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246728 O�"�+1 to City Clerk w `' � � � ORDINANCE ` � ,�46'�� Q COUNCIL FILE NO PRESENTED BY v ORDINANCE NO / � An ordinance granting permission to the �ort Authority of �he C3.ty of Saint Paul to construc� and maintain a �ingle railroad track across P1ato Boulevard between Robert �treet and Eva Street and to construct neeessa�9 drainage structures at that loeation. TH� C�t�GIL OF TT�,E CITY OF SAI1� PAiJL D�ES ORDAIN: , �EC�TOI� 1 Tha� permiss3on and au�hority are her�by granted to tlae Port Au�horit� of the City of Saint Paul to conatruet a�d ma3.M��.in a single railrcaad track �.cros� P3.��o Boulevard b�tw�en Rob�r°t Street and Eva Stree� and to cor�struct neces- sary drain�.ge structures at t�at loca�ion. SEG'�ZO�T 2 �hat the �omm�asioner of Publ�.c Wo�ks is hereby a�ithoriz�d to i�au+� a perm�.t �o the Port Authorits of' the �ity of Saint Paul for �he eons�ruc��on and maint�nance of said railroad st�eet cr�ossir�g inel�din� ��cessar� drainage structu�es s�b- �ect to �he followin� p�avisions, terms and condition�: a. Tha� said p�rm�ttee sha11 construct �aid rail- . road ��aek i�cluding._r�ece�sar�r drainage structur�es, en- tirely at its own ��pense, under the supe rv3sion and to the �atisfaci�ion of �he Con3mi�sioner of Public Works, ' and in aceordan�e with the approved plan� �.nd specifi- eations, marked Exeavation and Fill for Railroad �raek � I�o. 1 in Rivervi�tx Industrial Park, Ar�a 1, for �he � � Port Authority of the City of Saint Paul, MiMn��ot�., • dated �c�ober 15, 1g69, said plans and sp�cif3.cations b�in� on file 3n the Department of Public Wor°ks; b. �hat said permittee shall pay the cost of publi- cation of this ordiMance and al1 �esolutions passed in relation to this ordinance; c. �ha� said permittee sha11 pay the cost� of admi- nistration, engineering, ar�d inspection incurred by the Departmer�t of Public Wo�°k� b�cause of this u�de�taking. �aid cos�s to be account�d for und�r Department of P�.b1ie Works Pro�ect Number P-0528; d. �ha� said per�ittee sha11 properly protect al1 exeava.tion, bo�h day and night, so as to avoid all dama�es or in�ury to person� or proper�y, and if�he �aid s�reet is adversely affee�ed, �hall restore tha� str�et to its original condition; Yeas Councilmen Nays Passed by the Council Carlson Dalglish Meredith Tn Favor Peterson Sprafka A gainst Tedesco Mr. President (Byrne) Approved• Attest: � City Clerk Mayor �� Form approved Corporation Counsel By . r� " � . � . • �Z�� Page 2 e. That said permittee expressly ag�°e�s and under= takes to full� indemnify and hold harmless the City of Saint Paul, its �.gent�, offi�ers and employees from ang and all d�.m�.g�s, elaims, losses, �udgments, �uits or ex- pense� ari�ing out of or occasioned by the perform�,nce of the work conternplated by thi� permi��ion snd authority; f. That �sid permittee shall natify the �on�t�uction Engincer of the Department of Public Works when the con- structior� starts and notify �he same said Con�truetion Engineer when the pro�eet ha� been completed to allo� f'or a fina�l inspeetion; g. That ��.id permittee shall furnish the Depart- ment of Public Works �.11 document� of record that are a part of the Cor�tr�.ct or incid�ntal to its execu�ion in- eluding but not limited to �.dd�ndums, award of contraet, sum of contraet, "�.s built" plans and tr�.cing�; h. �hat a�.id permittee shall not proceed r�i�h the eonstruction unless and un�il said permittee shall have fullg eomplied wi�h the provisions regarding insuranc� and ind�mnification contained in the City� of Sa�nt Paul, Departm�nt of Public Works Specifications for S�reet and �ewer Construction, dated April 1, 1959, aeetion numbered 1.