254746 o�a cxa c�.�t , � ' ,
� C� R � INANCE 254'�46
* COUNCIL FILE NO
PRESENTED BY ORDINANCE NO �� �� �—'S
AN ORDINANCE GRANTING PERMISSION TO THE PORT AUTHORITY
OF THE CITY tiF SAINT PAUL TO CONSTRUCT A PUBLIC STORM
SEWER IN A PUBLIC UTILITY EASEMENT AND IN PLATO
BOULEVARD
I
THE COUNCIL OF THE CIT'Y OF SAINT PAUL DOES ORDAIN:
Section 1 . That �ermission a�d authority are hereby granted to the
Port Authority of the City of Saint Paul to construct a public starm sewer
in the public utility �asement described as follows:
A dedicated perma�ent utility easement twenty (20) feet in width
for the purpose o� constructing, operating, and maintaining a
public storm sewer and other utility purposes, on, under, across
and through a stri:p of land twenty (20) feet in width i� Lots
5 and 6 of Block 4, Riverview Industrial Park No. l , according
to the plat theredf on file and of record in the Office of the
Register of Deeds in and for Ramsey County, Minnesota, said
easement being theieasterly twenty (20) feet of Lot 5 and Lot 6
of Block 4, Riverv!iew industrial Park No. i
and to connect said public sto�m sewer to the existing storm sewer in Plato
Boulevard.
Section 2. That the Comnissioner of Public Works is hereby authorized
to issue a permit to the Port Authority of the City of Saint Paul for the
construction of said pubtic storm sewer upon and subject to the following
terms and conditions:
_n,,.�,_..,......,.��.�,.,.,._,.,...,._..�,:, �._..,... _ g� ,_. „_
__. ,._„� .._. .�, - . .
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., ..�.,.,z , .., .,r. . .
a. That said p�►r�n;�ee�sli�11` e+�i�s`��r�'�sa�d stonn sewer entirely at
its own expense, under the supervision and to the satisfaction of the
Cominissioner of Public Works and in accordance with the approved pians and
specifications of the Pqrt Authority of the City of Saint Paul on file in
the Department of PubiiC Works;
b. That said permittee shall pay the cost of publication of this
ordinance and alt resolutions passed i� relation to said ordinance;
c. That said permittee shall pay the costs of administration,
engineering, and inspect'ion incurred by the Depa�tment of Public Works
because of this undertak;ing; said costs being estimated at a sum of $500.00
to be accounted for undeir Department of Public Works Project Number E-1102;
d. That said permijttee shall properly, as approved by the Construction
Engineer of the Departme�t of Public Works, protect all excavations made
in the streets, sidewalk�, and boulevards both day a�d night so as to avoid
all damage or injury to persons or property; shall properly fill and tamp
said streets, sidewalks, and boulevards to avoid settling and shall resto�e
said streets, sidewaiks, and boulevards to their original condition;
Yeaa Councilmen Nays Passed by the Council
Butler
Caxlson Tn Favor
Levine �
Meredith ' Againat
Sprafka
Tedeaco
Mr. Preaident (McCarty) Approved•
Attest: �
City Clerk
��
Form approved �orpor�,�,'ion Counsel By
o�mch,c� � ,
. • 4RDINANCE �j
, �:C��'����
; COUNCIL FILE NO
PRESENTED BY ' ORDINANCE NO �����--�
-3-
1 . That said permittee shall submit insurance documents to
the Office Engineer of the Department of Public Works;
m. That said perm�ttee shail , within thirty (30) days after the
passage of this ordinanc�e, file a written acceptance thereof with the
City Clerk. I
Section 3. This oldinance shall take effect and be in force thirty
(30) days from and afte� its passage, approval and publication.
�
I
JUL 16 197ti
Yeas Councilmen Nays Passed by the Counci�
Butler
Carlsan Fs�z-� .�--�_�
Levine � n Favor
Meredith � Against
Sprafka ,
T���° 16 19.b1
r. President (Mc arty) Approve J u L
At t• I
�ity er c �
��
orm a�proved Corpor��ion Counse By
.�W�..�4��9�'1
�UBLISH�IS � ----�
ri
D�to?e�e.: .
