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263412 WHITE -�CITY CLERK 263412 PINK -;"FINANCE GITY OF SAINT PAZTL Council CANARY -DEPARYMENT BLLE -MAYOF� . File NO. � � rc�in�nce Ordinance N�. I��' 1 . - - Presented' By _ Referred To Committee: Date Out of Committee By Date AN ORDINANCE MAKING PROVISION THEREFOR AND GRANTING UNTO THE HOUSING AND REDEVELOPMENT AUTHORITY OF TNE CITY OF SAINT PAUL, MINNESOTA, A MINNESOTA CORPORATION, AND (TS SUCCESSORS OR ASSIGNS, PERMISSION TO CONSTRUCT, MAINTAIN AND OPERATE AN OVERHEAD PEDESTRIAN PASSAGEWAY ACROSS FIFTH STREET BETWEEN THE INTERSECTION THEREWITH OF MINNEOSTA STREET AND ROBERT STREET, PUBLIC STREETS WITHIN THE CORPORATE LIMITS OF THE CITY OF SAINT PAUL. SAID OVERHEAD PEDESTRIAN PASSAGEWAY TO BE EXTENDED FROM THE TRANSAMERICA BUILDING ON THE NORTH SIDE OF FIFTH STREET TO THE FIRST NATIONAL BANK BUILDING ON THE SOUTH SIDE OF FIFTH STREET. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN : � Sect i on 1. That permission and authority hereby are granted to the Housing and , Redevelopment Authority of the City of Satnt Paui , Minnesots, a Mi�nesota corporation and/or i ts successors in �interest to construct, aNrintain and operate an overhead pedestrian passageway across Fifth Street between the intersection therewith of Minnesota Street and Robert Street, pubiic streets within the cox�porate limits of the City of Saint Paul. Said overhead pedes- trian passageway to be extended from the Transamerica Building on the north side of Fifth Street to the First National Bank Building on the south side of Fifth Street. Section 2. That the Di rector of Pub�i c Works i s hereby authori zed to i ssue neces- sary permits to said permittee, the�Housing and Redevelopment Authority of the City of Saint Paui , Minnesota, �or �the construction, maintenance, and ope ration of said overhead pedestrian passageway a�cording to the plans and specifications approved by and on file with the Department of Public Works dh COUNCILMEN Requested by Departa�ent of: Yeas Nays �aa�Butler Public Works Konopatzki In Favor Levine Meredith Against BY x�t�Roedler Daniel J. Dunford, Di rector (MJE) Tedesco Mme.President �y�� Hunt Fotm Approved by C' Att rne ' Adopted by Council: Date Certified Passed by Council Secretary BY By Approved by Mayor: Da�te Approved by Mayor for Submission to Council By By ' � � 263412 .� . � .. -z- . �•iJo� 151d� by and at the separate cost and expense of said permittee, upon said per- mittee's compliance with the following conditions: a. That said permittee and/or its successors in interest shall , at its 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 overhead pedestrian passageway hereunder; b. That said permittee shall pay the costs for the publication of this ordinance and resolution. c. That said permittee shall pay the costs of administration, engineer- ing, and inspection incurred by the Department of Public Works because of this undertaking, said costs are estimated as a sum of Six Hundred Dollars ($600.00) and shall be accounted for under Department of Public Works ProJ- ect No. E-1178; d. That said permittee shali furnish the Department of Public Works all documents of record that are a part of the contract or incidental to its execution including, but not timited to, addendums, award of contract, sum of contract, "as built" plans, tracings and tracings of shop plans; e. That said permittee and/or its successors in interest shall con- struct said ove�head pedestrian passageway entirely at its own expense and to the satisfaction of the Di�ector of Public Works and in accordance with the approved plans and specifications marked Contract No. 73-270 of the Housing and Redevelopment Authority of the City of Saint Paul , Minnesota, said plans on file in the Department of Public Works. Such construction shall be made in strict compliance with the American Association of State Highway Officials (A.A.S.H.O.) Specifications as amended and the Uniform Building Code and be authorized under a building permit issued by the Department of Community Services, Division of Housing and Building Code Enforcement; f. That said permittee and/or its successors in interest shall fuity indemnify, hold harmless, and