256189 Or1s��to Cn7 Clsrk '
r ` � ORDINANCE
COUNCIL FILE NO ������
PRESENTED BY � ORDINANCE NO `� �
AN ORDINANCE GRANTING PERMISSION TO ST.
LUKE'S HOSPITAL OF SAINT PAUL TO CONSTRUCT,
OPERATE AND MAINTAIN 10 TREE PLANTERS IN
THE PUBLIC SIDEWALK WITH 3 LOCATED ON THE
WEST SIDE OF WALNUT STREET BETWEEN SMITH
AVENUE AND WEST SEVENTH STREET AND THE
REMAINING 7 LOCATED ON THE SOUTH SIDE OF
SMITH AVENUE BETWEEN SHERMAN STREET AND
WALNUT STREET.
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1 . That permission and authority are hereby granted to St. Lukes
Hospital of Saint Paul to construct, operate and maintain 10 tree planters in
the public sidewatk with 3 located on the west side of Walnut Street between
Smith Avenue and West Seventh Street and the remaining 7 located on the south
� side of Smith Avenue b�tween Sherman Street and Walnut Street.
�� Section 2. That the Canmissioner of Public Works is hereby authorized
to issue a permit to St. Luke's Hospital of St. Paul for the construction, op-
eration and maintenance of said tree planters upon and subject to the following
terrns and conditions:
a. That said permittee shall construct said tree planters entirely at its
own expense, under the supervision and to the satisfaction of the Commissioner
of Public Works and in accordance with the approved plans and specifications of
St. Luke's Hospital on file in the Department of Public Works;
b. That said permittee shall pay the cost of publication of ti�is ordinance
and all resolutions passed in relation to said ordinance;
c. That said permittee shall pay the costs of administration, engineering
and inspection incurred by the Department of Public Works because of this
undertaking; said costs are estimated as a sum of $300.00 to be accounted for
under Department of Public Works Project No. E-1111 ;
d. That said permittee shall properly protect all 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 or successors in interest shall take out and main-
tain during the period of this permit and while said tree planters are located
in said public sidewalks a comprehensive protective public liability insurance
that shall fully indemnify, hold harmless, and defend the City of St. Paul , its
agents, officers and employees from any and all damages, claims, losses, judg-
ments, suits or expenses on account of all claims of whatever nature arising
out of or connected with the construction, maintenance, operation and removal of
the said tree planters. A certificate of this insurance shall be deposited with
the City of St. Paul before the start of construction. The liability insurance
Yeaa Councilmen Nays Passed by the Council
Butler
Carlson Tn Favor
Levine
Meredith
Sprafka Against
Tedesco
Mr. President (McCarty) Approved:
Atteat:
City Clerk yor
�
�orm approved Corpor�tion Counsel By
Osislnalto Cib'Clerk � " �
.
' � ORDINANCE ����a�
COUNCIL FILE NO
PRESENTED BY ORDINANCE NO � �v
-3-
k. That said permittee shall remove the tree planters or part
thereof in such manner as is satisfactory to the Commissioner of Public Works
whenever the City Council shalt so order;
1 . That said permittee shall not proceed with construction unless and
until said permittee shall have fully comptied 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 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 "permittee" was substitated 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 afore-
said 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 said permittee expressly agrees to comply with Ordinance No.
14568, Chapter 216 of the St. Paul Legislative Code pertaining to street
obstructions;
n. That said permittee, after the inception of said work, shall prosecute
the same continuously, with diligence, and fuiiy complete said work to the
satisfaction and approval of said Commissioner on or before July 31 , 1g72;
o. That said permittee shall submit bond and insurance documents to the
Office Engineer of the Department of Public Works;
p. That the said permittee shall , within thirty (30) days after the
passage of this ordinance, file 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 Counci�
N OV 12 197�
Butler
Le�L���%L�'L �__In Favor
Meredith � t� Againat
Sprafka
T���° N OV 12 19�
President (McCarty) Ap r
At
le ayor
�� � �
Form approved Corpor�tion Counsel By
PUBLISHED NOV����1� �ti.l
i ? r
�� ���� I . . �
• � '- • •
� �- ' i ' ORDINANCE 5�1Sq
2
�:;� '� COUNCIL HLE NO _
� ,�OPRESENTED 8'IE!'• ' ORDINANCE NO
;
ilu
,., ;
AN ORDINAIICE GRANTIN6 PERMISSI�M 70 ST.
