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255464 o�tsm.i to cia ci� � �,. , � . �" � � .- v � ORDINANCE 2���� COUNCIL FILE NO PRESENTED BY —��W��T� �� ORDINANCE NO � AN ORDINANCE MAKING PROVISION THEREFOR AND GRANTING UNTO THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF SAINT PAUL, MiNNESOTA, A MINNESOTA CORPORATION, AND ITS SUCCESSORS OR ASSIGNS, PERMISSION TO CONSTRUCT, MAINTAIN, AND OPERATE AN OVERHEAD PEDESTRIAN PASSAGEWAY ACROSS SIXTH STREET BETI�JEEN THE INTERSECTION THEREWITH OF WABASHA STREET AND CEDAR STREET, PUBLIC STREETS WITH- IN THE CORPORATE LIMITS OF THE CITY OF SAINT PAUL. SAID OVERHEAD PEDESTRIAN PASSAGEWAY TO BE EXTENDED FROM THE EXISTING DAYTON HUDSON BUILDING ON THE NORTH SIDE OF SIXTH STREET TO THE SKYWAY BUILDING ON THE SOUTH SIDE OF SIXTH STREET. � THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: � " Section 1 . That permission and authorit hereb are ranted to the Y Y 9 Housing and Redevelopment Authority of the City of Saint Paul , Minnesota, a Minnesota corporation to construct, maintain, and operate an overhead pedestrian passageway across Sixth Street bet+aeen the intersection there- with of Wabasha Street and Cedar Street, public streets within the corporate limits of the City of Saint Paul . Said overhead pedestrian passageway to be extended from the existing Dayton Hudson Building on the north side of Sixth Street to the Skyway Buildiwg on the south side of Sixth Street. Section 2. That the Commissioner of Public Works is hereby authorized to issue the necessary pe�r�rtits to said permittee, the Housing and Redevelopment Authority of the City of Saint Paul , Minnesota, for the construction, maintenance, and operation accordir�g to the plans and specifications approved by and on file with the Department of Public Works by and at the separate cost and expense of said permittee, of the aforementioned overhead pedestrian passageway, upo� said permittee's compliance with the following conditions: a. That said perrnittee shall forthwith furnish and deliver unto the City of Saint Paul a Surety Bond in the amount of fifty thousand doilars ($50,000.00) , made and executed by said permittee, as Principa) and a Corporate Surety 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, conditioned upon the permittee complying with all the terms and conditions of this ordinance and to indemnify, defend, and hold harmless said City of Saint Pau) from all losses, liability, judgments, suits, costs, charges, damages or expenses that may accrue to persons or property of the City arising out of or growing out of the construction, pre- sence, maintenance, operation, or removai by said Permittee and/or its successor in interest of the aforementioned overhead pedestrian passageway and also conditioned that in the event the permittee and/or its successor in interest fails to maintain, repair or replace the bridge to a reasonable standard of safety, the City of St. Paul may undertake the maintenance, repair or reptacement thereof and may recover its reasonable cost incurred thereby frore said surety, which Surety Bond shall remain in force and effect so tong as the skyway pedest�ian bridge or any part thereof remains in that portion of Sixth Street as shown on plans on file with the Department of Public Works and which Surety Bond shalt be Yeas Councilmen Nays Passed by the Council Butler Caxlson Tn Favor • Levine Meredith Sprafka Against Tedeaco Mr. President (McCarty) Approved: Atteat: City Clerk Mayor �� �orm�pproved Corpor��ion Counsel By Or1�i�6�1�Cit7 Clert ' � � � � � � ORDINANCE ���� . . . COUNCIL FILE NO PRESENTED BY ORDINANCE NO -4- p. That upon the execution of an agreement by and between the City of Saint Paul , the Housing and Redevelopment Authority of the City of Saint Paul , Minnesota, Dayton Hudson Corporation and The Eljay Partnership, respec- ting the aforesaid pedestrian passageway over Sixth 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 Dayton Hudson Corporation and The Eljay Partnership shall be responsible for paying the premiums for the Surety Bond and the Insurance on said overhead pedestrian passageway and shall also be responsible for providing the maintenance and operation of said overhead pedestrian passageway. SECTION 3. That this ordinance shail take effect and be in force thirty (30) days from and after its passage, approval and publication. Yeas Councilmen Nays Pasaed by the Counci� S E P 10 197� Butler �t' _In Favor �' o � Againat Sprafka � T��� gEP 10197a ��a�a� � A . dice Presi P C' er �� Form a�proved Corporation Couns By PvsLisxEn S�P 18 191�1 ���� , . � �►� � -2- ��~/°'�,, . r L.