265392 WH17E - CITV CLERK � .
�PINK .r- FINANCE
GITY OF SAINT PALTL Council .,
.�AIVARY=[)E{aJ1RTME File NO.
BLUE + - MAYOR �� �
� � - ,� Or in�nce
Ordinance N 0. �.���
Presented By
Referred To Committee: Date
Out of Committee By Date
AN ORDINANCE MAKING PROVISIONS THEREFOR AND GRANTING
UNTO THE HOUSE OF HOPE PRESBYTERIAN CHURCH, 797 SUMMIT
AVENUE, SAINT PAUL, MINNESOTA, 55105, AND ITS SUCCESSORS
OR ASSIGNS, PERMISSION TO CONSTRUCT, MAINTAIN, AND OPER-
ATE AN UNDERGROUND ELECTRICAL WIRING INSTALLATION IN THE
ALLEY OF BLOC K 3 OF PALACE ADDITION II , PUBLIC RIGHT-OF-
WAY WITHIN THE CORPORATE LIMITS OF THE CITY OF SAINT PAUL.
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1 .
That permission be granted to the House of Hope Presbyterian Church,
797 Summit Avenue, Saint Paul , Minnesota, 55105, and its successors or
assigns, to construct, maintain, and operate an underground electrical
wiring conduit in the alley of Block 3 of Palace Addition II , public
right-of-way within the corporate limits of the City of Saint Paul .
Section 2.
That the Director of Public Works upon approval of plans for said
conduit by the Department of Public Works is authorized to issue the
necessary permits to said permittee, House of Hope Presbyterian Church,
for the construction, maintenance and operation of said underground con-
duit according to approved plans upon said permittee's compliance 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 in the amount of Ten Thousand Dollars ($10,000.00)
for said conduit, made and executed by said permittee and/or its
successors in interest as Principal , and a Corporate Surety
Company duly authorized to transact business in the State of
COUNCILMEN Requested by Department of:
Yeas Nays
Christensen
Hozza In Favor
Levine
Rcedler Against BY
Sylvester
Tedesco
President Hunt
Form Approved C'ty At orney
Adopted by Council: Date
Certified Passed by Council Secretary BY
By .
Approved by Mayor: Date Approved ayor for Sub 'ssion to Council
By By
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� . • �2� prn0• t�o. 15�
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 conduit
to a reasonable standard of safety, the City of Saint Paul may
undertake the maintenance, repair or removal thereof and may
recover its reasonable 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
the alley 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 shall be ap-
proved by the Director of Finance and Management Services;
b. That said permittee, its assigns and/or successors in interest
shall take out and maintain during the period of this permit a
comprehensive protective public liability insurance which shall
remain in force and effect as long as said conduit or any portion
thereof is maintained and located on the public right-of-way.
This liability insurance shali fully indemnify, hold harmless,
and defend the City of Saint Paul , its agents, officers and em-
ployees 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 maintenance, operation
and/or removal of said underground conduit.
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 incidental thereto shall be paid promptly by the
permittee initialiy and upon renewal . A certificate of this in-
surance policy shall be submitted to the Office Engineer, Depart-
ment 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 in-
sured with limits of liability indicated as follows:
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 account 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 accident, and subject to that limit per accident,
further subject to a total of not less than $100,000.00 for
all damages to or destruction of property during the policy
period.
The insurance coverage shall automatically be restored
immediately after the occurrence of any accident or loss
from which liability may thereafter accrue and the City
of Saint Paut shall be notified at least 30 days in ad-
vance of the cancellation of the insurance coverage by
the issuing insurance company;
t
� � - -. � 2f 5�9�
.. t3) Qrd• I'�o • 158o�d
c. That said permittee and/or its successors in interest shall , at
their own cost and expense and in accordance with all applicable
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 conduit;
d. That said permittee and/or its successors in interest shall con-
struct said conduit entirely at their 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, engi-
neering, and inspection incurred by the Department of Public Works
and because of this undertaking, said costs are estimated as a sum
of Three Hundred Dollars ($300.00) and shall be accounted for under
Department of Public Works Project No. E-1212;
g. That said permittee shall furnish the Department of Public Works
alt documents of record that are a part of the contract or inci-
dental 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 util-
ity companies or agencies;
i . That construction within the right-of-way of said public alley
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 alley so as to avoid atl damage or injury to persons or
property, shall properly fill and tamp said alley to avoid set-
tling , and shall restore said alley to its original condition,
as per Section 19 of the Specifications for Street and Sewer
Construction, Department of Public Works, City of Saint Paul ,
Plinnesota, 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 under-
take 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 injuries (including death) or
property damages, arising out of the continued existence, mainte-
nance and/or future removal of said underground conduit;
' --, • .
