMEN n Requested by Department of: Yeas Nays � Christensen Pub 1 i C Wo rks Hozza In Favor Levine � Rcedler Against BY Sylvester Dan i el J Dunford, i rector � .�edeae� -� . .�.��Q � • � (MJE) Ado��ga��� "'—D�e � 2 � �� Form Approved by it At rney '��`� Certified ed b ouncil Secretary BY By Appro May . Date 8 Approv by Ma or o o C ncil '3y By � PUBLISHfD MAR 8 1975 _ � , —. _: WHI7E - CITV CLERK .. � . . . . � ��� . �� w^����...yyy PINK � FINANCE � p TT 1 � �}1= � GANARY--OEPARTMENT � G I TY OF SA I NT 1 A l} y,� � COUIICII � `, 0',U6 �MAYOR . � Flie NO. �._-- . ` � ' i5��� �(IJ � • i. � 1� �Y��Z�ZG�nCP. Ordinance N O. Presented By { -`'.� ( " � !,` �.:., � ,:t 6� • �R. � . Referred To Committee: Date Out of Committee By Date AN 4R�iN��tCE NAKl�iG PROVIStOt�S TNEREFQR ANd 6ttANT1ltG � `�� UNTO T�iE SPACE CEilTER lNCORPQRATED, 4�t4 LAFAYEI?E o�r� • �; �,�g E�, ,. ROAU, 5A1WT PAUL, !'itltaE5d7A, 551t}1 �l�D iTS SUCC�SSORS O,O REG „ OR ASSIGtdS, PERtitSStOts TO COtaSTP.UCT, t!AiN7'At2J AtJQ � "'"" OPERATE A�4 UNDERGROU�dO iIATER STQRl�GE TANK IN '�tI Ll1 US G"S _'f" STREET 8f1'idEEN E I GFiTt-i Ai�10 N!NTF� STREETS, Pt1IIL t C �p` , , D,[E STREETS �lITNIN TFiE CORPORATE LtHITS OF Tf:E CfTY OF �'fs C17 , SA1 P�tT PAl1L. ',L` '��o �_ , � VHP'.. :. � � � � . � .. E DEN .: . . 7he Council of the City of Saint Aaul Does Ordain: ��'°' Sectior� 1. � That perr�tsston and authority arc hereby grantcd unto 5pace Center Incorporated, 444 LaFayette Road, Saint Paul , Minnesoia, 55101 , and its sur cessors or assic�ns, to construct, matntain, and apefate an underground water - storage tank in Willtus Street bet��een Eighth and tdinth Streets, public streets within the corporate lir�its af the City of Saint Paul. Sectton 2. � That Lhe Dtrector of PublTc Tdarks upon aQprov�l of plans and speci- fications for said storage tank by the Departr=�nt af Pubifc Llorks is �uthorized to issaa the necessary pernits to said permittee, Space Center incorporated, for the construction, rzraintenance, and operatican of saici storage tank accordinc� ta the plans and speciftcatfons upon said permitteg's cosnpliance with the fotlowing condittons: a. That said �e�snittee and/or its successors in interest shalt forthwith furnish and delive� unto the City of Satnt Paul , a Surety Sond COUNCILMEIV Requested by Department of: Yeas Nays Christensen Hozza in Favor f " : Levine ;� Rcedler Against gy j? ,,%� r . � i_,�, : , , � , .,,, Sylvester � Tedesco President Hunt ' Form Approved by City Attorney �� � . Adopted by Council: Date � i:-; r Certified Passed by Council Secretary By ��=� � � -•- .� .. f ..� 8y �` ` Approved by Mayor: Date Approved by Mayo� for Submission to Council By -. By YKHITE, +� CITY CI.ERK � � � � PINK � FIN�ANCE � /�T � � 1 •� CANARY-�DEPl,RTMENT �JiTY � QF SAINT PALTL F1eci1N0. •����� � p..Ut -�MAVOR � . . � � � OI^�ZnGLIZCP. �rdinanceNO. /���� Presented By s�,. _. �, Referred To Committee: Date Out of Committee By Date Section 3. That this ordinance shall Lakc effect and be tn force thirty (30) days from and after tts passage, approval , and pubiicetian. . '=,p, . :, , . r,.� . , ,. � COUI�ICILMEIV Requested by Department of: Yeas Nays Christensen Pub l i c blorks Hozza [n Favor � . Levine •' �, R°°d�er D A ainst By ' �%% �. ., i" r . , � , . Syivester g panteT J. DUnford, Dt rector (H.IE) Tedesco President Hunt Adopted by Council: Date � � � �� Form Approved by City Attorney Certified Passed by Council Secretary BY " � � . � B - � y � � f 3 Approved b Ma or for Submission to Council Approved by Mayor: Date � �� _ y y By By - I����I . . _..._. . .. .. .. . , . ... � � , y _ , : ` ' � . , . s���g� � . .. . , , ; , ciTV oF sniNr ��u� i . � ; • � 4CFtCE O� TfiE CITY ADN►INISTI'./'�TO�' , . , . , . , � Ti',C���ihS J. t:F:LLLY . . . . �3.F��?.LT�Z�I�.�.�[i0'J. _1.��.LL����c'.�.�n� C0�l�t, h;l�,�g - � . ' DT�T�e � February 10, i975 � � ' R�G?�RDI1�G: � Underground storage tank construction in Wi 1 1 ius Street � � foe Space Center Inc. , 444 Lafayette Road. ; . i � : . � . . � ' I - , : .. • � � . • - . ' ` . . .