�� of said speeifications, as amended, applicable to con�ractors. For the purpose of this ordinance, the afo�esaid s�etion of said specifications, numbered 1.�� a� amended, shall be read as thou�h th� word "pe�mittee" was subtituted for �he word "contrac�or" wherever the same a,ppeaxs in �he aforesaid Seetion 1.��+, as amended. S�.id Section 1.��+, as amended, of' the Specifieation� for 5treet arid Sewer Construction 3n the City of Saint Paul is hereby incorpor�a�cd herein by referenee as fully �.nd as completely as if set forth h�rein v�rbatim. Proof of compliance w3.th provisions of the aforesaid �ection ahall be in sueh form as �he Co�pora�ion Counsel of the Cit9 of Saint Paul m�.y direct and the doeument� requir�d by th� afore�said Seetion 1,�� shall, after submi��ion to the Corporation Counsel, be filed in the office of the Co�ptroller of the City of Saint Paul. i. That said permittee shall ma3.nta3.n the tracks and apaee lying betweer� the rails of s�.id tracks in prop�r condition and at i�� own cost and expens�; • (�f��nal to City Clerk • , � 1� � � O R D I N A N C E �z�� COUNCIL FILE NO �RESENTED QY ORDINANCE NO � `� Page 3 �. The rights her�by g�an�ed mag be revoked or annulled and said track ordered removed by the said coun- cil of �he City of Saint Pau1 �here public ne�ess�ty shall so r�quire in wh�.ch ease a11 ri$h� and au�horit� of said Po�� Authority to r��.ir�t�.in �a3.d track shall cease and said permitt�� shall the�eupon and within nin�ty (90) days after the service �pon it of a eopy of the resolution directing such removal, take up and remove said traek and res�ore the pr�mises �o the sam� eondition as the surroundin� portlon of Plato Boulev�xd and shall p�at �he sarae in suit- able and prope� condi�ion for public trav�l; k. The permission and authority gran�ed herEin to the �°ort Author3.ty of the City of S�.i�.� Paul shall not be assignable exc�pt upon written consent thereof by the Departmeflt of Publ�c Works and an �.greem�nt on behalf of the assigni�.g partie� �o asswne the duties and obli- gations con�ained 3n �his permit and au�hori�y; SECTI01� 3 Tha� sa3.d permittee ahall, wi�hin thir�ty (30) days after the passage of th3� ordinanee, file with the City Cle��. i�s written acaeptance thereof, otherwise this ordinarice �hall have no foree or effect. s�c�sox � �his ordinanc� sha11 �ake effeet and be in fo�ce th3rty (30) day� from aMd after i�s pa��age, approval and publication, sub�ec� to the condi�ion contained in Seetion 3 hereof. JAN 6 1970 Yeas Councilmen Nays Passed by the Counci� Carlson e� �Tn Favor ��n d d Sprafka Against Tedesco ,�� 6 �.�� . P sident (B Appro — A t: -- , City erk ayor �� orm approved Corporation Counsel By " PUBLISHED JAN 10 1970 � � ._. a ` °)�� i� � �� Page 2 e. That said permittee expressly agrees and under- � , takes to fu11y indemnify and hold harmless the City of Saint Paul, its agents, officers and employees from anq and all damages, claims, losses, �udgments, su3ts or ex- penses arising out of or occasioned by the performance of the work contemplated by this permission and authority; f. That said permittee shall notify the Construction Engineer of the Department of Public Works when the con- struction starts and not3fy the same said Construction Engineer when the project has been completed to allow for a final inspection; g. That said permittee shall furnish the Depart- ment of Public Works all documents of record that axe a part of the Contract or incidental to its execution in- cluding but not limited to ad�._ndums, award of contraet, sum of contract, "as built" plans and tracings; h. That said permittee shall not proceed with the construction unless and until said permittee shall have fully complied with the provisions regarding insurance an�l i n�iamni f-i na�j.OT't c�nntai n�d i n the C�ty of Saint Paul . 