defend the City of Saint Paul , its agents, officers aAd employees from any and all damages, claims, losses, ,judgme�tts, suits or expenses and on account of all claims of whatever nature for inJury to person(s) and/or property arising out of or connected with the construc- tion, erection, maintenance, ope�ation and/or rernoval of said overhead pedestrian passageway hereunder; and that supplemental to all otf�er obli- gations, on their part, jointly and/or severatly, hereu�der, said permittee and/or its successors in interest shall furnish and maintain and pay ail premiums and other expenses therefor, Casualty Insurance Coverage, with a duly licenses Casualty Insurance Company to the extent of $500,000.00 for inJury to any person and/or persons in any single incident, and to the extent of $200,000.00 for damage to property in any single accident, in- demnifying the City of Saint Paul against liability on account of all claims of third persons for injury to person(s) and/or property arising from or connected with the construction, erection, maintenance, operation ' and/or removal of said structures hereunder, at all times, and to furnish competent evidence of said coverage, from time to time, to the Director of Finance and Management Services of the C�ty of Saint Paul ; � � � � ' ���4 - . _3_ �2 � a'�• �• �st�i9 g. That said permittee shall not proceed with construction unless and until said permittee shall have fully complied with the provisions re- garding lnsurance and i�demnification contained in the City of Saint Paul , Department of Public Works Specifications for Street and Sewer Construction, dated April 1 , 1959, Section numbered 1 .44 of said Specifications, as amended, applicable to contractors. For the purpose of this Ordinance, the aforesaid Section of said Specifications, number 1 .44, as amended, shall be read as though the word "pe�mittee" was substituted for the word "contractor," whe�- ever the same appears in the aforesaid Section 1 .44, as amended, of the Specifications for St�eet and Sewer Construction in the City of Saint Paul is hereby incorporated herein by reference as fuily and as completely as if set forth herein verbatim. Proof of compliance with provisions of the aforesaid Section shall be in such form as the City Attorney of the City "of Saint Paul may direct; h. That said permittee and/or its successors in interest, shall among other things, at their own cost and expense, make adequate and ef- fective provisions therefor and drain all moisture, rain and snow which shall accumulate thereon by proper devices through said overhead pedestrian passageway and in a manner so that the flowing and/or spilling of same on any part of said section of said Fifth Street shall be prevented at all times. Said permittee and/or its successors in interest shall maintain and operate said pedestrian bridge at its sole cost and expense in a safe ' condition for pedestrian travel , such maintenance shall include, but shall __ not be limite�-�ar; window, floor and metal trim cleaning, polishing; and replacement; roof maintenance; repainting; "iight bulb replacement and ligfi� -" "° fixture cleaning; and the supply of heated and cooled air within each bridge to maintain temperature comparable to that normally maintained within heated and air-conditioned rental office spaces; i . That said permittee and/o� its successors in interest shall , at all times, construct and maintain all of the supports of said overhead pede5trian passageway entirely within the lines of the subject private real estate and entirely without public street rights-of-way; j. That said permittee shall notify the Traffic Bureau of the Depart- ment of Public I�orks if the construction or maintenance of said overhead pedestrian passageway shall make necessary the closing of Fifth Street or any part thereof; atl expenses incurred by the Traffic Bureau in furnishing, installing, or removing barricades, signs, and other control devices shall be paid by the permittee; k. That said permittee and/or its successors in interest shall not use any part of said overhead pedestrian passageway for any advertisement or display purposes, and the application thereto of any advertising material or