250104 o�n.�'so a�,c�� �
, .
` ' � ORDINANCE
` r �5�� �,
COUNCIL FILE NO
PRESENTED BY Robert F. Sprafk � ORDINANCE NO /��U
An Ordinance granting permission to Macalester College to construct,
operate and maintain a 4" underground steel pipe according to the plans and
specifications approved by and on file with the Department of Public Works,
across Macalester Street in connection with their property at Lincoln Avenue
and Macalester Street in the City of St. Paul , Minnesota.
THE COUNCII OF THE CITY OF ST. PAUL DOES ORDAIN:
SECTION 1
That permission and authority are hereby granted to Macalester College
to construct, operate and maintain a 4" underground steel pipe, according
to the plans and specifications approved by and on file with fihe Department of
Public Works, across Macalester Street in connection with their property at
Lincoln Avenue and Macalester Streat, St. Paul , Minnesota, said 4" underground
steel pipe to be constructed with the grade and elevation of said.pipe to be
compatible with existing ufiilities and located as shown on the plan on file in
� the Department of Public Works. J
� SECTION 2
NThat the Commissioner of Public Works is hereby authorized to issue a
permit to Macalester College for the construction, operation and maintenance
of said 4" underground steel pipe, according to the plans and specifications.
approved by and on file with the Department of Public Works, upon and subject
to the following terms and conditions:
a. That said permittee shall construct said 4" underground steel pipe,
entirely at its own expense an�l to the satisfactio� of the Commissioner of
Public Works and in accordance with the approved plans and specifications
marked MC-1 of Macalester College plans on file in the Department of Public
Works, such construction shall be made in strict compliance with the City of
St. Paul Electrical Code and be authorized under a building permit issued
by the Department of Parks, Recreation and Public Buildings;
b. Said permittee shall pay the cost for the publication of this ordinance;
c. That said permittee shall pay the cost of administration, engineering
and inspection of said work, said costs to be accounted for under Department of
Public Works Project Number E-1065;
d. That said permittee shall praperly 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 origa_nal condition;
Yeas Councilmen Nays Pasaed by the Counci�
Butler
Carlson Tn Favor
Levine
Meredith
Sprafka Againat
Tedesco
Mr. President (McCarty) Approved:
Attest:
City Clerk Ma
��
Form a�proved Corpor��ion Counse y ,1.,.
�
Orldnal to City Cleek `
. �- ' w - ORDINANCE �5�� ��
' COUNCIL FILE NO
PRESENTED BY Robert F. Sprafk�� �('.�J �: ORDINANCE NO �
�� k
�..
Page 2 J
e. That said perrnittee expressly agrees and undertakes to fully indemnify,
hold harmless and defend the Ctty of Saint Paul , its agents, officers and
employees from any and all damages, claims, losses, judgments, suits or e�cpenses
arising out of or occasioned by the construction, operation and maintenance of
said 4" underground steel pipe, according to the plans and specifications approved
by and on file with the Department of Public Works, and by the pesrmission and
authority granted herein;
f. That said permittee shall furnish the Department of Public Works, upon
request, atl documents of record that are a part of the Contract or incidental to
its eacecution including, but not limited to, addendums, award of contract, sum of
contract, "as built"' plans and tracings;
g. That said permittee shall notify the Construction Engineer of the Department
of Public Works when the construction starts and nofiify the same said Construction
Engineer when project has been completed to allow for a final inspection;
h. That said permittee shall , during the term of this permit, restore and
repair ail property, whether public or privafie, damaged or which may be d�maged
�� due to the construction, operation and maintenance or presence of the 4"
n� underground steel pipe provided for herein;
��
i. That said permittee shall remove the said 4" underground steel pipe,
according to the plans and specifications approved by and on file with the
Department of Public Works, or part thereof in such manner as is satisfactory
to the Commissioner of Public Works whenever the City Council of Saint Paul shall
so order;
j. That said permittee shall not proceed with construction unless and until
said permittee shall have fuliy complied with the provisioas regarding insurance
and indemnification contained in the City of Saint Paul , Department of Public Works
Specifications for Street and Sewer Construction, dated April l , 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 substituted
for the word "contractor", wherever the same appears in the aforesaid Sectton 1.44
as amended. Said Section 1.44, as amended, of the Specifications for Street and
Sewer Construction i� 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
Corporatlon Counsel of the City of Saint Paul may direct, and the documents
required by the aforesaid Section 1.44, shali , after submission to the Corporatio�
Counsel , be filed i� the office of the Comptroller of the City of Saint Paul;
k. That said permittee shali submit bond and insurance documents to the
Office Engineer of the Department of Public Works; and
Yeas Councilmen Nays Passed by the Council
Butler
Carlson Tn Favor
Levine
Meredith Against
Sprafka
Tedesco
Mr. President (McCarty) Approved:
Atteat: "
City Clerk Mayor
��
Form approved Corpor��ion Counse y
, .aerk • \
- ORDINANCE �5����
COUNCIL FILE NO
PRESENTED BY Robert F. Sprafka �. J\��. ORDINANCE NO /f ��(
�
Page 3
l. That said permittee shall furnish and deliver to the City of Saint
Paul a surety bond in the amount of Five Thousand Dollars ($5,000.00)
conditioned upon the permittee complying with all the terms and conditions
of this ordinance and to i�demnify, defend and save harmless the City of Saint
Paul from all losses, liability, jud�nents, suits, costs, charges, damages or
expenses that may accrue to persons or property or the City arising out of
or growing out of the construction, presence, maintenance, repair and removal
of the 4" steel pipe, which surety bond shall remain in force and effect so
long as the 4" steel pipe or any part thereof remains in that portion of Macalester
Street as shown on plans on file with the Department of Public Works;
� m. That the said permittee shall , within thirty (30) days after the
' passage of this ordinance, file a written acceptance thereof with the City
� Clerk.
