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263419 WHI7E — CITY CLERK � ^�"�_ � PINK — FINANCE � COU11C11 � '� ` B;..UCr�Y=�M�YORTMENT GITY OF SAINT PAITL File NO. ,�d � • � - Ordin�cnce Ordinance N O. rsb Zo _ Presented By Referred To Committee: Date Out of Committee By Date AN ORDINANCE PERMITTING THE PORT AUTHORITY OF THE CITY OF SAIPdT PAUL TO RECONSTRUCT, OPERATE AND MAINTAIN TWO EXISTING RAILWAY TRACKS F�CROSS CHILDS ROAD IN THE CITY OF SAINT PAUL. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1 . That permission and authority are hereby granted to the Port Authority of the City of Saint Paul to reconstruct, operate and maintain two exist- ing ratlroad tracks across Childs Road the centerlines of which are described as follows: , a. Commencing at the intersection of the centerline of the Seltline sewer easement with the southwest right-of-way line of Childs Road proceeding a distance of 338.47 feet to the northwest along said right-of-way line to the point of beginning, defilecttng an angle of 36° 50' to the right thence proceeding 122 feet to the inter- section with the northeast right-of-way line of Childs Road there terminating; b. Commencing at the inter�:ection of the centerline of the Beltline sewer easement with the southwest rlght-of-way line of Childs Road ` proceeding a distance of 390.47 feet to the northwest along said .:. right-of-way line to the point of .beginning, deflecting an angle of 52° 40' to the right thence prqceeding 93 feet to the inter- �section with the northeast right-of-way of Childs Road there ter- minating; COUIVCILMEIV Requested by Department of: Yeas 1tiTays �i�f Butler Public Works Konopatzki In Favor Levine Meredith g ' � 9�E�tk� Roed 1 er Against Y Daniel J. nford, Di ector (DOL) Tedesco Mme.President $�j�(r Hun t , Form Approved by City Attorney Adopted by Council: Date Certified Passed by Council Secretary BY Ry '�v Mayor: Date Approve May ubmis ion to Council By . : � . , , �U����.1 y � '� �J��'2.0 �2) Section 2. That the Director of Public Works is he�eby authorized to issue a permit to the Port Autho�ity of the City of Saint Paul for the recon- struction, operation and maintenance of said existing tracks on Childs Road upon and subject to the following provisions, terms and conditions: a. That said permittee shall pay the cost of publication of this or- dtnance and all o�dinances and resol.utions passed in �elation to this ordinance; b. That said permittee shall pay the costs of administration, engi- neering, and inspection incurred by the Department of Public Works because of this undertaking. Said costs estimated to be a sum of $500.00 and to be accounted for under Department of Public Works Project Number E-1186; c. That said permittee or i�successor in interest expressly agrees and undertakes to futly indemnify and hold harmless the City of Saint Paul , its agents, officers and employees from any and all damages, claims, losses, judgements, suits, or expenses arising out of the reconstruction, ope�ation and maintenance of said tracks authorized by this pe�mft� d. That the successors in interest of said permittee shall furnish and " deliver unto the City of Saint Paul , a Surety Bond in the amount of $10,000.00 for said tracks, made and _executed by said successors in interest as Principal , and a Corporate Su�ety 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 successors in interest failure to maintain or repair the track crossings to a reasonable standard of safety, the City may underta ke the maintenance, repai� or removal thereof and may recover its reason- abie cost tncurred thereby from said Surety, which Surety Bond