display shall be deemed prohibited by this Ordinance; 1 . That said permittee and/or its successors in interest shall , as aforesaid, at all pertinent times, in the construction, maintenance, and operation of said overhead pedestrian passageway hereunder, provide respec- tively a vertical clearance of at least 16'0" between and throughout the course of the bottom of said st�ucture and the surface of said section of said Fifth Street, except as altered by the City's future street work; m. That said permittee expressly agrees to comply with Chapter 216 of the Saint Pau1 Legislative Code, as amended, pertain�:ng to street obstruc- tions; . . � . �'6 . -. � -4- `��1� ' �� �� 15��� n. That said permittee and/or its successors in lnterest shall com- plete the construction and erection of said overhead pedestrian passageway hereunder and in accordance with the requirements hereof by not later than one (1) year after commencement of construction. Said commencement shall be evidenced by Public Works' receipt of a written notification thereof, and shall be dated therein, as further provided for under Paragraph (o) below; o. That said permittee shall notify the Bridge Engineer of the Depart- ment of Public Works before and when construction starts and notify the same said Bridge Engineer when construction has been completed to allow for a final inspection; p. That said overhead pedestrian passageway 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; q. That said permittee shatl , within the period of 20 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 provi- sions, terms and conditions thereof without limitation which written in- strument of acceptance and agreement shall be in the form approved by the City Attorney; r. That upon the execution of an Agreement by and between the City of Saint Paul , the Housing and Redevelopment Authority of the City of Sa1nt Paul , Minnesota, the American National Bank, the Transamerica Insurance Group and the First National Bank of Saint Paul , respecting the aforesaid pedestrian passageway over Fifth Street, the permittee, the Housing and Redevelopment Authority of the City of Saint Paul , Minnesota, shall be relieved of any further obligation under the terms of this Ordinance, and the successors in interest of the permittee, the American Nationai Bank, the Transamerica Insurance Group and the First National Bank of Saint Paul , shall be responsible for paying the premiums the insurance of said overhead pedestrian passageway and shall also be responsible for providing the maintenance and operation of said overhead pedestrian passagewa�r; s. That said permittee 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 structural repairs or maJor maintenance work on the bridges, before any such work may be carried out. Upon com- pletion of such structural repairs approved by the Department of Public Works, permanent reproducible tracings shall be furnished the Department, showing the work done and marked with any "as built" changes, as well as reproducible shop drawing tracings of the same; t. That said permittee shall submit the necessary insurance documents 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 suffi- cient, said documents shall be filed with the Director of Finance and Man- agement Services of the City of Saint Paul ; WN17E CITY CLERK ^�,ry��^ PINK ��.FINAN�E COUI1C11 •r -1 •� CANpRY- DEPARTMENT � GITY OF SAINT PALTL nr V � � BIlUE � -MAVOR „ Flle NO. ,~ . I � f � I ` , � OY��ZIZG�IZCP. Ordinance NO. l�tAl� Presented By � Referred To Committee: Date Out of Committee By Date -5- Section 3. That this Ordinance shalt take effect and be in force thirty (30) days from and after its passage, approvai and publication. , COUNCILMEN Yeas Nays Requested by Department of: �f�t Butler � Publ ic Works Konopatzki In Favor .i.�� _ Meredith _� Against BY ` �X�f� Rcedler aniel J. for , Dire tor MJE) dkt `���"' "�Gime.President flC�4X8�r Hu11 t Form Approved by Cit Att rney Adopted by Council: Date MAY 8 �q�4 Certified P Council Secrekary BY v Approv by Mayor: Date �g�4 Approved ayor fo i n to C i ` �- By BY PU�USHED MAY 11 1974 � � � � �� 3� I� ; , . { , a. . . �� , . . � . .. . . . . . . . : ..:. . . • , . _ . � � , . ' . . . � . . .. ' . . . . . ' , . , �5.:�. . . . . , � . . � . . � . . , .