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264224 WHI7E �- CITY CLERK PINK - FINAPFCE GITY OF SAINT PALTL Council 264224 � CANARY"- DEPARTMENT BLUE - MAYOR File NO. _ rdi �nce Ordinance N�.� Presented By J Referred To Committee: Date Out of Committee By Date AN ORDINANCE PERMITTING THE PORT AUTHORITY OF THE CITY OF SAINT PAUL TO RECONSTRUCT, OPERATE AND MAINTAIN SEVEN EXISTING RAIIWAY TRACKS ACROSS THE BELTLINE SEWER EASEMENT NEAR 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 seven existing railroad tracks across the �e1tllne sewer easement from a point on the centerline of said easement 161 feet southwest of the intersection of said center- line with the southwest right-of-way line of Childs Road to a point a distance of 234 feet along said centerline in a southwest direction. Sectton 2. That the Director of Public Works is hereby authorized to issue a permit to the Port Authortty of the City of Saint Paul for the reconstructton, operation and maintenance of said existing tracks on the Beltline sewer easement upon and subject to the following provisions, terms and conditions: a. That said permittee shall pay the cost of publication of tF�is ordinance and all ordinances and resolutions passed in relation to this ordinance; ,» b. That said permittee shall pay the costs of administration, enginecring, and inspection incurred by the Department of Public Works because of this undertaking. Said costs estimated to be a sum of $300.00 and to be accounted for under Department of Public Works ProJect Number E-1191 ; c COU(VCILMEN Yeas Nays Requested by Department of: �rr�- Chr i s tensen Pub 1 i c Wo rks -Ks�,epatak� Nozza In Favor Levine �4exed�xlz- Roedler Against BY ��- Sylvester Daniel J. D ford, Dire or ku.J�(MJE) Tedesco Mme.President�ut�_ Hul7t � �� Form Approv by �ity Afttbrney Adopted by Council: Date \ Certified Passed by Council Secretary BY By Approved by Mayor: Date Approved M • Submission to ncil By BY , � � �64224 �i -2- �rd �v ��7� � c. That said permittee or 1ts successors in interest expressly agrees and undertakes to fully 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, operation and maintenance of said tracks authorized by this permit; 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 Surety Company duly authorized to transact business in the State of Min�esota as Surety, to and in fiavor 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 undertake the maintenance, �epair or removal thereof and may recover its reason- able cost incurred thereby from said Snrety, which Surety Bopd shall remain in force and effect as long as said tracks or any part thereof remain in the Childs Road right-of-way. The Surety Bond shall be in such form as shali be approved by the City Attorney and shall have such Surety as shall be approved by the Director of Finance and Management Services; e. That said permittee shall to the satisfaction of the Director of Public Works 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 track; f. That the Council of the City of St. Paul reserves the right to order the removal of the tracks and restoration of the area by the permittee or its successors in inte�est at the sole cost and expense of the permittee or its successors in interest. g. That said permittee or its successors in interest shall pay all expenses incurred by the City as a result of any future sewer damage caused by the presence of said rail- road tracks. WH17E ,- CITY CLERK �64224 PINK - FINAMCE GITY OF SAINT PALTL Council CANARW- DEPARTMENT BLUE - MAY,OR File NO. � ' • Ordinccnce Ordinance N0. ��7�1 _ Presented By Referred To Committee: Date Out of Committee By Date -3- Section 3. Said permittee shall , within thirty (30) days after the passage of this ordinance, file 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 (30) days from and after its passage, approval and publication, subject to the condition contained in Section 3 of this ordinance. COUIVCILMEN Requested by Department of: Yeas Nays '�� Christensen �j Public Works ��" Hozza In Favor Levine — °�n Roedler 6 Against BY � gp�ster Daniel J. Dunfo , Birector /�GIJ � (MJE)� Tedesco �/p Mme.President Butler Hun t Adopted by Council: Date ��,T 1 1974 Form Approved b�City�ttorn � � Certified Passe �y Coun il Secretary BY '� �Y L" � / ' J �r Approved Mayor: ate Approved by Mayor for Submission to Council BLISHED C 51914 r►. . .. . ,�'j�/��a�� ,/.