shall remain in force and effect as long as said tracks o� any part thereof �emafn in the Childs Road right-of-way. The Surety Bond shall be in such form as shall be approved by the City Attorney and shall have such Surety as shall be appt-oved by the Director of Finance and Man- agement Services; e. That said permittee shall to the satisfaction of the Director of Public•-4�iorks maintain the space lying between the rails of said tracks and for a space of at least two feet outside of each rail of each t�ack; . f. That the Council of the City of St. Paul reserves the right to order the removal of the trac ks and restoration of the area by the permittee or its successors in interest at the sote cost and expense of the permittee or its successors in interest. WHI7E - CITY CLERK ��3�1.9 � PINK - FINANCE COUIICll CANA�Y ,-�D€PARTMENT GITY OF SAINT PALTL B�I,�U� �- MT�VOR , File N0. • y� • L ' O/ in�nce Ordinance N 0. �Sv Zb _ Presented By Referred To Committee: Date Out of Committee By Date �3) Section 3• Said permittee shali , within thirty days after the passage of this ordinance, ftle with the City Clerk its written acceptance thereof, otherwise this ordinance, will have no force or effect. Section 4. This ordinance shall take effect and be in force thirty days from and after its passage, approval and publication, subject to the condition co�tained im Section 3 of this ordinance. � COUNCILMEN Requested by Department of: Yeas Nays � � Public Works In Favor �� Meredith • � Against BY � - �cttRoedler Daniel J. Du f rd - Direc or (DOL) Tedesco Mme.President ��Hunt MAY 1 0 197� Adopted by Council: Date Form Approved by City Attorney Certified e b oun il Secretary � BY < Y Approve by Mayor: Date Approved May on t uncil By By PUBUSHED M 18 4 i , � ;. , . , •• , , � 'I �-. ,I` �� ' �,�� , , �� � � - • • . ' � � � .- �� � , . . � . �� ... . . r '�.� � , 4 . . � � . . �I i . .' . .. . . . . " � � � � .. ��i ' . . i ' . , . . , .. . . , � . � . � G . . . . �. . � . , � ', . ' . . - -- , . . . . / . � ' � .. /�-3 � � I� . . ' � � .. � ! � . . � . � i , .� .. . . . .. . ' . • - � I-� .. . . .. . � ' • . , �i� ' 1 � t , � _ .� " I - , �, . �f;. ' � i • � . . : • , -' 4 � : 1a , . j r . � ;; i � �� . j : - , k�� - , . � � 'Ma�r 20, 1974 � _ . , . ;, - , . . I �� . � . . I . . . . . • . -- - ., . . . . . I •' Y . . +. . . � . . . . . . � . . . ' . � . _ rt IWthorit� af tl�e Ci:�r of 3t. Pa�$ � , . . � ' ` 3. 0 Mia�atw�ta Build�ng : � . •, S at Paul� Minnasota 55i0I . , , . , ntlemen: `. ' , '� � . � . �. ,'. � �cloas 'a �opT, ot Os+diost�ca l�o. I3l3Y4, �md Resolu�tl�on C.F. :�6343�, %� , aating ycu p�r+d.��rio� to s�►etonsti�'t, npsra�e sAd, s�latsin tvo �ad�t- �� � rsilxa� Cract� a�so�s �htlds �Qs+d�-in ,t'!�Cl�t� cc�.tt Saint Pa�; �}.so �.' ` � � 11 in thu an� of �51.84� to ca�nns� ItMs'rost af p�i�atsian Qf th� • . . o�dinaa�a �nd z�solutiea. , . ` � ' � ca�l,yowc �a�i�]. aCtent�.� to Psr.agra�`d) ot �e�ti+c��2,� ahieh s�i�. - q�itrs� �the 'f i�iing c�f a bond ia tha�+a�nt specitied e� also �e�+��n 3�, . ` 4� ' ich r�qairas •tla filing af aa �ce�eptmca o� th� tds1me o# 't�t' ��+�lts- , �. Th�t aca�ptaaas �st b� filsd in thia oflic�, � �.• .�.�! �1�� ;'' N-� , , a 3Q.day�. It,not so filed, tt�s ordinanas bec�� vaid. � ,. , : . � ; Youra`v�xy trul�� I - . � , ; r . � , � �: Cit� Clerk . . � ''. ; . , �. ; , . , ' E c. ` � , � . � • � . . . _ ;: ' I ' , . • j . • ' . � ' . ; . i , � j � , � . ' , I . • . t `;,,, . . � ' � , . � . . _ . ' � .� � , . . G. ' "... . . .. � . . . . ' . � ,i . .. . . , . . . - . � . . . . , . . ' , . . ; . . . . . -. r . � . � - � . , . , . . . � . .. � . � � . . - � . � . - . . I - � � . � � � . � � � � , . , ' . t . - � . � ' i ... , � ��tr o0 � « � ', `a6 �'y �63�1'9 0 •� - a'► � e m � n ..