�,i� . � � ' . � � � � . . . . ' r: � . � . � . � ' . .. , . � . . , .. � a' . � . . ' ' � � 1 . � � ' ' �. . � . . . . . . _ . . . - . . , .� ., ' .. . � . - . { . . . . . . . .. ' � � . � . . . . . , • . . ' - i7 1 � - � . - � , , . � , , . ' � . . . . . . � , i . . �: � . , . . . . �.. • , . .. .. . � . . - - � . . � ,.I � ' �� � . . . ., � � � , � . � � � � � �. . � . � . . �� ` . . . . ` � � . � . . , . . ,. ; , Ma� i#. 1974 � \ ; � , • . . , , • , Sty P+�]. 8asring i t�dsv�lop�etn�: Authps�t7 ' � � ATrBli'tION a �I�eaal DaFartmsnt . Ttb 1�'1oos, ltorthae��ern Nat3oo�. �aoic �ld�. , • 55�Baat `til,th Stra�t �' f Saint Pa�l, �.nswota �5101 � . . � . � Dsar Siss ! . i ` i' , , - . � We �nclosa,s copy o� Ordimana� No. 1b419 and A,�solutifln, Conac3�1 . Fi1a Na. Z6,'3b13. _gsaatio� y+cw par�ssirni t�o ��oss�s�uct, a�n�in _ - aad op�iat+e an ar�srh�a� P.al�sstri� passa�ay scso�s li.�th 8tzsee ` � � b�t�sa th�� ia��rs�s�tian: ttasrw3th�of tffnnssotx �tr�a�t and �ob�irt`. ,i � •� . " 3t`ra�t; a}.sio bfll ia -ths su� e� $1Q6�,92 ta;a�nr�r' th�' c,a►st of �ubli= aatioq of �hh�e"ordi�ance an� �awlut3,�. , - � : . ` We c+�ll a►odr spsdial +n�tt�atiqn :to Fs�ntsraph� g. aod q o� #s¢tivn 2, ' � �.ab raq�r� tbat ��ara�t�ve �1 not pswa#ed t�,�,tb a�aa���os ; < ` . '� . mel.�. e.�u.� ib.�nrr' tou?�,�crpl�c.d cb �+s�o�v#,si�cas �r�as.rasns- so.uxa�� ; � � sad ix�dl�ntfi�:�tot�;. and slao th� !l7.ia; at` �m ta�c� of t.be _ . t+exw�s o��tl� cis+diaanca. ` Tbei ac,�ptiuerd��mnt b�s�.�'�ird is� �isis ott'ic�. Rodrr 3$6, �i.�T Ss1I, �J.tl�ia 2� days. I� not sa fil,ad, . , � th�r otdiao�uce ��s �id. ,. � , . F . , � Yo�ts wry tr+�l,y, � - E:�;: i , _ . , _ �-k ` , , : � � . . , . � - � .�� `i1�iR . . . � � . . � �. � . . . . .. �. � �. � � . � , _ ` �. �jt , . � � ' ' 8�a. . , .� _ , , ; � : , . . . j , � . � , . � , / ` � , , - . : : � � •; � . ` . ' , . . : � ' HOUSING AND REbEVELOPMENTAUTHORITYOF THE CITY OF SAINT PAUL, MINNESOTA : . ' - G-7 \ 10/20-60 CERTIFICATE OF SECRETARY The undersigned hereby ce rtifies as follows: 1 ) That he is the duly qualified and acting Secretary of the Housing and Redevelopment Authority of the City of Saint Paul , Minnesota, herein called the "Local Public Agency" and the keeper of the records of the Local Public Agency; 2) That the attached Resolution No. 74�5/29-9 is a true and correct copy of the Resolution as adopted on the 29th day of May , �g 74 ; 3) That the seal affixed below constitutes the official seal of the Local Public Agency and this Certificate is her�by executed under such official seal ; and 4) That the undersigned is duly authorized to execute this Ce rti- fi cate. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of said Housing and Redevelopment Authority of the City of Saint Paul , Minnesota, this 3othday of May , �g 74 , '' �, / , _ ( SEAL ) �� CR R � . � f � . � . � ' . ` . ' �: �r - J � � ` RE50LUTION N0, 74-5/29- g RESOLUTION ACCEPTING ORDINANCE NO. 15619, COUNCIL � FI'LE NO. 263412., PERMITTING COI3STRUCTION OF A • • PEDESTRIAN CONCOURSE BRTDGE, D�WNTOWN URBAN RENEWAL PROJECT, MINN. R-20 , RESOLVED by the Comanissioners of the Housing and Redevelopment . : Authority of the City of Saint Paul, Minnesota, that the terms and ` '��� conditions contained in Ordinance No. 15619, Council File No. 263412, ' � permitting construction,� main�enance and operation of a pedestrian concourse bridge over Fifth Street between Minnesota and Robert L � ' Streets in the City of Saint Paul, Minnesota, are hereby accepted � ' and approved and the Executive Director is hereby authorized on behalf of the Authority to execute an acceptance thereof and make delivery of the same to the Clerk of said City all as in said Ordinance provided for. , Saint Paul, Minnesota May 14, 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. 263412, being Ordinance No. 15619, adopted by the Council on May 8, 1974. HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF SAINT FAUL, MINNESOTA sy �I�� " � 1 ' �' lst ,���Z�, ' , �� � i ��� -� � 2nd �3 n '� • y, � ��3 . :���I �, �� � � 'I�� Adopted ��� . ��r ., _. '�, � ; Yeas >; Nays __ BUTLER KONOPATZKI 263�12 __, ��A � �m� � � P�Sm� c�>