�'�P'3 , OEPARTMENT OF PUBLIC WORKS CITY OF ST. PAUL, MiNNESOTA MEMO ROUTING SLIP Jerome J. Sefal � INITIALS CIRCULATE As�"s i s tan� C i ty A-�torney DATE F i lE Room 6Kj C i ty Ha 11 ,' � INFOR- Frank D. Marzitelli �� MATIO City Administrator NOTE AND Room 365 Ctty Hall � � � �� RETURN Lawrence D. Cohen PER CON- VERSATION Mayor SEE ME Room 347 City Hall � FOR SIG- NAT,�1 r REMARKS: ' � � C � � � � � � �— 1 , ` �'; � ' _ S E p 41974 ,,� /\�,, �� , ., � . ,°� ''-., �-. c �, CQF��?OfZJ�TION �OIJ _ �t"� � � ° .�� NSEL _ �� .F� . _ �. , �. V� I i �� G. � � V ,.,' �r �� .` �,/�l`1.. . � `��.;ti, / ': . . FROM: DATE Daniel J. Dunford� Director � � PHONE 4241 FoRM 1009 (4-70) , ' � .� , . • ~a`��tr a�s' ��'_'•,: • e ~ � - �� i 0 o A � • CITY OF SAINT PAUL Capital of Minnesota DEPARTMENT OF PUBLIC WORKS 2sa c��y ��i � co�,rt Ha,� ss i o2 Daniel J. Dunford, P. E. D i rector August 30, 1974 The Honorable Lawrence D. Cohen Mayor of the City of St. Paul Room 347 City Hail BUILDING Re: Ordinance-permit for railroad tracks ove r the Belt Line Sewer Easement. Dear Mayor Cohen: Attached is a proposed ordinance, which, if adopted, would permit the Port Authority of the City of St. Paul to reconstruct, operate and main- tain certain railroad tracks over the Be1t Line Sewer easement in the vicinity of Childs Rd. These tracks have been in this area for almost fifty years without a permit. The attached proposed ordinance wili correct this situation. If this ordinance is acceptable to you, please approve it for submission to Council . You rs ve ry t ru t y, r Daniel J. Du ford Director of Public Wo rks TJE/MJE/bj h Attachment October 8, 19'j�+ Sai.nt Paul Port Authority 330 Minnesota Bldg. Saint Paul, Minnesota Gentlemen; We enclose a copy of Ordinance No. 15711, C.F. No. 264224, granting yau permisaion to reconstruct, operate and maintain seven existing railway track$ across the beltline sewer easement near Childs Rd. ; elso a bill in the sum of $40.50 to cover the ' cost of publication oP this ordinance. We call your special attention to Section 3 which requires the � Pi2ing of .an acceptance of the terms wfth� 3o .aa�rs from the passage of the ordinance in the City Clerk's office� Room 386� City Hall. If not ao filed, th� ordinance becomes void. Youx�s very truly, City Clerk �� Enca. • .�uEn�w.� w , ,, . , � . ,< Finance Gaahiq�t' _ ` A '` `r �'6 � � � �;�, �:_ . -,.. +�. � • i, � CITY OF �AI�.��{y, '.,~ 'I . � • REGtSTE{}�D'�L�.Iz� � '' , �t ��1' , . , .�' �.: ' , c•a ►�� at , . , � } o�rt� � �- =---r--r�-- � �;,� � f, „�,. �. REGIST��ED BIT.L� � ` " .: ":. :� . { � �� . ' � � �� ar � ac�c �r �c � y � .�z r 1� �,�� ,.� �� f� Tp � ��i0'�t ��3.d3�g , , ��. ,, r3, E ��i ��f ��'� r�� r �Y Y� � ' - +;'�"� ��.,.` �,` : �,� , , , � `r " f � `}', r + j '�� ' o.�,,* �' .;�� k '`• � d y,„- �,��> . . .>�� i ��r . � � � � ..,•.t�'� MAKE ALL CFlfCKS PA`YABLE TO THE C1YY ¢F,SA►NT, ��* �� $ ' h �` -�f PAUL RETURN THE YELLOW COPY AND CHECK T0 Activity Title � �r��i,`, �� THE DEPARTMEMT OF FINANCE AND MANA'(a`�IY�ENT �� ''a�lt��' '"' ''T T%+ + ��+ SERVICES — FINANCE CASHIER, 1i3 CITY HALL, y�T. }'� ' `��''x ' r' �� . ,.t' �F -'�� :�.:�s� PAUL, MINN. 55102 ' M,�r: fi 5,',_ . " k"��; �� VvY��iiii Tii� � ' . °' s �� i�f �'� �Q• �'��,� , ' . . . . . µ ., 4 �. R�I�D OCZObEi' gt 19�2 ,t/ ,, �, f , , . - , �� irai�. • , ,1�► �., . � � � # �r' � � .� . . , . . s . . a � x ,�, � � �y, ��: . . .. . ., ,., ° yyy rp . . . , . . ' .. .. � . . � � ,i,yY .�y t . ' . . , . . , . . . . . . . . �. , . 4!..,4gi � . . . - .. .. � � '.�� . . _ , . . . 4�^ . � . . :;��' ` � � �� - . . . . � � � - . . �� 9` i 9�s� � . � � C�e�,-�—irz�..F� � . ,<, i� �: 'r.. ''.^y; , • ,`�' . � � � � t ,� r , � � . , :: .;, ^;. ; PAY THtS AMO�/NT . . . � . * . . ... . � . � : ' .� . �w�� . { n. ; REGISTERED AND APPROVED � , CEttZiffEp CORRECT — ISSUINfi OBiMIRTMENT � ; x. •, , :' } .:, w� 1 ,;. � . .. . .., ' ..' . . ' a.a . . _ ROBERT W.7RUA£AU r�,: �(��.' : � � . . . � . � . . �� . F . . � . Director ��.. , N:;e �. , : k,�,: �i^ : t�epf. o in:nc & i��.*nf. �enr. � _ ,�,. :z ' '��/��...._...-.�,.._... �. r .� ��b° ,� . . .� ' ...�ti».. �!�p'�' �..�.�.. r;�, �. � , , . , _ , �. , �r�$' Saint Paul, Minnesota October 8, 1974 To the Honorable, the City Council Saint Paul, Minnesota Gentlemen and Madam: We, the undersigned, do hereby aecept and agree to abide by a11 the terms and conditions of Council File 26�+224� being Ordinaace Ao. 15711, adopted by the City Cc�uncil on October l, 1974. Pf>RT AUTHORITY OF TI� CITY OF SAINT PAUL , � .�. 4 � � �1�a�ERT F. SP FKA PORT AUTHORITY OF THE C TY OF ST. PAUL