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249547 Orisinsl to City Clerk , � � �} � �� ORDINANCE 249�4`7 COUNCIL FILE NO. PRESEIVTED � • � '�-� ORDINANCE NO � ` Aid ORDIPiANCE GRANTIPIG PERMISSION TO MACALESTER COLLEGE, GRAND AVENUE AND SNELLING AVENUE $OUfH, SAINT PAUL, MINNESOTA, TO CONSTRUCT, OPERATE AND MAINTAIN A 20 INCH DIAMETER UNDERGROUND ELECTRICAL FEEDER AT A REPTH OF APPROXIMATELY 3 1/2 FEET � ACROSS GRAND AVENUE, APPROXIMATELY 22 FEET WESTERLY FROM THE WESTERLY RIGHT-OF-WAY LINE OF ' SNELLING AVENlIE. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORD�:IN: Section 1 . That permission� and author�ty are hereby granted to hiacalester College, Gran d Avenue and Snelling Avenue South, Saint Paul, Minnesota, to construct, operate and ma�tntain a 20 9nch diameter underground electrical feeder at a depth of approximately 3 1/Z feet across Grand Avenue, agproximatel,y 22 feet westerly from the westerly right-of-way line of Snelling Avenue. Section 2. That the Commissioner of Public Works is hereby authorized to issue a permit to Macalester College for the construction, operation and maintenance of said underground electrical feeder upan and sub�ect to the following terms and conditions: a. That said permittee sha11 construct said electrical feeder entirely at its own expense, under the su�ervision and to the satisfaction of the Commissioner of Public Works and in accordance with the approved plans and specifications of Macalester College on fi-1e in the Department of Public blorks; such construction shall be made in strict compliance with the City of St. Paul Electrical Code and be authorized under a permit issued by the Department of Parks, Recreation and Public Buildings. b. That said permittee shall pay the cost of administration, engineering and inspection of said work, and for the publication of this ordinance. c. 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, s�dewalks and boulevards to their oriqinal condition; d. That said permittee expressly agrees and undertakes to fully indernnify, hold harmless and defend the City of Saint Pau1, its aqents, officers and anployees from any and all damages, claims, losses, judgments, suits or expenses arising out of or occasioned by the construction, operation, and maintenance of said electrical feeder and by the permission and authority granted herein; Yeas Councilmen Nays Passed by the Councit Butler Carlson Tn Favor Levine Meredith Sprafka Against Tedesco Mr. President (McCarty) Approved• Attest: � City Clerk M r �� Form approved Corporation Counsel By _ . .. . . . � . � �i��;- �� - � -2- e. That said oermittPe shall furnish a bond to the City of Saint Paul in the sum of one thousand dollars ($1 ,�D00.00) conditioned to comply with all the terms of this ordinance and to indemnifv and save harmless said Citv from all liabilitv, loss, judc�ments, suits, costs, charges and exnenses that may accrue to persons or pro�ert,Y occasioned bv thP makinq of the improvement or arising out of the same; f. Tl�at said permittee shall furnish the De�artrient of Public Works all documents of r�cord that are a aart of the Contract or incidental to its execution including but not limited� to addendums, a�vard of c�ntract, sum of contract, "as built" plans and tracinqs; q. That said nermittee shall n�tifv the Canstruction Fnc�ineer of the Deqartment of Public Ulorks ��hPn the construction starts and notifv the same said Construction Engineer t��h�n project has been comnleted to allow for a final inspection. h. That said nermittee shall , during the term of thiS permit, restore and repair all pronerty, whether public or private, damaged or which mav be < damaged due to the construction, oneration and maintenance or presence af the electrical feeder provided for herein; i . That said permittee shall notif.y the Traffic E�ureau of the Denartment of Public bJorks if the construction, oneration and maintenance of said electrical feeder shall make necessary the closing of Grand Avenue or part of; all exnenses incurred by the Traffic Bureau in furnishing, installing and removing of harricades, siqns and other control devices, shall be naid by the �ermittee; j. That said nermittee shall remove t��e electrical feeder vr �art thereof in such manner as is satisfactory to the Corm�issioner of Public 6�'orks whPnever the City Council shall so order; k. That said permittee shall not nrdceed with construction unless and until said nermittee shall have fully comnlied t�vith the provisions re�arding