� � . . . . • : : � � . . � . . � ' SOU�.c:�:c : � , . Publ ic Works . � -� - � � , . � : . • . � � - � _ � T ' . App•rove Resoiution for submiSSiori to Council � • � ° 11C`I'IO►. I:i:QL;EST��: � • .. . , • . . • � , . . ' . � . � r . ; . ; � . . � : ' . . ' • ' . ' S : . , `: . ATT,�C:�2•SE�v���= 1 . Proposed Counci l Resolution ' - . • 2. Copy of related Ordinance # . . TJE/MJf/ch , City Hail, S.int F'::.u(, ti�;nn:cc�ta S:��o2 • . � . . . � � �����'� � � -5- . . . o. That satd underground tank shall be removed by and at the - sole cost and expense of said permittee and/or its sur Cessors in interest whenever the Council o:f the City of Saint- Pau) shall by Resolution detecmine such removal necessa►-y in the public interest and accordingly order the removal of said structure f rom said location; ` - . p. That said permittee shall, witfitn the period of 20 days next after the publication of this ordinance� file with the City Clerk its written accepta�ce of this ordinance _ and agreement to be bound by all 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 interest� ' shall submit p roposed pians and specifications ta the '• . . Department of Pubiic Works for revFew and. approval of . . • any tntended structurai repairs or major maintenance work on the facilities before any such work may be cer- � • ried out. Upon completion of such structural repairs ' � approved by the Department of Pubiic Works, permanenf, ' . reproducibie tracings shall be furnished by the Depart- � mertt� showing tbe work done and marked with any "as built" changes, as weli as reproducible shop drawi.ng , � . tracings of the same; � � �� ' �. That said permittee shall submit the necessary bond - . and insurance dacuments 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 sufficie�t, said documents shall be filed with the Oirector of �'inance and Management Servtces of the City of Saint Paul ; s. That said permittee shall , during the term of this permtt, � �estore 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 provfded for herein; , R• - . • + : � : � . � � 26�86� . _2_ . ������ • ' i� the amount of Thirty Thousand Doilars ($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 Paui as obligee, so conditioned that, upon the permittee and/ • o� its successors in interest fall�re to ma+ntain o�r � . � �epaFr the tank to a reasonabte standard of safety, the City af Saint Paul may undertake the maintenance, � repair o� removal thereof and may recover its reason- ; able cost incurred thereby from said wrety, which � Snrety 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 plarts on � file with the Department of� Public Works. The Surety „ � . � Bond sF�all be in such form as shall be approved by . the City Attor�ey, a�d shall. have such 5urety as shall. '' � � be approved by the Director of Finance and management � � Services: . ... � . .. b. That said permittee, its asstgns and/or successors i.n ._ �. interest shall take out and maintain during the period. of this permit a comprehensive protective public lia- . bitity insurance which sha11 remain i.n force and effect as Iong 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, office�s and employees from� any and . ' �I1 damages, claims, losses, judgments , suits or ex- pe�ses on account of all ciaims of whatever nature a�ising out of or connected with the maintenance, � � - operation and/or removai of said tank. The liability insurance shall be issued by an insur- a�ce Company licensed to do business in the State of � Minnesota and 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. Befo�e any � expiration, said permittee shalt deposit with the . City of Saint Paul a new certiftcate to replace any � expiring insurance. The permittee and the City shal ) be �amed jointiy insured with limits of liability • � indicated as foliows: ' � -�� . ._ _ . ._.._. . .....`., . �....: . _ , ..._.w. __.� ._. ....,.,.