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� �4� Ord. i� . 150�8
1 . That said permittee expressly agrees to comply with Chapter 216
of the Saint Paul 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 back-
fill and surface restoration in the City right-of-way by not
later than October 1 , 1975;
n. That said permittee shali notify the Construction Engineer of
the Department of Public Works before and when construction
starts and notify the same said Construction Engineer when
construction has been completed to allow for a final inspec-
tion;
o. That said underground conduit shall be removed by and at the
sole cost and expense of said permittee and/or its successors
in interest whenever the Council of the City of Saint Paul
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 his written acceptance of this ordinance and agreement
to be bound by all the provisions, terms and conditions there-
of, without limitation, which written instruments of acceptance
and agreement shall be in the form approved by the City Attorney;
q. That said permtttee and/or its successors in interest shall
submit proposed plans and specifications to the Department of
Public Works for review and approval of any intended repairs
or major maintenance work on the facilities before any such
work may be carried out. Upon completion of such repairs
approved by the Department of Public Works, plans shall be
furnished to the Department, showing the work done and marked
with any "as built" changes;
r. That said permittee shall submit the necessary bond and in-
surance documents to the Office Engineer of the Department
of Pu blic 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 shall be filed with the Director of Finance
and Management Services of the City of Saint Paul ;
WH17E - CITY CLERK
PiNK _ - FINANCE CO1111C11 (��$ ('�J
ACANqRTrREPARTMENT GITY OF SAINT PALTL ��S� F-�,,;�
DLL`tE�� +�MAYOR File NO.
I = . �
- Ordinc�nce Ordinance N0. �5�a�
Presented By
Referred To Committee: Date
Out of Committee By Date
(5)
s. That said permittee shatl , during the term of this permit
restore and repair all property, whether public or private
damaged or which may be damaged due to the construction,
operation, maintenance and removal or presence of said
underground conduit provided for herein;
Sect ion 3.
That this ordinance shall take effect and be in force thirty (30)
days from and after its passage, approval , and publication.
Jm COUPICILMEN Requested by Department of:
Yeas Nays
Christensen Publ 'ic Works
�z,z�" In Favor
Levine O
Rcedler A gains t BY �
Syivester Daniel J. Du ord, Dire tor �'1'n (MJE)
Tedesco
President Hunt
Adopted by Council: Date MAY 2 � 1915 Form Approve by ity torney
Certified P ed Coun Secretary BY
By
Appr by Mayor: Dat �Y � Approved ayor a• bmiss' n ouncil
By By
Poe��s��v JUN 1 41975
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CITY Q� SAt �l1' P�IUL�'
QFFiCE �F TNE CITY ADh�tt�iSTl'.P�TO�'
. : TI?����AS J. ;;f.11:CY �� :II
�FI`4fi\�_I+i.`l...CIL 1!l-��,1. l,+,l•jy��1L� �. 1J11,j�1��r'► � 1'rn�li .
DtzTr: Apr i T 9. 1975 �
R�G?�RDIivG: The granting of permission to the House of Hope Presbyterta� •
Church for installation of underground wiring conduit in alley
right-of-way for Church parking lot uses. . • ,
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. WOUFGL': . .: DEPARTMENT :OF. PUBLI C I�ORKS' . -. • �
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ACT20►� I:L'�vEST,�v. �� Approve�Ordinance for s.ubmission to 'Council .. �
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AT i.'�t`:,2l�:isTS; - �Rropos�d Ord�nance : . • .
TJE:l�JE:Pr-�' . : . •
. . . - � � City Mall, S�.int F':�u�, R-�:r�n:�c.�a 5510
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�J
Saint Paul, Minnesota
June 18, 1975
To the Honorable, the City Council
Saint Paul, Minnesota
Gentlemen:
We, the undersigned, do hereby accept and
agree to abide by all the terms and conditions of Council
File No. 265392, being Ordinance No. 15828, adopted by the
Council on May 20, 1975.
lst S�� 2nd 5��
�:
3:d Adopted S��Q
Yeas Nays
C'rIl�ISTE'iYSEN
Y:OZZA
�� ��5�92
ROEDLER
SYLVEST`'r�R
TEDESCO
' PRESi.7�i �r'UlV�')