1�eparLmenL oi rubii� worit� S�ecii ic;�r.i;i�u5 i ui' .�i:i=e�'i, a,iiu Sewer Construction, dated April 1, 1959, Section numbered 1.��F of said specifications, as amended, applicable to contractors. For the purpose of this ordinance, the aforesaid section of said specifications, numbered 1 .�� as amended, shall be read as though the word `�permittee" was subtituted for the word "contractor", wherever the same appears in the aforesaid Section 1.��-, as amended. Said Section 1 .�+�4, 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 prov3.sions 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.��+ shall, after submission to �he Corporation Counsel, be filed in the office of the Comptroller of the City of Saint Pau1. i, That said permittee shall maintain the traeks and space lying between the rails of s�.id tracks in proper condition and at its own cost and expense; Saint Paul, Minn. Jan. 12, 1970 To the Honorable, the City Council, Saint Paul, Minn. Gentlemen: We, the ux�dersigned, do hereby accept and a�ee to abide by all the terms and conditions of Council File No. 246728, being Ordinance No. 14374, adopted by the Council on January 6� 1970. PORT AUTHORITY OF THE CITY OF ST. PAUL �, ? �,, , PORT AUTHORITY OF TNE CITY OF SAINT PAUL 1130 MINNESOTA BUILDING, 4TH AND CEDAR, SAINT PAUL, MINN. 55101, PHONE (612) 224-5686 January 13, 1970 Mr. Harry Marshall, City Clerk 386 City Hall and Court House St. Paul, Minnesota 55102 Dear Mr. Marshall: We are returning herewith your signed copy of the acceptance and agreement referring to Couneil File No. 246728 being Ordinance No. 14374. If you have any questions regarding this matter, please call me. Very truly yours, � �!� , ��-,� ��.'`�"-`F� . Richaxd A. Gierdal Engineering Technician II RAG:mks enc. FRANK D. MARZITELLI EUGENE A. KRAUT FRANK E. CLAWSON FRANCIS D. HAGEN EXECUTIVE VICE PRESIDENT ASSISTANT EXECUTIVE VICE VRESIDENT DIRECTOR. INOUSTRIAL DEVELOPMENT CHIEF ENGINEER COMMISSIONERS RICHARD C. RADMAN LOU15 M. MEYERS GERALD J. ISAACS H. WILLIAM BLAKE ROBERT F. PETENSON HAROLD L. RUTCHICK VIGTOX J. TEDESCO PRESIDENT VICE PRESIDENT SECRETARY TREASURER LEGISLATIVE ADVIEORE JOHN TRACV ANDERSON, STATE SENATOR RIGMARD RICHIE, STATE PEPRESENTATIVE `�Z Dqn�+eate to Printer ORDINANCE ,�� COUNCIL FILE NO- PRESENTED BY ORDINANCE NO �� An ordinance �ranting permission to the port Authority of the City of Saint Paul to construct and maintain a single railraacl track across Plato Boulevard between Robert Street and Eva Street and. t� construct necessary dra.inage structures at that location. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: SECTION 1 That permission and authori�y ar� he�eby granted to th� Port Au�hority of the City of Saint Pau� to construct and r�a3ntain a single rai2�oad track across P3�� Boulevard between Rober��Street and Eva Street and to construct neces- sary drainage structures at that location. SECTION 2 That the Commissioner of Public Works is hereby authorizea to issue a permit to the Port Autharity of' �he City of Saint Paul f�r the cone�ruction and maintenance �fi' sa�.d railroad street crossing includin� necessary drainage struetures sub- ,ject to the fallowing pr�viaions, terms anc� conditions : a. That said permittee shall construct said rail- :.