'\ RDINANC �
2���4s
COUNCIL HlE NO
PRESENTED BY ORDINANCE NO ����
AN GR�tMANCE �RANTIM6 �ERMISSi4N TO T�E �ORT A�1'M�1'fr
Of T�E C 1 TY SA i IIT �At1l TO ClMISTRttCT A Mlel.1 C ST�1
SEWER IN A P LIC UTILlTY EASEMENT AMiI IN PLAT4
ea��r�aa
n�E c.�u�rc�� oF rw� c� oF s�irn �� ooES oao�►iN:
S�etie� 1. T�t n�issi� sai artlw�lt�r an lanh► �t�d Lo tt�a
lbrt Anttw�t tr of th� i ty �of Sai+�E Parl te oo�strrct a prbl te sterw s�rsr
in tbe �ubiic dtili�y s�t �sserib�d as follo�rss
A ���� /f L Mt 1�1 Ly II�SMd11L LMNII� �ZA� �M� I A MI dtfl
for the Mrpos� o coastrnct�ug, oN'ati�g, aAd �ai�taisiwg s
prbi ic stor� saw� aad otl�sr vti I ity wrpos�s, os, w�d�r, ac�ross
a�d thr�w� s st� p of land twrwtp (20) fNt iw wi�tt� 1� t,ots
5 a�d 6 of tlock , Riv�nriwa t�strisi Psrk Ns. 1, �i1�g
to the plst tbs f on f i ls a�d of noard in tM Aff tq ef tt�s
Rsg i stsr af D�is l A a�d for R�awselr Cae�t�r, M i�assota, :s i d
�as�wt b�t� ast��iY t�ww�r (20) feet of tAt S a�d irst 6
of itoak �i, �ih {w+ I�drstrial rsMc Ne. i'
a� to os�et said 1 ic stsr� sawar to tbe �ctstia� st+o� s�er in Plato
Be�l nrard.
Sa�ctia+ 2. Tb�t Co���ssioa�r of �b1fc M�ks is b�nby »ttNrissd
te i ssee s psrwi t to Port liothori t�r of th� �i tp of Sat�t l�hwrl foir tl+a
ca�stnictf�a of sat� 1tc storw sawer rpow �d s+�Jact ts the fetlowing
tsrws u+d coadittaas:
a. TNat saii ps itta st�il co�strrct said sto� sa+e+r Mtir�tr at
i ts aw� a�y�u, �ier ia supsn i s ion snd co the sat t sfact te�n of ths
Ge�issia� of bb11c rks and i� sccord�acs w1t� t�e apprw�d 'la�s a�
s�cificatieas of the t Authorit� ot tl+e Citr of 4�iet hri on fils tA
the Deps�t�t of lhtbii M�rks;
b. Tbst sai� pe tt�s sbsli �r tha e�si of p�►licatton of tbis
ordinmee aAd a�1 nsot tlons psssii ia ntatton to said ordiaanes;
c. Tlr�t satd tt�e shsli ►sy tha costs of ad�inistrstioa,
t�gi�art�g. aaA iws iaa #uenrnd by tl+� Orpart�t of �1ie Morks
b�csase of this dndsr ia9; said oosts �s1ng estiant�i at a suw of �500�0@
to bs acoow�t�d for r Ds�rt■.�: ot r�t�c r�.rks �oj.�t Na�r E-��02;
d. Th�t ssid pa Lt� shal i Prop�riy, as appr�wd bp the Ca�sthat.h�
Ea�ia�sr of tb� 8�sps t of Peblit i�rks, �rot�ct a11 �acesvalloRS �
ia tbs stsMts, s1As+w1� , a�d bouls�raNs iieth � a�d �t�ght so as to a+�id
al i da�agr► or iajory► parso�s or pe�rtp; shsi 1 ��ro*arly f i 11 a�d ta�p
said str�#s, si�wiks a�d bwirn�: to arroid sattl iAg a�i sbat i �tsbn
ssid stn�ts, stdM�wlks aAd boMlsra:�s to tbsir orisfAal oawttion;
Yeas Councilmen Nays Passed by the Coun�;�
Butler
Carlson
Levine Tn Favor
Meredith a�;r�
gprafka -�
Tedesoo
Mr. President (McCarty) Apprnv�l:
Atteat:
City Clerk Mayor
��
�ort�t a��roved Coxpo `� a Couasel Bq.
, .
�',.��"` � 254'746
' � RDI�NANCE
���� ���
PRESENT� BY ORDINANCE NO � � �
_3_
i. Thst said p�n�i tss shali sub�it iawranas doc�ts Lo
tb� 9ff t�s E�i rsr of O�prtMnt of hbt ic Yorks;
�. Thst said p�irni ta sliall, Mitbi• tbirtr ��) �s sfbc tMs
p�ssa�s of this ordi , file a wrttt� aECeptanoe thsreof �ith tfi�e
Ci tr Clerk.