� CITY OF SAINT PAUL Capita) of Min�esota DEPARTMENT OF PUBLIC WORKS 234 City Hall dc Court House 55102 Daniel J. Dunford, P.E. Director Apr i 1 15, 197�+ The Honorable Lawrence D. Cohen Mayor of the City of St. Paul Room 347 City Hall BUILDIP�G Re: Ordinance-permit for the reconstruction of existing railroad tracks on Childs Road. Dear Mayor Cohen : Attached is a proposed ordinance granting permission to the Port Authority to reconstruct , operate and maintain railroad tracks on Childs Road. The existing tracks were present when the Childs Road right-of-way was dedicated to the City, however no permits or agreements were entered into at that time to permit their continued presence on pubtic property. The attached ordinance rectifies this situation as well as permitting the reconstruction. Also attached is a proposed Resolution, permitting construction prior to the final adoption and approval of the ordinance, provided that all the requirements of the ordinance have been met. Your very truly, � � � Daniel J. D ford . Director of Public Works WAH/MJE/dkt Approved: �� , �_ Frank D. Marzitelli City Administrator , � _ ,� `� � � � � � 3 ,� 1 � � . � ; ' CITY OF SAINT PAUL OFFICE OF THE CITY ATTORNEY Ma.y 29, 1974 � R. SCOTT DAVfES Mr. Robert Sprafka. Executive Vice President Saint Paul Port Authority 330 Minnesota Building Saint Paul, Minnesota SS101 Re: Ordinance Permitting Port Author ity to Reconstruct Existing Railway Tracks Across Childs Road Dear Mr. Sprafka.: Attached hereto is Ordinance C. F. 263419 and Council Resolution 263433 pertaining to a permit granted by the City of Saint Paul to the Saint Paul Port Authority to allow reconstruction, operation and maintenance of two existing railway tracks across Childs Road in �the City of Saint Paul. Council File 263419 was passed by the Council on Ma.y 10, 1974 and was approved by the Ma.yor on Ma.y 13, 1974 and published on May 18, 1974. Section 3 of this ordinance requires the Port Authority to file its written acceptance within thirty days of May 10, 1974 with the City Clerk, otherwise the ordinance will have no force and effect. The terms of this ordi- nance appear to be self-explanatory and, therefore, I . would request that the Port Authority staff review the terms so as to determine whether or not the Port Authority is willing to accept the terms. I would assume that the terms of this ordinance were already go�r�.e over between the Department of Public Works and the Saint Paul Port Authority and are, therefore, acceptable to the Port Authority. City Hall, Saint Paul, Minnesota 55102 612 298-5121 � � p . ► Robert Sprafl�a Page Two Ma.y 29, 19 74 Roscoe Brown asked for an interpretation of Section 2, Paragraph (d) pertaining to a surety bond in the amount of $10,000.00. This provision of Section 2, Paragraph (d) does not apply while the Port Authority is the permiztee, but only applies if a successor in interest to the Port Authority reconstructs, operates and ma.intains the tracks on Childs Road. Council File 263433 is merely a resolution evidencing authorization by the Saint Paul City Council to the Port Authority to allow reconstruction of the crossings pending the final approval of the ordinance. If--the terms of Council File 263419 are acceptable to the Saint Paul Port Authority, the Port Authority shall file with the City Clerk its written acceptance of this ordinance with an agreement to abide by all of its terms and conditions. Upon receiving the bill from the Public Works Department pursuant to Section 2, Paragraph (b) , this bill should be paid to the City of Saint Paul. Furthermore, upon receipt of the costs of publication of the ordinance and the resolutions passed in relation to the ordinance from the City Clerk, these costs should be paid to the City of Saint Paul aXso. If you have any questions with regard to this matter, � please feel free to contact me at any time. Yours truly, . � ' ..