253954 o�sm��cxs cie�t
,.
�� � ORDINANCE
COUNCIL FILE NO 253954
PRESENTED BY - ORDINANCE NO-��7�O
AN ORDINANCE GRANTING PERMISSION TO THE DAYTON
EiUpSON CORR� , TO CONSTRUCT AND MAINTAIN A
CAiSSON BELOW TNE NORTH SIDE OF SIXTH STREET
APPROXIMATELY 133 FEET EAST OF THE EAST PROPERTY
LINE OF WABASHA S7REET IN CONNECTION WITH THE
CONSTRUCTION OF THE PROPOSED PEDESTRIAN BRIDGE
OVER SIXTH STREET BETWEEN THE INTERSECTIONS
THEREWITH OF WABASHA STREET AND CEDAR STREET.
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1 . That permission and authority hereby are granted to the
Dayton-Nudson Cofi�p„ to construct and maintain a caisson below the north
side o� Sixth Street approximately 133 feet east of the east property line
of Wabasha Street in connection with the construction of the proposed
pedestrian bridge over Sixth Street between the intersection therewith of
Wabasha Street and Cedar Street.
Section 2. That the Commissioner of Public Works is hereby author-
ized and directed to issue a permit to the Dayton Company, et al , for the
co�struction and maintenance of said caisson upon and subject to the
following terms and conditions:
a. That said Permittee shall construct said caisson at its own cost and
expense, under the supervision and to the satisfaction of the Commissioner
of Public Works and in accordance with the approved plans and specifications
of the Dayton Company on file in the Department of Public Works;
b. That said permittee shalT pay the cost of publication of this
ordinance and all resotutions passed in relation to said ordinance;
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 $500.00 to be
accounted for under Department of Public Works Pro,ject Number B-1024;
d. That said permittee shall properly protect atl excavations made in
the streets, sidewalks, and boulevards both day and 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 restore
said streets, sidewalks, and boulevards to their original condition;
e. That said permittee expressly agrees and undertakes to fully indem-
nify, hold harmless and defend the City of St. Paul , its agents, officers,
and employees from any and all damages, claims, losses, judgments, suits or
expenses arising out of or occasioned by the construction or maintenance of
said caisson and by the permission and authority granted herein;
f. That said permittee shall furnish a bond to the City of St. Paul
in the sum of one thousand dolla�s ($1000.00) conditioned to comply with
all the terms of this ordinance and to indemnify and save harmless said
Yeas Councilmen Nays Passed by the Council
Butler
Carlson Tn Favor
Levine
Meredith
Sprafka A gainat
Tedesco
Mr. President (McCarty) Approved•
Attest: �
City Clerk or
��
Form a��roved Corpor��ion Counsel By
Orlsin��l to Cits Qert
. �
;--�� ORDINANCE
COUNCIL FILE NO�___��cltY
PRESENTED BY ORDINANCE NO
-2-
City from all liability, loss, judgments, suits, costs, charges and
expenses that may accrue to persons or property occasioned by the making
of the improvement or arising out of the same;
g. That said permittee shall furnish the Department of Public Works all
documents of record that are a part of the contract or incidentat to its
execution including but not limited to addendums, award 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 project has been completed to allow
for a final inspection;
i . That said permittee shall , during the term of this permit, restore
and repair all property, whether public or private, damaged or which may
be damaged due to the construction, operation and maintenance or presence
of the caisson provided for herein;
j. That said permittee shall notify the Traffic Bureau of the Depart-
ment of Public Works if the construction, or maintenance of said caisson
shall make necessary the ciosing of Sixth Street or part of; all expenses
incurred by the Traffic Bureau in furnishing, installing, and removing of
barricades, signs, and other control devices, shall be paid by the permittee;
k. That said permittee shall not proceed with construction unless
and until said permittee sha�l have fully complied with the provisions
regarding insurance and indemnification contained in the City of Saint Paul ,
Department of Public Works Specifications for Street and Sewer Construction,
dated Aprit 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, shali be read as
though the word "permittee" was substituted for the word "contractor", wherever
the same appears in the aforesaid 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 shall , after submission to the Corporation Counsel , be filed in
the office of the Comptroller of the City of Saint Paul ;
m. That the said permittee shall submit bond and insurance documents
to the Office Engineer of the Department of Pubtic Works;
n. That the said permittee shall , within thirty (30) days after the
passage of this ordinance, fite a written acceptance thereof with the City Clerk.
Section 3. This ordinance shall take effect and be in force thirty (30)
days from and after its passage approval and publication.
Yeas Councilmen Nays Passed by the Council MAY 21 1971
Butler
Carlson "
Levine n Favor
Meredith � � Againat `
sprafk� MAY 21 197J
Tedesco
r. Preaiden c y) A
A st:
ity Clerk a
��
Form approved Corpor�,�fon Counsel By
. ���� �'.�� ,
Saint Paul, Minnesota,
June l, 1g71
To the Honorable, the City Council,
Saa.nt Paul, Minn�sota.