Sectioa 3. This o ina�os shail tait� e�fs�t aN i� i� force tl�trtr
�30) days fro� �d sft�r its pssa�, ap�rawa-1 aAd prbl icatfow.
�
Yesa Coundlmen l�ays Psased by the Coun�;l JUL 161�
Butler .
��e Favor
�CT@f�l�l .f� ro�n{IlBt
Sprafka
�. Preaident (McCarty) Approved: J U L 16 1971
Atteet: - - - -
Gity Clerk �ayor
��
Form a$�roved Corpo �on Cou�el By
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1
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�I'_.:�
��.'. .... � . �.,_ � �
�.1 '�. . � ._
� ,�i . ,. . ._, ;,,;i;�.
I
I
I
Saint Paul� Minnesota
July 26, 1971
To the Hon�rable� the City Council
Saint Pa.u1� Minnesota
Gentle�en �nd Mrs. Butler:
We, the undersigned� do hereby accept and agree to abide by
a11 the teitms and conditions of Council File No.2�+'���
being Ordir�ance No. 1�+855, ad.opted by the Council on
Juty 16, 1g71.
.-'
PORT A , I2'Y 0, CITY OF SAINT PAUL,NSINl�S4TA.
� C� ��� '+
BY ` .�°e �--t ,
�
Grege� Beckett
Chief Engineer
i
�
6
t!
F�
`/
�u.ty' 26, �.97a.
Part Autlxor3ty a� the C:Lty oP Saint Paul
Minnesa+�, Buildin�
St« P�.v1, I�linn��ota
Gent2emen;
Sae enclase a copy o�' �rdizaance No. l�+$55' granting you permis�ior�
to construct a publie s�orm sewer in a public util�ty easement
r�,nd �.s� Pl�ta Bc�ulevard; also bill �u the 3u.m of �3�+.�+5 � �5.�
ta eaver `�he cost of publicat3on of �th�s a.r3inr�.nee a�nd the enclosed
resolution� Council File Nc�, 2�+7�+7� �erta.iix�in� �to the same matter.
iti'e ca11 your s�cial. a�°tentiQn to Yar�a�raph m of Sectiofl 2 which
requires the filing of an acceptance of the t�rms of th3s ordinance.
The acce�tana� muat be filed in this office, Room 3$6� Ci�y Ha11,
within 30 dt�re. If not so filed� the ordinance becom�� v�oid.
Very truly youre�
City C1erk
ra�
'.*'"^' ,'�'i P.xt9 "�] .'1i.
„ �r .7.. ��1
r�_ � . .. , . .
e. That sai� p�rmitt�e ex�r+essly agrees and undertakes ta fully
indemnify, hold h�rmless, �nd d�.��nd the �ity o` Saint paul , its �agents,
c�ffdcers, �nd em�loy�es fror.� arey and all da�ag�s, claims, losses,
�udgments, �ufts or expPnses arising out of or occasioned by tha construction
of satd publlc storm sewQr and by the permi�sion and authority granted
herein;
f. That sa3d' permittee, after th� inc�pt6on of said work, shall
pros�cute the same c�ntinuously, wlth diligence, and fully complete said
work to the satisfaetian and �pproval of the Carimission�r of Public �Jorks
on or before hlovein��r � , 1 Q71 ;
q. Th�t sald �a�rmittee shal l !�urnish the Department of Publ ic �dr�rks
a�11 decuments of �eccard that are a part of the contraet or incident:al
to its executi�n including but not limtted ta, addendu�as, aw�ard af
eontr�et, �um of contract, '1as butlt" plar�s and tracine��;
h. That s�id �c»rmittee st�ail nntify th� Cunstructian E.ngineer of
the Department of Public Works arhen the constructian at�arts and notify
ths same said Construction En�ineer when the proJect ha� been completed
to �llow for° a �inal inspection;
1 . That �aid permitt�e sh�lt notify the Traffic 9ureau of th�
Depart,n�nt of Pu�lic �plarks if the constr�ctian of said storm sewer shall
make necessary th� clo�ing of Plato Boulevard or any part thereof; all
expenses incurred by the Traffic Bureau tn furnishing, installtng, nr
r�moving nf barricades� s��ns, and other cantrol dsvtcps sh�ll �e paid
by tne permitt�e;
�. That �aid p�rmittee shall , during the term of this permit,
re�tore and reoair alt nro�erty, whether public or �rivate, damaqec! �r
which may be damaged due tc� ths construction of the storm sawrer pro�rideci
for herein;
k. That said permittee shall nmt �roceed with constructic�n unless
�nd until satd permfttee sh�all hav� fully complied with the provisions
rec�ar-�+is�c� insuranc� and indemntfication contained ln the �ity csf S�ir►t
�a�l , �►e�artm�nt c�f Public Warks Specific�tions fo� Stre�t and Sewer
Construction, d�ted April i , 1�59, Se�tic�n numbered 1 .44 of �aid speci-