' , , LUKE'S HOSR I TAL OF SA 1 NT PAt3L TO CONSTRE)CT,
� I I OPERIATE AND MA t N'fA 1 N 10 TREE �LANTERS 1 N
,;, � � THE PEIBL i C S I DEIIALK WITH 3 LOCATEO ON THE
, �IEST SIDE OF WALt�UT STREET BETVEEN SMITH
!, I I AVENUE AND WEST SEVEf�TH STREET AIiD THE
; � � REMA 1 N f liG 7 lOCATE D ON THE SOtlTH S 1 DE OF
� SMtTN At1ENtiE BETVEE�i SHERHAN STttEET AND
� ��a �I �' � WAtNtD'T STREET. � � �
TH�f �Ot�fCIL �F THE CITY OF SAIFiT PAUL DOES ORDAIN:
�;�j j Se�ct i c�r� i.
That pe�Isslaa snd sathort�y are he�eby g�snt�d to St. Lukss
1t a� o f S�Tnt Paul to const��ct, operate and msintain 10 tree pla�tera ta
th{b ublic sidewalk witf► 3 located on the w!est sTde of Waln�t Strest between
Sa�4�, Wrenue and West Seventh Stredt and Lhe rerwaiAing 7 iocated on Lha so�rth
siid�;of $�#�`: Aven�e between Shermsn Street and Vslnut Street.
� � ' Sectio� 2. That the Cc�mmissToner of Public Mbrks is i�eraby antlwriz�d
td'�� sus a perrnTt to St. Luke's Hospttal of St. Pau1 for the tonstruction, op-
a� on and maintenae�ce of said tree planters upon ae�d sub�eet to the following
t '. and conditions:
; :
{ ;a. Thst said penaittee ahall constr�ct ssid t�ee planters cntinlr at its
ov� �acpiease, under the supenrisioa aad to the satisfsctloa of the Ca�issia�er
o�,. b1�1c Wo�ks and irt acco�dance �ritfi the approved �1afls aad sp�ciftcattaas of
St(. , tii�e's Hospital on fiie in the Depa�tnient of Public Works;
�, F f
j.T !b. That satd peroiittee shall pay the `cost of pnb)ication o� this ordinaace
�lt resolutions passed in rslation to said ordinante;
� :
� , c.� That said peraiittea shail pay the tosts of ada�inistratt�� engie�ering
a ' : nspection incurred br the Ospartme�t of Pvb1Tc Morks becs�s�e of this
taktng; said costs s�e estimated ss a sua� of $;00.00 to be accou�tsd fo�
;
Dapartment of Publ ic I�forks ProJect No. E-i l l l;
�
' ' ; d, That said per,�ittee shali properly protect all excavattons a�ade in
t t�eets, sidewalks and boulevards both day and night so as to avcid all
o� in)ury to pe�sons or p�operty; shall proparty fill ac�d taotp said
s�' ts, siciewalks, and bontevards to avoid se�tting a� shail rssto�e said
s� ts, sidewalks and boulevards to thelr original c�onditton;
�
I � t e. That ssid pe�ittee �or snc�essors tn l�terest shall take out ar�d wain-
t�;_ ddri�g tF� period of this pengit and wi�i 1e said tree pla�t�rs a�� tocstad
i�, 1 d pr�b l i c s i deiwa t ks a co�rehens i v�e protect i ve pub l ic 1 t ab i l i ty t asursnea
sMall fnlly inden�ify, hoid harmless, and defend the City of St. Psut , its
s, o"ficers and employees fram any and all damages, clai�ss, tosses, Jndg-
. suits or expznses cu� ac.:ount of ail cla�ms af wh�tever nature a�isinq
�'� f or connected with the construCtion, maintenance, operation and re�val of
t s�d tree planters. A ee�tificate of thts insurance shall be deposited with
t� ' �City of St. Pau1 before tF�e atart of constn�ctta+. The 1tab111ty tAS��a�ce
; � �
`
Yeas 'uncilmen Nays Paseed by the Counc>>
tl�
,,� �On
T*+ Iravor
II ,�
j`'; Aanillgt
; � .