� ' � in such form as shall be approved by the Corporation Counsel , and shall ,� have such surety as shall be approved by the Commissioner �f Finance; b. That said permittee and/or its successor 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 puhlic authority having cognizance, construct, maintain, and operate said overhead pedestrian passageway hereunder; c. That said permittee shall pay the costs for the publication of this ordinance; d. That said permittee shall pay the casts 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 $500.00 to be accounted for under Department of Public Works Project Number E-1112; e. That said permittee shall furnish the Department of Public 1•lorks all documents of record that are a part of the contract or incidental to its execution inctuding, but not limited to, addendums, award of contract, sum of contract, "as built" plans, tracings and tracings of shop plans; f. That said permittee and/or its successor in interest shall construct said skyway pedestrian bridge, entirely at its own expense and to the satisfaction of the Commissioner of Public Works and in accordance with the approved plans and specifications marked Contract No. 70-g2 of the Housing and Redeve.lopment Authority of the City of St. Paul , Minnesota, said plans on file in the Department of Public Works. Such construction shall be made in strict compliance with the City of St. Paul Building Code and be authorized under a building permit issued by the Department of Parks , Recreation, and Public Buildings; g. That said permittee, and/or its successors in interest , shall fully indemni€y, hold harmless , and defend the City of Saint Paul , its agents, officers and employees from any and all damages , claims, losses , judgments , suits or expenses and on account of all claims of whatever nature for injury to person and/or property arising out of or connected with the construction, erection, maintenance, operation and/or removal af said overhead pedestrian passageway hereunder; and that supplemental to all other obligations , on their part , jointly and/or severally, hereunder, said permittee and its successor in interest shall furnish and maintain and pay all premium and other expenses therefor, casualty insurance coverage, in a duly licensed Casualty Insurance Company to the extent of $300,000.00 for inju�y to any person and/or persons in any single incident, and to the extent of $50,000.00 for injury to property in any single accident , indemnifying the City of Saint Paul against liability on account of all claims of third persons for injury to person and/or property arising from or connected with the construction, erection , maintenance, operation and/or removal of said structure hereunder, at all times , and to furnish competent evidence of said coverage, from time to time, to the Comptroller of the City of Saint Paul ; rs,nYv.�,.,-• Ti ��'�>,�wx��* -�. -3- h. That said permittee and/or its successor in interest shall , among other things, at their own cost and expense, make adequate and effective provisions therefor and drain all moisture, rain and snow which shall accumulate the�eon by proper devices through said overhead pedestrian passagewa� and in a manner so that the flowing and/or spilling of the same on any part of said section of said Sixth Street shall be prevented at all times. And that said permittee and/or its successor in interest shall maintain and operate said pedestrian bridge at its sole cost and expense in a safe condition for pedes- trian travel , such maintenance shall include, but shall not be limited to, win- dotiv, floor and metal trim, cleaning, polishing, and replacement; roaf maintenance; repainting; light bulb replacement and light fixture cleaning; and the supply of heated and cooled air within the bridge to maintain temperature comparable to that normally maintained within heated and a;i�r'�onditioned rental office spaces; i . That said permittee