insurance and indemnification contained in the Citv of Saint Paul , Den�rtrient of Public l�lorks Specifications for Street and Sewer Construction, dated Anril 1 , 1959, Section numbered 1 .44 of said snecifications, as amended, applicable to contractors. For the purnose of this ordinance, the aforesaid section of said snecifications, number 1 .44, as amended, shall be read as thouc�h the word "permittee° was substituted for the v�ord "contractor", r��herever the same apnears in the aforesaid Section 1 .44, as amended. Said Section 1 .44, as amended, of the Snecifications for Street and Sewer Construction in the Citv of Saint Paul is hereby incorporated herein bv reference as fu11v and as completely as if set forth herein v�rbatim. Proof of compliance with provisions of the aforesaid section shall be in such form as the Cor�oration Counsel of the Cit,y of Saint Paul may direct and the documents rec�uired hy the afor�said Section 1 .44 shall , after submission to the Corooration Counsel , � filed in the office of the Comptroller of the City of Saint faul . Orl�insl to CitY Clerk . .. , . � � . . �� • ORDINANCE r. ' COUNCIL FILE NO 249L �� PRESENTED BY ORDINANCE NO ! ��J -3- 1. Tlnat said permittee shall submjt bond and insurance documents to the Office Engineer of the Department of Public Works m. That the said permittee shall, within thirt�r (30) days after the passage of this ardinance, 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. PPpR��o �se� M � F0� o��,on �° CocP �55t. ;1�lL 16 1970 Yeas Councilmen Nays Passed by the Council Butler Carlson � Tn Favor j Levine Meredith v Sprafka Against Tedesco r. Preside�(M arty) ;�� 16 1970 � Approved: � At t• '' C' Clerk May �� Form approved Corporation Counsel By PUBLISHED JUL ], $ �970 � � f � . • �l� 21� 1�0 ssi.nt Pavl., Mi�esata ?o the Hoaorable, the City Ca�ncil 8aint Pan]., I�tit�nesota Geatle�mea and Mad�sa: iie, th� tuderaig�med, do her�by acc�pt and agres to ebide by all the ter�es and conditioas of Co�aaeil P'ile ]�o. 2k9547, 'bei�g 4rdiaanee ao. 14534, �do�ted by fi1N Co�acii c� Jm]ar 16, 19�0. MA DY �'• ��'/ � . ` Harry E. Manholl °'""� Atbert B. Olsoe � City Clerk and � ��, Council Recorder Commis�sioner of Reg�istratwn � % ��. �-��, _ OFFICE OF THE CITY CLERK CITY OF SAINT PAUL RECEIVED BUREAU OF RECORDS ,� , Q S86 City Hall '��'i- `��,3 �7�� St.Paul,Minnesota 55i0,°L 6�1S�MESS OFFICE .�ly 21, 197� Macales�er College St. Patal., Minnesota Gentlemea: Atteatioa: Mr. Arthar L. 3purlock, Bnsiness Officer We enclose a ecypy of Ordina�ee No. 1453�+, Br'�tinB �rou permissic� to con- struct, operate and maintain a 20-ineh dia�eter undergrcfund electrieal feed�r at a depth oP approximately 3� feaet across Grand Ave.� approac3- mate]�r 22 Peet �resterly f'rom the westerly right-oP-i►ay line of Snelliag Ave.; also bill in the sum of $34.20 to cover the cost of publication of this ord3.nance. We call ycn�r special attentioa to Paragraphs e and m of 3ecticm 2, which require the �'iling oP a bond in the amc>wat specified and the filing of an acceptance o�' the terms of this ordinance. The aceeptance must be filed in this ofYiee, Roan 386, Ci�y gall, xithin 30 days. If nc>t so Piled, the ordinaaee beec�res void. YgrY trul,Y Y�$� �� + City Cle k � � � `_ . ��;��..�7 July ? , �.970 �-----�i �-'--`__°_ � Niac�lester Colle�e �� St. T�aul, �iinnesot� /��`, •ti�� /�'�� \ \, Gentlemen: Atten : Mr. , � thur E. Spurlocl�, nusiness OPPicer � � - i�'e enclose a copy of Oxdinar�ce N��532Fy antin� you perrnissa.on to con struct, operate �.nd maintain a 20-irr��.�.t1'��met�r undergraund el�ctrical feeder �t a depth of a�prg.�i�t[��te�y 3�� t a:cros s �rand �#ve., a�proxi- ma�tely ?2 f�et ;aest�rly,��"in th��terT3��i�ht-�f-z�ruy Zine of S��elling Ave. ; als� .��il�l in �he�s�'(m �fi��34.�� t�a c��er th� cost of pub7.ication O� 'Ci11S Ordi.rie�,T]L8• + � '•ie Ua,1_1 y�ur spec�.ay <� � nti�n ta a.�rapk�s � ,and m of Section 2, whic�� rec�u�.a j��e--" i��,��.a_�.�,>`in t;��e a.moun�L specified and the fi1.:Ln�a a�' a�r, ..cep�ce ar`��e--��rms a1 this obdinance. The acceptanc,� r,iL:s�t b� fi�'� in Eha.s o�fice, Ro�m 3�36, Ci�y Ha�_2, ;aithin 30 days. If. not 3� f':.l�e , tlze �rdi ce becomes vaid. � � \,� �� Very truly youra, � �. �.�.emf� �� City Clerk � � � . � - 7 � I st � 2nd Laid over to 3rd and app —Adopted Yeas Nays Yeas Nays ' Butler Butler Carlson � Carlson Levine `)��,,. �evine Meredith � � ��eredi+h ..�' Sprafka �prafka Tedesco � Tedesco Mr. President McCarty `iylr. President McCarly �. �O