M�;: t ident {MeCarty) APProved:
Attest: ,,.� :
�_,
i ,
i"� it,� Clerk Mayor
��' � E Form a�rovecl Corpo �,#�toa Couneel By
, , �
i f
i,;� ,► _
,
ST. LUKES HOSPITAL � �
300 PLEAS�NT AVE.
ST. PAUL, MINN. 55102 ���
PHONE 228-8000 �
.��
� -___ May 15, 1972
D�91fat�to Pr1at�I
, ORDI
NANCE
PRESENTEp BY' COUNCIL FII.E Np 256�89
ORDINANCE NO �
_3_
k• That said permfttee shall �emove the tree
theM'�lof in suth manner as ts satisfactory to h
*►hlth¢ver the City Councfi shall so order; p�anters o� part
t e Commpssloner of Public WOrks
�• That said permttfiee shalt not proceed with
until� said pennittee shall have fuil con:truction unless and
tn�+�ance and indemn i f icat ton conta i ed�n�the ��th the
of �bitc lrbrks SpQCifications fo� Street and S�� of provisions rega�ding
� '���59, Section numbered 1.44 y �int Panl, p�par�t
ta �a+strectfon, datad Aprfi
i�c�atrattors. For the °f $��d gPe�ificatlons, es �R�sd
sa�;d; specifications, numberrl�,y� of thls ordinance • aPpiicable
��'d� "permiitee" was substttuted�for t��y,ro�d „ � t� aforesaid settlon of
, shall be read as though the
8t�'I�rs in the aforesaid Section 1.44 �Atractor"
of i t e Spec i f icat Paris for St reet �Rd ' $g �nded; sa id Sect toner'vq� the same
P�1' �s hereby inco�po�ated herein b �r CO�struction in the Cit � $g �n�d'
1f 'stt forth herein verbatim. P Y reference as full and as Y °f �int
roof of compiiance with p�o�i����feLhe afore-
s�'�di sectlon shall be Jn such forrn as the Corporation C
�a�n�t Paut may direct and the
sh�M1i1, after submission to the��nts required b °v^sel of the City of
poratlon Coun3e�y t� aforesaid Section �.1�4
t� ;�anptroller of the Ctty of Saint Paui; ' � fi�ed in the office of
�• That said permittee expressl
��'�G�, Chapter 216 of the St. pa�j Ley asr�a to comp)y w�th Ordinan
ob�#tjr'uctions; 9isiative Code pertainin �e �°'
g to st�eet
� j n• That sald per�nittee
t� same conttnnousl � after the Inception of s a i d �
s�t�s f ac t ton and a y' w i t h d f 1 i g e�ce, �p d fu1 i �"°r k• s h a l i pros��te
PP�ovai of s a i d C y �"p�ete ssid w�r k t o t he
o n u n t s s ioner on or before JuIY 31, 197��
���Ni �• That said permlttee sha11 suMr��t
� E^9ine�� of the Depart�ent of ��, �d and insarance doc
' Pubiic hbrks; ��ts to the
I p. That the Said penn�tte� sha11
P�IS�a9e of thls ord!nance, ffle g t�itteniacceptahce ther
��j�fk� Y �301 days after tl�e
�f with the C1ty
; ' SECTlON 3. Thls ordlnance shali take effect
d�'� f��m and .after its passage, apnrovai and and be in �a�ce thirt
publication. Y (30)
�
�
i
Yeas i
iC�buncilmen Nays NOV 12 1971 �
� t�� �
�� P�esed bY the CounciL—
y' �vine
'l�eredith
�
rafka, n Favor
�, � esco ainet
eident (McCarty)
A�t: APPI'oved: NOV 12 1971
; _ .
�� ' i i�3► Clerk
;' I Form a�proved Corpor�;�3on Cou�eel By Mayor
�������
-2-
/ � ��
shall be issued by an insurance company licensed to do business in the �
state of Minnesota and the premium and all expenses incidental thereto
shall be paid promptly by the permittee initially and on renewal . Before
the expiration, said permittee shall deposit with the City of St. Paul a
new certificate to replace any expiring insurance. The permittee and the
City shall be named as joint insured in an amount not less than the following
coverage:
Bodily injury insurance (including death) in an amount
of not less than $100,000.00 for all damages arising
out of bodily injuries to or death of one person,
and subject to the same limit for each person in a
total amount of not less than $300,000.00 on account
of any one accident. ,
Prope�ty damage insurance in an amount of not less than
$SQ,000.00 for all damages to or destruction of property
in any one accident.