and/or its successor in interest, at all times, shall construct and maintain all of the supports of said overhead pedestrian passageway entirely within the lines of the subject private real estate and entirely without pubiic street areas ; j . That said permittee and/or its successor 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; k. That said permittee and/or its successor in interest shall , as afore- said � . at all pertinent times, in the construction, maintenance, and operation of sa�d overhead pedestrian passageway hereunder, provide a vertical clearance of at least 17 feet, between and throughout the course of the bottom of said structure and the surface of said section of said Sixth Street; 1 . That said permittee expressly aqrees to comply with Ordinance tdo. 14568, Chapter 216 of the St. Paul Legislative Code pertaining to street obstructions; m. That said permittee and/or its successor in interest shall complete the construction and erection of said overhead pedestrian passagev�ray hereunder and in accordance with the requirements hereof not later than January 1 , 1972• n. That said overhead pedestrian passageway shall be removed by and at the expense of said permittee and/or its successor in interest whenever the �ouncil 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; o. That said permittee shatl within the period of 20 days next after the effective date af this Ordinance, file with the City Clerk, its written acceptance of this Ordinance and agreement to be bound by the provisions , terms and conditions thereof without limitation, which written instrument of acceptance and agreement shall be in the form approved by the Corporation Counsel ; 55 East Fifth Street, Saint �Paul, Minnesota 551 01. Edward N.Helfeld,executive director. phone 223 5218 .. " / �ss �� HOUSING AND REDEVELOPMENTAUTHORITY OF THE CITY OF SAINT PAUL, MINNESOTA October 19, 1971 Mr. Harry E. Marshall City Clerk 386 City Hall � Court House Saint Paul, Minnesota 55102 Re: Ordinances for 5th and 6th Street Pedestrian Bridges Project No. Minn. R-20 Dear Mr. Marshall: Enclosed find one certified copy of the Authority's Resolutioa of acceptance of City Ordinance Numbers 14909 and 14919. These tw�o ordinances were passed by the City Council, granting the Authority permiasion to construct pedestrian bridges over 6th Street between Wabasha and Cedar Street and over 5th Street between Cedar and Minaesota StreeC. Sincerely, � Edward N. Helfeld $xecutive Director cc: Art Steinbeck Anthony A. Danna, Hznry R. Thomas, Rosalie L. Butler, Orville E. Anderson, Donald P. Del Fiacco, Victor J. Tedesco, Kenneth J. Lynch Chaiiman � . . , � �. � ' • G-7 10/20-60 CERTIFICATE OF SECRETARY The undersigned hereby certifiea as follows: 1) That she is the duly qualified and acting Secretary of the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota, herein calted the "Local Public Agency" and the kteper of the records of the Local Public Ag;ency; 2) That the attached Resolution No. 71-10/6-15 is a true and correct copy of the resolution as adopted on the 6th day of October , 1971 ; 3) That the aeal affixed belaw.conatitutes the officiat seal of the Local Public Agency and this Certificate is hereby executed. under auch official .seal; and 4) That the undersigned is duly authorized to execute this Certificate. IN WITNESS WHEREO�F, I have hereunto aet my hand and the seal of said Housing and Redevetopment Authority of the City of Saint Paul, Minneso[a, this 18th day of October , 19 1�. . . SECRETARY (SEAL) _ _ _ _ . ,�:..,:� � . _ � , , �. , ; , V RESOLtJTION N0. 71-10/6- 15 RESOLUTION AUTHORIZING ACCEPTANCE OF CITY ORDINANCE NpS. 14909 AND 14919 RESOLVED by the Housing and Rede�relopment Authority of the City of Saint Paul, Minnesota, that said Authority does hereby accept and agree to abide by all of the terms and conditions of Council File No. 255464, being Ordinance No. I�i909, adopted by the Council of the . City of Saint Paul on September 10, 1971, and the .tersns and canditions • of Council File No. 2556Q1, being Ordinance No. 14919, adopted by the Council of the City of Saint Paul on September 22, 1971, and the Executive Director is hereby autharized and directed to file a copy of this resolution with the Clerk of the City �f Saint Paul, Minnes�ta.