�— �t PIERRE N. REGNIE � Deputy City Attorney Legal Counsel Saint Paul Port Authority PNR:jr Enc. cc: Daniel J. Dunford, Director Department of Public Works Rose Mix City Clerk Roscoe Brown . � � � �`° 3 `� � `� Saint Paul, Minnesota riay 20, 1974 To the Honorable, the City Council Saint Paul, Minnesota Ladies & Gentlemen: We, the undersigned, do hereby accept and agree to abide by all the terms and conditions of Council File No. 263419, being Ordinance No. 15620, adopted by the Council on May 10, 1974. PORT AUTHORITY OF THE CITY OF SAINT PAUL ! �__,_�. .. ._. � -,� _ ....-) �_ � .sy,. �� k � i . . . � . � .- �--b3�1 CITY OF � SAINT PAUL � ��_= o. 0� ° � �i Rose Mi: � ` - -�i Albert Q. Oise� o ,.»:..... City Clerk and � :N.'�' b Council Recorder � � Council Secretary .P� �� �.. , OFFICE OF THE CITY CLERK BUREAU OF RECORDS S88 City Hall St.Paul,Minnesota 5510t Phon.e x98-4�s1 ' ��_�_ _- ---- _..._____.__—_��`'�,. al�UL i i7'a.►.i r... � . ... i t �..i . t � .+ Maq 20, 197�-� F" !."<G t;:� . .. ..�i3N � � n.•,, • '�+�I _. ��lAY _ � ,��4 � c- � — Port Authority of the City of St. Pau� ;_ � .� � ,, ; u��'TS. 330 Minnesota Building I �. ' - ,.i _��r_ Saint Paul, Minnesota 55101 ; ►; ;; y ? r-�_ ,�. . L r, � � �--.....� Gentlemen: . _ We enclose a copy of Ordinance No. 15620, and Resolution C.F. 263433, granting you permission to reconstruct, operate and maintain two exist- ing railway tracks across Childs Road in the City of Saint Paul; also bill in the sum of $51.84 to cover the cost of publication of the ordinance and resolution. We call your special attention to Paragraph d) of.Section 2, which re- quires the filing of a bond in the amount specified and also Section 3, which requires the filing of an acceptance of the terms of the ordin- ance. The acceptance must be filed in this office, Room 386, City Hall, within 30 days. If not so filed, the ordinance becomes void. Y rs very truly, • � City Clerk � mjf Enc. �� a � . C ITY OF SAI NT PAUL OFfICE OF THE CITY ATTORNEY � --��-��CC�T7�"'�V� May 29, 1974 ;_�,,.;:�t :,;:i .�..►�� 1 i L�;-� �: � �. r � �,� ,�,� ,. „_,,. f;",' If�.�i i:J�TiON ; L1'.h . . ("�GD t��4 �,-; � G�AY � � �-? �-,; � _ f,_!_ O`PTS. Mr. Robert Sprafka �`v`;� _— Executive Vice President � (;�B �_.._ Saint Paul Port Authority Ghf� - 330 Minnesota Building Saint Paul, Minnesota 55101 - Re: Ordinance Permitting Port Author ity to Reconstruct Existing Ra.ilway Tracks Across Childs Road Dear Mr. Sprafka: Attached hereto is Ordinance C. F. 263419 and Council Resolution 263433 pertaining to a permit granted by the City of Saint Paul to the Saint Paul Port Authority to allow reconstruction, operation and ma.intenance of two existing railway tracks across Childs Road in the City of Saint Paul. Council File 263419 was passed by the Council on May 10, 1974 and was approved by the Mayor on May 13, 1974 and published on Ma.y 18, 1974. Section 3 of this ordinance requires the Port Authority to file its written acceptance within thirty days of May 10, 1974 with the City Clerk, otherwise the ordinance will have no force and effect. The terms of this ordi- nance appear to be self-explanatory and, therefore, I would request that the Port Authority staff review the terms so as to determine whether or not the Port Authority is willing