The coverage shall automaticalty be restored immediately after the occurance
of any accident or loss from which liability may thereafter accrue and the
City of St. Paul shall be notified 10 days in advance of the cancellation of the
insurance coverage by the issuing insurance company;
f. That said permittee shall furnish a bond to the City of Saint Paul in
the sum of five thousand dollars ($5,000.00) cond�tioned to comply with all the
terms of this ordinance and to indemnify said City from all liability, costs
and expenses that may accrue, 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 incidental to its
execution including but not limited to addendums, award of contract, sum of
contract, "as built" plans and tracings;
h. That said permittee shali notify the Construction Engineer of the
Departmsnt 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 o`r presence of the
tree planters provided for herein;
j . That said permittee shall notify the Traffic Bureau of the Department
of Public Works if the construction, operation and maintenance of said tree
planters shall make necessary the closing of Smith Avenue or Walnut Street or
part thereof; all expenses incurred by the Traffic Bureau in furnishing, in-
stalling, and removing of barricades, signs and other control devices, shall
be paid by the permittee;
� �
�9°���x��;
-2-
shali be issued by an insurance company licensed to do business in the
state of Minnesota and the premium and all expenses incidental thereto
shall be paid p�omptly by the permittee initially and on renewal . Eefore
the exoiration, said permittee shal ) deposit with the City of St. Paul a
new certificate to replace any expiring insurance. The permittee and the
City shall be named as joint insured in an amount not less than the following
coverage:
Qodily injury insurance (including deatli) in an amount
of not less than $100,0�0.00 for a11 damages arising
out of bodily inJuries to ar death of one person,
and subject to the same limit for each person fn a
total amount of not less than $300,000.00 on account
of any one acc i dent. �'��'+����
Prop�rty damage insurance in an ar�ount of not less than
$5�,040.04 for all damages to or destruction of property
tn any one accident.
The coverage shall autonatically be restored immed3ately after the occurance
of any accident or loss from which liability may thereafter accr�e and the
City of St. Paul shall be notlfied 10 days in advance of the canceliatton of the
insurance coverage by the issuing insurance company;
f. That said permittee shall furntsh a bond to the City of Saint Paul in
the sum of five thousand dollars ($5,000.00) conditioned to comply with all the
terms of thts ordinance and to indamnify 5aid City from all liability, costs
and expenses that may accrue, occasioned by the making of the improvement or
arising out of the same;
g. 7hat said �ermittee shall furnish the Department of Qublic Works all
documents of record that are a part of the Contract or incidental to its
execution including but not limited to addendums, award of contract, sum of
contract, "as built" plans and tracings;
h. That said permittee shail nottfy the Construction Engineer of the
�Jepartment af Public tJorks when the construction starts and noti�y the same
said Construction Engineer when proJect has been completed to allr�w for a final
inspection;
i . That said permittee shall , during the term of this permit, re5tore
and repair all properfiy, whether public or private, damaged or which may be
damaged due to the construction, oparation and maintenance or presence of the
treE planters provided for herein;
j . That said permittee shsll notify the Traffic �3ureau of th� aepartment
of Public Works if the construction, operation and maintenance of said tree
planters shall make necessary the closing of Smith Avenue or Wainut Street or
part thereof; alt expenses incurred by the Traffic ►3ureau in furnishing, in-
stallin�, and removing of barricades, signs and oth�r control devices, shall
be paid by th� permittee;
/�'' .� � ` , ' ,, . . %/
I sf ' 2nd
Laid over to
�i �1
3rd and app `�—Adopted
Yeas Nays Yeas Nays
Butler Butler
Carlson � Carfsvrr"'(/f/"�
� g�
Levine �� � Levine
Meredith Meredith /�
V
Sprafka Sprafka
Tedesco Tedesco
Mr. President McCarty Mr. President McCarty
O
:,;�
�/ � r `; r
J
Nov. 23, �-971
St. Luke'� I�oapital
3(� �.'].eaaant ,Ave.
st. Paul, Mi�tesota .
Gentiem�nt
We encla�e a cogy af Ordinance i�o. 1�+95a grat�;tit�g yciu psrrai�eian to
construct� operate and ma3n�a� 1Q tree pl.antere in the publ,ia
a��.dewatk with 3 loc�ted on the we�t �3de af Walnnt St. b�tween
Smith Ave. and W. Seventh.S�. and the r�ma.ining ? locatefl on
the south aide a�' Sm3th Ave. ba�ween 3hex�n St. and Wa1�,4t St.
and Council Fi].e No. 25619d per�ainiag to the same matter;
al.ao bill in �Cha total sum o� $�+�.50 �o cover �he eost of
publication o�' this ordinance and the resolution,
We call your epecial atteutioa to Paragraphs Y' and p of Seqtia� 2
which require the Piling of � bcsnd in �he amoutit specif`ied and
the filing oP �n acceptance of the terms of thi.� ordinance,
T� acceptance �t b� Pi1ed in this office, Room 3�6� City! Ha].].,
with 30 daFys. IP not s�o filed� the ardinance becomea void.