°� road track including necessary drainage structures, en- tirely at its own expense, under the supe rvision a.nd to the satisfaction of the Commissioner of Public Works, and in accordance with the approved plans and specifi- cations, marked Excavation and Fi11 for Railroad Track No. 1 in Rivervi�w Industrial Park, Ar�a l, f�r the Port Authority of the City Qf Saint Paul, Minnesota, � dat�d October 15, 1969, said plans and specifications �� being on �ilE in the �epartment �f Public Works; b. That said permitte� shall pa.y the cost of publi- cation of th:Ls ordinance and all r�solutions passed in rela.tion to this ordinance; c. That said permittee ahall pay the costs of admi- nistration, �ngineering, and inspection 3neurred by the Department of Public Works because oi' this undertaking. Said costs to be accounted for under Department of Public Worka Pro�ect Number F=0528; d. That sa3d permittee shall properly protect al1 excavation, both day and night, s� a� to avoid a11 da.mages or in�ury to persons or property, and if the aa3c1 street is adversely affected, sha11 restore that street to i�s original condition; Yeas Councilmen Nays Passed by the Council Carlson Dalgliah In Favor Meredith Peterson Againat Sprafka Tedeaco Mr. President (Byrne) Approved: — Attest: City Clerk Mayor �� Form approved Corporation Counsel By Daulicate to Printer ORDINANCE A��.:��5�� COUNCIL FILE NO PRESENTED BY ORDINANCE NO�� Page 3 ,� . The ri�hts hereby �ranted may be revoked or annulled ��d said traek ordered removed by the said coun- cil of the City of Saint Paul where public neceasity shall so require in which case �11 ri$ht and authority of said Port Authority to maintain said track sha.11 ceas� and said perriitte� shall 'thereupon and within n3.nety (�0) days after the service upon it of a copy of the res�luti�n directing such rem�val, take up and remove said track and restore the premises to the same condition as �he surrounding portion of Plato Boulevard and ahall put the smme in suit- �b1� .Cnd proper condition for pub].ic travel; k. The permission and authority granted herein t� the Port Autharity of the City of Sa3nt Paul sha11 n�t be as�ignable exedpt upon written consent thereof by the Department of Public V�arks and an agreement on behalf of the ass3.gnin� parties to assume the duties and ob13- gations e�ntained in this permit and authority; SECTION 3 Tha� said permittee ahall, wtthin thirty (3Q) days af'ter the passage �f this ordinance, file with the City Clerk its written acdeptance thereof, otherwise this ordinance shall have no force �r effect. SECTION � This �rdinance �ha7.1 take effect and be in force thirty (30) days from and after its passage, approval and publication, sub�ect t4 the condition contained in Seetion 3 hereof. ��.� ;� ,1�� Yeas Councilmen Nays Passed by the Council Carlson �� Tn Favor Meredith �� Against Sprafka Tedesco �a �� ,: .. Mr. President (Byrne) Approved: Attest: City Clerk Mayor O Form approved Corporation Counsel By � �� v-� '\ � r� Jan. 12, 1970. ��p y � /..�." � ._..."._.._,..,,Y�. ,\� Port Authority af th� City ��,�� --- t of Se.int Paul, Minnesota, !--�-~� �' �, �� Minnesota Buildin�,, �, � � St. Pa.ul, Minn. 55101. ;:'� f � i/'�; Gentl.emen: ,~�'\\ f'�£ \,q'\,,' .�' tde enclase a��"� ,�.�,�f,Ordi � e No. 1437�+ granting you permission to co �"ruct an in�; ' a single r�ilroad track acro�s P1�to �d. betwee obert and Fva Streets, ancl to construct necess` y dr€aina�;e ructures at that locatiaz2; also a i;ill in the of$�g.75 o cover the cost af p�xb- lication of this or nce. ,; '��-w�.�.� � � � ,�Trt� ca11 ,y<�tzr ��£ion to Paragraph h of Section 2 pertai ta insur�, e�. We �,Iso call �rour attenti�n to Section which requ �$ the Pili.ng af an acceptance of the terms o this ardi e in this office, Roo�n 386, City ?i,�lls within days. If �a(Qt eo t�i�a, the ordinanc� becomes vo�f.d.. `. . ,. .-�...�.... .�, -.�.�-�'. Very tru�.y your�, City Clerk hp /-�= �� I st �� " , 2nd . „ Laid�over to /.� � ' 3rd and app '� � ._._Adopted ' 7 0 Yeas Nays Yeas Nays Carlson Carlson Dalglish !�. Meredith s)��g'� Meredith /.r l�+ V Peterson �'°r�e#sr�n v � Sprafka Sprafka Tedesco Tedesco Mr. President Byrne Mr. Presidenf Byrne O