ficatlons, as amended, apaltc��l� t� contraetors, For the pur�►�se af
this ordinanee, the �foresaid 5ectlon of said s�aectfTcatEons, number
1 .44 as amend�ci� sh�ll a� rsad as though the word "permitte�°" v�as sub-
stitut�d for the �r� t1contrac�or", whenever th� same �r�pears in the afore°
said section 1 .44 as amended; satd Section 1 .44 �s amended, of the
�petifications for Street and Sew��r Constructia� in Lhe City of 5aint Paul
is hereby incorporated h�rein �y referencs �s fully ��� �,�� ,;,;n�ple�ely as
if set forth ��rein vsrb�tim; Proo� of campliance with provistons of' the
a�Qre�aid s�ctton shall be 1n such form a� the Corpc�ration Caunsel af
the Gity of Saint Paui may dlre�t �nd tt�e doeuments required �y fiti�
�fore�aid Section 1 .b4 shail , after submission to th� Corporation Caunsel ,
be f�led in th� affi�� of the. Camptraller of th� Ctty of Sa�nt Paul ;
�t ti,., `j i ,v
�2� r,.."� .. � .,�
e. That said permittee expressly agrees and undertakes to fully
indemnify, 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 arising out of or occasioned by the canstruction
of said public storm sewer and by the permission and authority granted
herein;
f. That said permittee, after the inception of said work, shall
prosecute the same continuously, with diligence, and fully complete said
work to the satisfaction and approvai of the Canmissioner of Public Works
on or before November 1 , 1g71 ; '
g. That said permittee shall furnish the Department of Public Works
alt documents of record that are a part of the contract or incidental
to its execution including but nat limited to, addendums, award of
contract, sum of contract, "as built" plans and tracings;
h. That said permittee shall notify the Construction Engineer of
the Department of Public Works when the construction starts and notify
the same said Construction Engineer when the pro,ject has been completed
to alloHr for a final inspection;
i . That said permittee shall notify the Traffic Bureau of the
Department of Public Works if the construction of said storm sewer shall
make necessary the closing of Plato Boulevard or any part the�eof; ali
expenses incurred by the Traffic Bureau in furnishing, installing, or
removing of barricades, signs, and other control devices shall be paid
by the permittee;
j . That said permittee shall , during the term of this permit,
restore and repair ail praperty, whether public or private, damaged or
which may be damaged due to the construction of the storm sewer provided
for herein;
k. That said permittee shal ) not proceed with construction unless
and until said permittee shall have fully complied with the provisions
regarding insuran�e and indemnification contained in the City of Saint
Paul , Department of Public Works Specifications for Street and Sewer
Construction, dated April l , 1959, ���tion numbered 1 .44 of said speci-
fications, as amended, applicable ta contractors. For the purpose of
this ordinance, the aforesaid section of said specifications, number
1 .44 as amended, shati be read as though the word "permittee" was sub-
stituted for the word "contractor", whenever the same appears in the afore-
said section 1 .44 as amended; said Section 1 .44 as amended, of the
specifications for Street and Sewer Construction in the City of Saint Paul
is hereby incorporated herein by reference as fully 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 Corporation Counsel of
the City of Saint Paul may direct and the documents required by the
aforesaid Section 1 .44 shail , after submission to the Corporation Counsel ,
be filed in the office of the Comptroller of the City of Saint Paul ;
I st � . � ° t 2nd � ��
Laid over to
3rd and app. `1 __Adopted /
Yeas Nays eas Nays
Butler '$utler
Carlson � \�ackaa_ �.�-,Z���t
Levine ������ �evine
Meredifih �eredith
Sprafka �. �Sprafka
`,.
Tedesco ��� �edesco
�`�
Mr. President McCarFy fvlr. President McCarty
65