Gentlemen:
We, the undersigned, do hereby accept and agree
to abide by all. the terms and cond3tions of Council
bein Ordinance No. 14798,
File No. 25395�+,�a.dopted by the Council on May 21, 1971.
DAYTON-HUDSON CO ti
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�Y ►���-�t.-^.-�---�---�-:-�.-��
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6� ,.~n
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Dayton's
700 On The Mall
Minneapolis, Minnesota 55402
June 9, 1971
Mr. Harry E. Marshall
City Clerk and Commissioner of Registration
City of St. Paul
386 City Hall
St. Paul, Minnesota
Dear Mr. Marshall:
Thank you for your letter of June lst, enclosing
a copy of the Ordinance granting us permission
to construct a caisson on the North Side of 6th
Street to support the new Skyway Bridge on the
Dayton side of 6th Street.
Our check is enclosed in the amount of $34.20 to
cover the cost of publication of this Ordinance.
The letter accepting the terms of the Ordinance has
been signed by Mr. Erickson, our president, and is
enclosed.
The Bond, as outlined in Paragraph F of Section II,
has been filed with Mr. Hawkins of the Public Works
Department.
Thank you for assisting us in this matter.
Yours very truly,
� __.
�� .
Fred H. Koch
Building Superintendent
FHK:vs
Encl:
. _ . . .., .�, . -, ,,
. - �
. o�.�,�,�,��,� 253g55
CITY OF ST. PAUL ���� NO.
� OFFICE OF THE CITY CLERK
COUNCIL RESOLUTION—GENERAL FORM
C�OMMI�SSIONER W���i�l) £. Carlson DATE
WHEREA=. An Ordinancs, C.R. !b. 2539�4r g���ting psnaissioa
to tta Dayeon-Il�i�oc�,�-�, to construct ��i "wsT'ntata a e.�isso� �alow
tM north sida ot Sixth Strset approxi�talr 133 f+at �ast of ths ast
proparty i tn� of Itibasha Str�at in oonn�ction Nith th� cemstnutlon of
th� propo:a� p�dest�laa brtdg� avsr tixth Strsat bst�a ths i�t�erseettons
therowith of Wabasha Stnat aad Cedar Strast has ban pnp�rod and intro-
duc�d to he C�cil of the City o! St. Psul, ana Nfll ba adopt�d on
lyll , to ba sffineti�re ewnt�ally on JUN 2 8 1971 ;
e�ow t n or�';�6—'TL
RESOLYED� That pen�in� tta satd Ordfnan� bsoomi� sftactiw. th�
Co�nisstoner of h�btia ibrks ts hanby suthoriz�l an� dtrsetaa to Issw
s psrelt to tM Oaytou Ca�any for th� ca�stre�ottoq and �1nt�a�� of
sai� cafsson sub��at to �t c �ndttlons and ��qalr�nts as set out
in Ordinanc� C.F. !b. , paadln9 �for� ths Counatl ot ti»
Citr of St. Psul, tnfon� approva of�thi sat, cex�struetion a�d �inttR-
a�c� of th� sal� calsson tieln� har�by yiwn tn antictpatloa of th� fin�l
adoptTon and spproval of said 4rdlnsnc�.
COUNCII,MEN Adopt�i by the Co»rc� ����� 19_
Yeas Naya .� �'
Butler ,
Carlson l Approv� 19_
�°� Tn Favor
Meredith
Sprafka �r
t
Tedeaco
Mr. Preaident, A�cCarty
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.�vne 1 s l�'�.
��rton•Hud�on Corp.,
740 �Ticoll.et Mal�.'
IKp3.s. M��
Attn: �r. Fred Koch �
Desx Sirt
We encic�e a ca�ry o�' Ordi�+�uaee Ns. 1�798, gac'�ntiang
Yv�u� �rmiasiarz tc cea�atruct a�d msl�ta3n a c�ascn 'belo�rr
• � nortl� �ide of Six�th Street aa �h+er de�cribed
t,h�a�in; �l.so bf11 �.n t�as � e�' $34.2� to caver t� �cs�t
ai' pu�blicaticra c� this ox+din�ua,c�.
t�a� ca�1.]. jraur s,ge�i�l atter�tic� to Parag�cap�a t cf
S�c��on 2 which rec�uireE� tlt� f'iling ef` ,a bc�nd in the
�t �pe�ititd. Wt a�].SO c�Ll. ycrt�' �ttentian to Pas�h
n whic�► requ3rea fi�e tili�ng ot e�n +�+cceptancea o�' the tecrms
oi' thia ordinm�nce in t2�.a at 1'ic+�, Roc�m 386 r City I3a11,
�.thin 30 day�s. It' nat ao t'37.ed, tla�ee c�x�c�.na�nce lbecc�a vaid.
YeY"JI 'ts�il�► y'o�'B s
�ity Clerk
�
. �� �
I st 2nd
Laid over to
�
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3rd and app. —Adopted
Yeas Nays Xeas Nays
Butler �utler
Carlson �arlson
Levine ������ �evine
Meredith �eredith
�
Sprafke ��'�Sprafka ; /
l/
Tedesco edesco
,��
Mr. President McCariy �Ir. Presiden+ McCerty
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