Very trtil�,y yottrs�
City Clerk
ng
°��- �
��+.�.�n�
�;�,.
-2-
shall be issued b an insurance com n li /� ��
y pa y censed to do business �n the �
state of Minnesota and the premium and all expenses incidental thereto
shall be paid promptly by the permittee initially and on renewal . Before
the expiration, said permittee shall deposit with the City of St. Paul a
new certificate to replace any expiring insurance. The permittee and the
City shall be named as joint insured in an amount not less than the following
coverage:
Bodily injury insurance (including death) in an amount
of not less than $100,000.00 for all damages arising
out of bodily injuries to or death of one person,
and subject to the same limit for each person in a
total amount of not less than $300,400.00 on account
of any one accident. �
Property damage insurance in an amount of not less than
$50,000.00 for all damages to or destruction of property
in any one accident.
The coverage shall automatically be restored immediately after the occurance
of any accident or loss from which liability may thereafter accrue and the
City of St. Paul shall be notified 10 days in advance of the cancellation of the
insurance coverage by the issuing insurance company;
f. That said permittee shall furnish a bond to the City of Saint Paul in
the sum of five thousand dollars ($5,000.00) cond�tioned to comply with all the
terms of this ordinance and to indemnify said City from all liability, costs
and expenses that may accrue, occasioned by the making of the improvement or
arising out of the same;
g. That said permittee shall furnish the Department of Public Works al )
documents of record that are a part of the Contract or incidental to its
execution including but not 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 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
tree planters provided for herein;
j . That said permittee shall notify the Traffic Bureau of the Department
of Public Works if the construction, operation and maintenance of said tree
planters shall make necessary the closing of Smith Avenue or Walnut Street or
part thereof; all expenses incurred by the Traffic Bureau in furnishing, in-
stalling, and removing of barricades, signs and other control devices, shall
be paid by the permittee;
���r����
-2-
shail be issued by an insurance company licensed to do bustness tn the
state of Minnesota and the premium and all expenses incidental thereto
shall be paid promptly by the permittee inttially and on renewat . Eefore
the expiration, said permittee shall deposit with the City of St. Paul a
ne�► certificaCe ta reptace any expiring insurance. The permittee and the
City shalt be namecl as joint insured in an amount not iess than the following
coverage:
Qodily injury insurance (including deatl�) in an amount
of not less than $14�J,040.00 for all damages arising
out of badily inJuries to or death af one person,
a�d subject to the same limit for each person in a
total amount of not less than $300,OOQ.04 on account
of any one acc i dent. "������ ��~�
Prop�rty damage insurance in an amount of not less than
$5�,000.04 for a11 damages to or destruction af property
In any one accident.
The coverage shall autonatically be restored immediately after the occurance
of any accident or loss from which liabitity may thereafter accrue and the
City of St. Paul shall be notified 10 days in advance of the can.cellation of the
insurance coverage by the issuing insurance cor.ipany;
f. That said permittee shalt furnish a bond to the City of Saint Paul in
the sum ef fiv� thousand dollars ($5,000.00) conditionec3 to compiy with all the
terms of this ordinance and to indemnify said City from all liability, costs
and expenses that may accrue, occasioned by the making of the impravement or
arisinc� out of the same;
g. 7hat said psrmittee shall furnish the Departm�nt of f'ublic Works all
dacuments of record that are a part of the Contract or incidental to its
execution including but not limited to addendums, award of contract, sum of
contract, "as built" plans and tracings;
h. 7hat said permittee shatl notify the Construction Engineer of the
Department of Public tJorks when the construction starts and nottfy the same
sald Consfiruction Engineer when pro)ect has been completed to a11i�4d for a final
inspection;
i . Th�t said permittee shali , during the term of this permit, restore
and repair all property, whether nublic or private, damaged or which may be
damaged due to th� construction, operation and maintenance or presence of the
tree planters provided for herein ;
J . That said permittee shall notify the Traffic Rureau of th� aepartment
of Public Works if the construction, operation and maintenance of said tree
planters shail make necessary the closing of Smith Avenua or Wainut Street or
part thereof; all expenses incurred by the Traffic 3ureau in furnishing, in-
stalling, and removing of barrtcades , signs �nd oth�r control devices , shall
be paid by the permittee;