� S ECT I ON
.,,,
This ordinance shali take effect and be in force thirty (30) days from and
after its passage, approvai and publication.
SEP 2 1.97�
Yeas Councilmen Nays Passed by the Council
Butler
Caxlson Q _In Favor
Levine
Meredith (� Against
Sprafka
T���° 2 1910
. Preside�Mc y) Appr SEP
" � � ,
���_.
C' Clerk Mayor
�� : ____.,w,_- __�
Form a�proved Corpor�►�ion Counsel By
pt�t�st� gEp 51970
���,�;�,��,� •� 250��5 t
. ., cinr oF sT. PAUL ��N�� No,
ti OFFICE OF THE CITY CLERK
COUNCIL RESOLUTION—GENERAL FORM
c�►��"u°o ER �o�ert F. apnl�ka
oATF
�50��U4
MIt1�A8, M Or'din�na�, C. I�. Ne. . �rantlry MrrissiM
to N�eit�st�r Coll�� to e�sewtt, op�nt� M A� A � M� a�rlh�wd
stMl pIM a�rdtn� �o tM plans a� s»eTtleatiMS apr+�v� iy �1 on
ff 1• with tM Np+��t�t sf !h�►l is Morks �aross M�ql�sti� ltr�st IN+t I�
onMna au� t�lr��9t�! tM Co�wet t et tM Ctty � :t. 1hw1, aMl wi
aM�tw o� _ �11_ t� i� �thetiw �tw11y M �C_T�,�,_,,,.,_
ua+, th�n n. t
RElOI'M�O. 'tlat p�Nin� th� sa f d O�di� �a�i� �t�i�t 1 vrr, t!M
Co�wlssla�r ot hbi te lbrks is iMr�► sdd�oris�d a� et�►�.a�w �o rs:w
a Mn�it �o N�eaiqNr Ceilys te �oNStrrst, �rat� +nNi +�I�t� a y'
�wd�r�rw� stMt pip� �eaordlM to � 'taAS aur sMsitiatia� a�rowi
b�t �1 a� }i i• wttb tM O�M�nt ot Rabl ta Mbrks asross Nwt�st�r A�w
s�J�et to �eMlltle+�s and hqdt r+�ats as s�rt wt i� Ordln��s
C. F. No. prwdiey b��ore tM 6ernail s1' RM Cttyr �� it. hw1.
i�fs�l a�rrov� o ooAStructlo�, op�rattoA. ,�1 �rt� et a y►'
u�ist�roiwd stNl ptp� aa�oiMtty ter � plaes aM �p�l�iaatlau a��w�!
b�r a�i oa ti 1� Mtth tiM O�r�t ot lhrl ta Mor�cs aaross M�sal�st�r AwMrw
Miiy Mnb�r �i� t� aatieiMtiM ot tM ft�a1 a�tio� �N �ro�i of
sal� Ordi�arre�.
COUNCII�MEN Adopted by the Councii � 1 � 197019—
Yesa Nays
�' �G 18 1970 1e._._
Carlson Approve�
�� �n Favor
� Meredith � � �
Sprafka (� Mayor
A►roA1216t.
Tedesco
Mr. President, McCarty
��
�
.
Ssir�t Paul, Minns�ota
Sep�ember 8lh�t970
To the Honorable, the City Council
Sa3nt Paul, I+Iinnesota
Gentlemen:amd Cc�sr. Ba.tler:
We, the undersiga�ed, do hereby accept and agree to abide b� �,l.l
the ter�s and conditio�a of Ccnxacil �'ile l�o. 250104, being 4rdi-
sance 80. 11�581, ado�pted by the Council on September 2, 197�.
MACALffi't�R IS.�fiB
HY
�� ��a�
� o`'� .
� �
�
Sept. F?, 70
;_.��1
..�_��\
��';.---��..� `�.�
;�1acalester College ;'� '�., �,
1F�00 Grat�c� P�ve. '� � � )
St. Pau7_, '�tinnes�ta '`'� J
'�`ti,� � %
�ent lernen: � �` ' %'
,�,�
�r�e enclose a copy o�'�C)�rclinaric� No. ���i$l, �;ranti.n� you perraission
t� const.ruet, o�era��` and m�.in�.�in a �'�i'under�;raund stee7_ pipe
across t�acalester � '. in connec i� n with your property at Lincaln
°;ve. and P�Iacaleste �t. ; als� b'I� in the sum of $36.�?0 t� cove-r
the cost aP publica an of this prdin�,nce.
`�. �/�
��'e ca11 «S�p�cial a��en��;3�ei'i to Para�raphs 1 and m of .�ection �
which r� ire the filing of a bond in the r�mount speci�ied and the
Piling an accept ce of the terms af this ardi�ance. The a,ccep-
tance st be filed n this oPPice� Room 386, City Hall, T>>ithin
thirty 0) days. not sa filed, the orclinanc;e becomes void.
�w."°`"`"N--°° Very truly yours,
City Clerk
ng
� '
� I st � � 2nd � S
Laid over to
3rd and app. �� �_Adopted � �
Yeas Nays eas Nays
Butler Butler
Carlson f,������Carlson
Levine � Levine
Meredifih Vvleredith
Sprafka � �Sprafka
Tedesco 4`Tedesco �
Mr. President McCarty �Mr. President McCarty
O