to accept the terms. I ,would assume that the terms of this ordinance were already gone over between the Department of Public Works and the Saint Paul Port Authority and are, therefore, acceptable to the Port Authority. City Hall, Saint Paul, Minnesota 55102 612 298-5121 �. s . Robert Sprafka � � Page 'I�ao Ma.y 29, 19 74 _ Roscoe Brown asked for an interpretation of Section 2, Paragraph (d) pertaining to a surety bond in the amount of 10,000.00. This provision of Section 2, Paragraph �(d) does not apply while the Port Authority is the permittee, but only applies if a successor in interest to the Port Authority reconstructs, operates and ma.intains the tracks on Childs Road. Council File 263433 is merely a resolution evidencing authorization by the Saint Paul City Council to the Port Authority to allow reconstruction of the crossings pending the final approval of the ordinance. If�-the terms of Council File 263419 are acceptable to the Saint Paul Port Authority, the Port Authority shall file with the City Clerk its written acceptance of this ordinance with an agreement to abide by all of its terms and conditions. Upon receiving the bill from the Public Works Department pursuant to Section 2, Paragraph (b), this bill should be paid to the City of Saint Paul. Furthermore, upon receipt of the costs of publication of the ordinance and the resolutions passed in relation to the ordinance from the City Clerk, these costs should be paid to the City of Saint Paul also. If you have any questions with regard to this ma.tter, please feel free to contact me at any time. Yours truly,� � 1 .��--� PIERRE N. REGNIE Deputy City Attorney Legal Counsel Saint Paul Port Authority PNR:jr Enc. cc: Daniel J. Dunford, Director Department of Public Works Rose Mix City Clerk Roscoe Brown . ' ��� � � � PORT AUTHOii1TY OF TNE CITY OF SAINT PAYL 330 MINNESOTA BUILDING, 4TH AND CEDAR, SAINT PAUL, MINN. 55101, PHONE (612) 224•5686 June 10, 1974 Office of the City Clerk 386 City Hall St. Paul, Minnesota 55102 Attn: Rose Mix Re: Ordinance - Track Construction Barge Terminal No. 1 Gentlemen: (Child's Road Crossing) In response to your letter of May 20, 1974, we are enclosing the Port Authority Check No. 434, in the amount of $51.84, for Publication of Council File No. 263419, Ordinance No. 15620. Also is attached the letter agreement signed by Mr. Sprafka pertaining to C.F. 263419 and Ordinance No. 15620. We are including a copy of a letter to the Port Authority by Pierre N. Regnier, Deputy City Attorney, clarifying the question of the $10,000 bond. Very truly yours, � � � Clifford E. Ramsted, P.E. Chief Engineer CEL/ch Enc. l. Check No. 434 2. Letter to City Council 3. Letter from City Clerk 4. 2-Page Letter to Mr. Sprafka ROBERT F. SPRAFKA EUGENE A. KRAUT, C.I.D. DONAID G, DUNSHEE� C.I.D. CLIFFORD E. RAMSTED ROSCOE C. BROWN EXECUTIVE VICE PRE6IDENT ASSISTANT EXECUTIVE VIGE PRESIOENT DIRECTOR, INCUSTIt1AL OEVELOPMENi CHIEF ENGINEER CHIEF ACCOVNTANT COMMISS�IONERS JOHN L. SEGL DEAN MEREDITH LOUIS H. MEVERS RICNNRD E. ARETZ �OHN F. N115M VICTOR J. TEOESCO GEOqGE W. WINTER PRESI�ENT VICE PRESIOENT SECRETARY TREASURER LEGISLATIVE ADVISOR RAY W. FARICY� STATE REPRESENTATIVE 2 C.I.D. Certified Industrial Developer . . _ � �s��1s DEPARTMENT OF PUBLIC WORKS CITY OF ST. PAUL, MINNESOTA MEMO ROUTING SLIP Jerome;�l. Se 1 j INITIALS CIRCULATE Rss i,,s�E�nt C t Attorney Rodn 6 ity Hall DATE FILE Frank D. Marzitelli INFOR- MATION City Adm�nistrator E ND Room 365 City Hall RETURN Lawrence D. Cohen PER CON- Mayor VER ATION Room 347 City Hall • SEE M FOR SIG- NATURE REMARKS: FROM: DATE Daniel J. Dunford, Oirector � / � PHONE 4241 FORM 1009 (4-70)