264359 WHITE - CITY CLERK COIIIICll 2s4359
PINK -�FINANCE
CANARV - DIEPARTMENT GITY OF SAINT PAITL -
&ik1E �MAVOR Fll@ NO.
� .
' � /.�1Z 6
'� CP, Ordinance N 0. _
Presented By r
Referred To Co ittee: Date
Out of Committee By Date
AN ORDINANCE MAKING PROVISION THEREFOR AND GRANTING UNTO THE
UNION OIL COMPANY OF CALIFORNIA, 4g40 VIKING DRIVE, MINNEAPO-
LIS, MINNESOTA, AND ITS SUCCESSORS OR ASSIGNS, PERMISSION TO '
CONSTRUCT, MAINTAIN AND OPERATE A 24 INCH CASING PIPE FOR THE
PURPOSE OF PROTECTING FUTURE PIPELINES AND TO ABANDON A 10 .
INCH PIPELINE UNDER SHEPARD ROAD APPROXIMATELY 650 FEET EAST
' OF THE EAST RIGHT-OF-WAY LINE OF WESTERN qrVENUE; AND REPEALING
ORDINANCE N0. 9128.
THE COUNCIL OF TFIE CITY OF SAINT PAUL DOES ORDAIN:
Section 1 .
That permission and authority are hereby granted unto Union Oil
Company of California, 4940 Viking Drive, Minneapolis, Minnesota, and
its successors or assigns to construct, maintain and operate a 24 inch
casing pipe for the purpose of protecting pipetines, to abandon a 10
inch pipeline, and to continue to operate two 10 inch pipelines under
Shepard Road approximately 650 feet east of the east right-of-way line
of Western Avenue.
Section 2.
That the Department of Public 4Jorks is hereby authorized to issue
the necessary permits to said permittee, the Union Oil Company of Cali-
fornia, for the construction, maintenance and operation of said 24 inch
casing pipe, for the abandonment of said 10 inch pipeline, and for the
continued operation of two existing 10 inch pipelines according to plans
approved by and on file with the Department of Public Works, upon said
permittee's compliance with the following conditions:
COUIVCILMEN
Yeas Nays Requested by Department of:
i�xtc Chr i stensen
i�x�pNatxxAci�c Hozza In Favor
Levine -
�16e��c Roed 1 er Against BY
f��oE�acx Sy 1 ves ter
Tedesco
Mme.President 7Bo�cbex Hu n t •
Adopted by Council: Date Form Approved by ity ttor e! ,
Certified Passed by Council Secretary BY
By s V
Approved by Mayor: Date Approved by Mayor for Submission to Council
By BY
�,
�
. 264359
, . . U,uQ �co �5?z6
(2)
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 Fifteen Thousand Dollars ($15,000.00)
for said 24 inch casing pipe, any pipelines located within the
casing pipe, an existing 10 inch pipeline to be abandoned, and
two existing 10 inch lines to remain in use, made and executed
by said permittee and/or tts successors in interest as Principal ,
and a Corporate Surety Company duly authorized to transact busi-
ness 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 any of the aforementioned pipelines to a reasonable
standard of safety, the City of Saint Paul may undertake the
maintenance, repair or removal thereof and may recover its rea-
sonable cost incurred thereby from said Surety, which Surety
Bond sh�ll remain in force and effect as long as said pipelines
or any part thereof remains in that portion of Shepard Road 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 approved
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 re�ein in #�:rce and effect as long as said pipelines or
- any portion thereof are maintained a�hd` lacated on the pubtic
right-of-way of Shepard Road. This liability insurance shall
fully indemnify, hold harmless, and defend the City of Saint
Paul , its agents, officers and emptoyees from any and all dam-
ages, claims, losses, judgments, suits or expenses on account
of all claims of whatever nature arising out of or connected
with the construction, mainfienance, operation and/or removal
of said pipelines.
The liability insurance shall be issued by an insurance company
licensed to do business in the State of Minnesota and the pre-
mium and all expenses incidental thereto shall be paid promptly
by the permittee initially and upon renewal . A certificate of
this insurance policy shatl 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 reptace
any expiring insurance. The permittee and the City shall be
named as jointly insured 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
.
♦ � �� � � 2s4�5�
�(s} 0� 7l0/�Tzd
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 ail damages to or de-
struction of property in any one accident, and subject
to that limit per accident, further subject to a total
of not less than $500,000.00 for all damages to or de-
struction of property during the policy period.