� .. ._->----.. _... . . .. _....._.....,. _...._ . �. � 2��86'� � . -3- . � ... .. .. �.: . ������� � Bodi�ly injury insu�ance (including death) in- � � � . , an artaunt of not less tha� $250,000.00 for � �� .. � � •all damages arising out of bodily injuries. _ � - , � to or death of one person, and, subJect to. the same 1 imi t for each person, in a total � . � � � � amount of not less than $500,000.00 on ac=� ` � _ � Courtt of any one acctdent. Property damage � 'tnsurance in an amount of not less than - ' s250,Q00.00 for all damages to or. destruction � � of prope�ty in any one accident, and subject. � to that limit per accident, further subject . : to a total of not less than .$500,000.00 for, � ail damages *_o o� destruction of proper.ty - . � during the pol icy period. .. � � - � � � • . . Tfie insurance coverage shal l� autom�at ical ly- be . �• : - � . , resto�ed immediately after the occurance. of .�: : a�y accident or loss from which liability may. � thereafter accrue and the City of- Saint� Pau1 ' - � . shall be notified at least 30 days in advance � • of the cancellation of the insurance coverage � � by the issutng insurance company. � . . . . . . . e. Tbat said permittee andlor its successors in ��interest shall , at its own cost and expense and in accordance with al_1 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 undergrou�d tank; ' . d. ThaL said permittee and/or its successor in interest shail eonstruct said storage tank e�tirely at its own expense and to the satisfaction of Xhe Oi�ector of Public Works in accordance with the approved Qlans and specification� 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. 7hat said permittee shall pay the costs of administration, . engineering� and inspection incur�ed by the Department � ' . Public Wo�ks because of this undertaking, said costs are esti- mated as a sum of five hundred dollars ($500.00) and shal ) be accounted for under Department of Public Works Project � No. E-1201 ; . ' : � , .: � . . ` �s��s� � _�- � ������ � g. That said pern�ittee shai 1 furnish the Department of Publ ic ' • Works al1 documents of reco�d that are a part- of the con- • tract o� incidental to its execution i�cluding, but not limited to. addendums, award of contract. sum of contcact, - "as built" pians, tracings�and Lracings of shop drawings; h. That said permittee sha] i coordi�ate all work involving . existing utiiTty instatlations, public or privaLe, r�ith � the affected utility companies or agencies; i. That constructiocr within the right-of-way of said publ �c , street must be performed by a Contractor approved by the � � Construction Engineer of the Department of Public Works; - J. That said permittee shaTl properly p�otect al1 excavations made in the streeLS, sidewalks and boulevards both day and � � ntghL so as to avoid all damage or tnjury to persons or property, shall p roperly fi11 and tamp said street, side- • walks� and boulevards to avoid settling, and shall �estore : said street, sidewalks* and boulevards to their origtnal tondition, as per Section 19 of the Specifications for St�eet and Sewer Construction, Department of Public Works, : • City of Saint Paul , tiinnesota, dated April 1 , 1959, under ' ' the supervision and to the satisfaction of the Construction � Engineer of the Departrnent of Publfc Works; . k. That said permittee further and expressly agrees and ,shall undertake to f uily indemnify� and save harmless the City of �. Saint Paul from any and all liability, suits or demands, ' tncluding the legai defense cost thereof, for bodily in- jurjes (including death) or prope�ty damages, arising out . , of the continued existence maintenance and/or future re- moval of said'�unde�ground tank; 1. That said permittee expressly agrees to comply With Chapter � 216 of the Saint Paul Legislative Code, as amended, pertaining to street obstructions; m. 7hat said permittee and/or Tts successors in interest shall complete the construction of said facilitaes, including backfill and surface restoration in the Cit.y right-of-way by not late� tha� July 1 , 1975; • � n. That said permittee shall notify the Construction Engineer of the Department of Public� Wo�ks before and when con- struction starts and notify the same said Construction ' Engineer when construction has been completed to allow for a final inspection; � . . . � .. � . . � . .