The insurance coverage shall automatically be restored
i�nediatety after the occurrence of any accident or loss
from which liability may thereafter accrue and the City
of Saint Paui shall be notified at least thirty (30) days
in advance of the cancellation of the insurance coverage
by the issuing insurance company;
c. That said permittee and/or its successors in interest shall ,
at its own cost and expense and in accordance with all appli-
cable ordinances of the City of Saint Paul , Statutes of the
State of Minnesota and regulations of public authority having
cognizance, construct, maintain, and operate the 24 inch cas-
ing pipe and any pipelines placed within;
d. That said permittee and/or its successor in interest shall con-
struct said pipelines and abandon said 10 inch pipeline entirely
at its own expense and to the sati.sfaction of the Director of
Public Works and in accordacrce with and at the,.�location shown
on the approved plans on file in the Department of Public Works;
e. That said permittee shalt 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, en-
gineering, and inspection incurred by the Department of Public
Works because of this undertaking, said costs are estimated as
a sum of Five Hundred Dottars ($500.00) and shall be accounted
for under Department of Public Works Project No. E-1196;
g. That said permittee shall coordinate all work involving exist-
ing utility installations, public or private, with the affected
utility companies or agencies;
h. 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;
i . That said permittee shall properly protect all excavations made
in the streets, sidewalks and boulevards both day and night so
as to avoid all damage or injury to persons or property, shall
properiy fill and compact said street, sidewalks, and boulevards
to avoid settling, and shall restore said street, sidewalks and
boulevards to their original condition, as per Section 19 of
the Specifications for Street and Sewer Construction, Depart-
ment of Public Works, City of Saint Paul , Minnesota, dated
. 2s4�59
: � � � o�� �s��
(4)
April 1 , t959, under the supervision and to the satisfaction
of the Construction Engineer of the Department of Public Works;
j. 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 tiability, suits or demands, including the legal
defense cost thereof, for bodily injuries (including death) or
property damages, arising out of the continued existence, main-
tenance and/or future removal of said pipelines;
k. That said permittee shall notify the Traffic Operations Bureau
of the Department of Public Works if the construction or main-
tenance of said pipetines shall make necessary the closing of
Shepard Road or any part thereof; all expenses incurred by the
Traffic Operations Bureau in fu rnishing, installing, or remov-
ing barricades, signs, and other traffic control devices shall
be paid by the permittee;
1 . That said permittee expressly agrees to comply with Chapter 216
of the Saint Paul Legislative Code, as amended, pertaining to
street obstructions in the prosecution of all construction,
maintenance and "removal operations;
m. That said permi:,t,tee shall notify the Construction Engineer of
the Department .of Public Works before and when construction
starts and..not i fy same sa i d Const ruct ion Errg i rree��'wi��n construc-
tion has been completed to allow for a final inspection;
n. That said pipelines shalt 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 Resolu-
tion determine such removat necessary in the public interest
and accordingly order the removal of said structure from said
location;
o. That said permittee shall, within the period of thirty (30) 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 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;
p. That said permitfiee shall submit the necessa ry bond and insur-
ance documents to the Office Engineer of the Department of Pub-
lic Works. The Office Engineer shall submit said documents to
the City Attorney of the City of Saint Paut 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 ;
q. That said permittee shall , during the term of this permit, re-
store and repair all property, whether public or private, damaged
WHI7E - CITY � ERK � 264359
PINK +� FMVANCE COL111C11
C1AN RYyDEPARTMENT � GITY OF SAINT PAITL
B4�U� -MAYOR� Fll@ NO.
• .
Ordin�znce Ordinance N�. !J�?Zb
Presented By
Referred To Committee: Date
Out of Committee By Date
(5)
or which may be damaged due to the construction, operation,
maintenance and removal or presence of said pipelines pro-
vided for herein.
Section 3.
That Ordinance No. 9128, approved August 4, 1948, authorizing the
issuance of a permit to W.H. Barber Company, a corporation, to construct
two 10 inch pipelines and one 18 inch corrugated culvert drain across the
upper levee on a line approximately 360 feet northeasterly from the east
line of Western Avenue, also a temporary 12 inch dredge discharge line
crossing the upper levee on a line approximately 500 feet northeasterly
from the east line of Western Avenue, be and is hereby repealed in its
entirety.
�
Section 4.
That th i s ord i nance sha 11' take effect and be i n force 'th�i r'Ey (30)
days from and after its passage, approval and publication.
...
COUNCILMEN Requested by Department of:
Yeas Nays
�-ia�oot Christensen � Publ ic Works
�,����c Hozza In Favor
Levine
��s�c Roed 1 er � Against By `'
�4�t� Sylvester Director o 1 ic Works (TJE/MJE)
Tedesco
Mme.President � Hu n t 0 CT 2 3
Adopted by Council: Date 1974 Form Approved by City At orne
Certified e Council Secretary BY
�,
. � �,
Appr d by Mayor: Date �2 97 Approved by M ar 'ss on to Cou i
By - By
PUBtISHED NOV 21974
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�� �° � Union 76 Division: Eastern Region:��' lL �
- � Union Oil Company of California� '�.., .�,��_�,..,.-
Pentagon Office Park
4940 Viking Drive, Minneapalis, Minnesota 55435
Telephone (612) 835-7676
un� �bn
November 8 , 1974
City of St . Paul
Office of the City Clerk
Bureau of Records
386 city xaii
St . Paul , Minnesota 55102
Attention: City Clerk and
Council Secretary
Gentlemen :
We acknoWledge receipt of a copq of Ordinance Nd. 15726,
Council File No. 264359 granting us permission to construct ,
maintain and operate 24" casing pipe for the future of pro-
tecting future pipelines and to abandon a 10" pipeline under
Shepard Road.
We are also enclosing our check �3148 in the amount of $104 .49
to cover the cost of publication of the Ordinance and the
resolution granting preliminary approval for the pro3ect .
Also attached is our formal acceptance of the Ordinance to
be filed in qour office , Room 386, City Hall.
Please advise if there is anything further to be done in this
matter. Thank you very much for your consideration and cooperation.
Yours ve y� truly,
' `�
D. G . Rin
Plant Man ger
DGK/ga
Attachments
r. �- � Union 76 Division: Eastern Region
- � Union Oil Company of Galifornia
Pentagon Office Park
4940 Viking Drive, Minneapalis, Minnesota 55435
Telephone (612) 835-7676
un� �bn
November 8 , 1974
To the Honorable , the City Council
St . Paul , Minnesota
Madam & Gentlemen :
We, the undersigned , do hereby accept and agree to abide by
all the terms and conditions of Council File No. 264359 , being
Ordinance No. 15726 , adopted by the Council on October 23 , 1974 .
UNION OIL COMPANY OF CALIFORNIA
� �Cl��
v�
.�
. .
lst �6 � 2nd ��/S
3rd �%p Adopted /6 rZ3
--� �--
Yeas Nays
CHI3ISTENSEN
HoZ� 264��g
� LEVIlVE
ROEDLER
SYLVESTER "
TEDESCO
PRESIDII�TT (HUNT)