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240390 � � ��a��o OR161NAL TO CITY CLERK - , CITY OF ST. PAUL FOENCIL NO. OFFICE OF THE CITY CLERK - . , CO NCIL RESOLUTION-GENERAL FORM PRESENTED BY COMMISSIONE • qTp / / RESOLVED, That pursuant to Ordinance No. 13574, approved March 16, 1967, the proper City officials are hereby authorized to enter into a �ontract for fire proteetion with Luther Theological Seminary, Sai.nt Paul, Mi.nnesota, a copy of whicsh contra�t is attached - hereto and made a part hereof. . � �- --- - - ,.._ 1 -. __-. _ _ _ - - �- FORM APP OV . ...�.. Asst. Carpora ion Counsei � r � �E� 2 � 196� COUNCILMEN Adopted by the Council 19— Yeas Nays car�son SEP 2 7 196� Dalglish Approved 19—_ Meredith � Tn Favor �� , Mayor �Sprafka � Tedesco A gainat _�������:.:r:..:::::::�:�� T Mr.�Vice President (Peterson)� �U����H�� o�j p 5 196� �� , � � •�-� , ����► .;, f' • ' . c e�D ^ - ' _ I - FIRE SERVICE CONTRACT THIS AGREEMENT, made and entered into this fifth day of � September � ," 196� �, by and between the. City of Saint Paul, a municipal corporation organized and existing under and by � virtue of the laws of the State of Minnesota, party of the first • part, hereinafter referred to as "City", and Luther Theological � � Seminary of St. Paul, Minnesota , , part,y__of the second part, hereinafter referred to as "Applicant" . WITNESSETH, That for and in consideration of the covenants and agreements herein contained, said City agree9 to furnish upon the �erms and conditiona hereina�ter se� forth, the equipment and _ .. , . personnel of its Fire Department for the protection of the property described aa follows :. Sub�ec� to Eustis Avenue and except Oak Wood Ramsey Co. Minn; part of South 1/2 of N.E. 1/�+ of N.W. 1/�+ south of line run from a point on East line of said South 1/2 of 1/� 1/�F Section, �0 feet from N.E. � �corner thereof; thence wes�erly in straight line . 660.�� fee� to point 35 feet south of North line of said South 1/2 of �/� 1/�+ Section; tYience north 10 . fee�; �hence west para11e1 with and �25 feet south of ' said, North line 627.��- feet to point on East side of said Eu�tie Street, in Section 20, Township 29, Range 23. , Any calls for the u�e of auch equipment and personnel shall be directed to the Fire Department of the City of Saint Paul. Upon receipt of such calls, said Fire Department shall dispatch such � equipment and personnel as in the opinion of the Fire Chief of the , Fire . Department, or in case of h3.s absence or disability, the person in active charge of the Fire Department may deem to be adequate . ' The City reserves the right to retain in th� City of Saint Paul � � such equipment and personnel as, in the opinion of the Fire Chief or � acting head of the Fire Department, may be necessary for the proper and adequate protection of the City, and shall dispatch for the ' protection of the property above described only such equipment and �personnel as in his opinion can, fot the time being, ' be � ; . . _ � - . . . ; - . , f , � nn-Y-•'T�'���`-YwM�Y:?�+�1+'�'�n=•MEY4Ta.Tt�»/ar+"4Ty+='�wvcacs� _ � -� :�••�_tk-a • ' _ '_ _ . _" _ .._r ���_.��.�����._+.���.�r��...me�sw"M���t�s��r��_t�� - _�.va=��iu.nr�.a��n.nwV.._e_.-_-i�-.sssv--__. ___�c-s�._«-r�_-a-r.�ra�/�1.�r►.e.�. � . .. . - . . • _ ,•' • • � , ' . ; ' . t - safely spared from the City; a�nd in case an emergency arises . ' , xithin the City while the equipment and personnel of' the Fire . � � Department are engaged in fighting a fire involving said . property� said Fire Chief or acting head of �the Fire Department _ may� in his discretion� recall to the City of Saint Paul from � the service of Applicant� such equipment and personnel as he . may consider in his opinion necessary to meet said emergency. In case weather or road conditions are such that in the � opinion of�said Fire Chief or acting head of the Fire Department� � equipment and per�onnel cannot be �'urnished to Applicant with . - � � reasonable safety� he may in his discretion refuse to answer . � the call of Applicant. The determination of the Fire Chief or the acting head of the Fire Department as to what equipment . � shall be furnished and whether equipment shall be withheld or � �vithdrawn� as provided herein,. shall� be fin�l and conclusive. ' � Ap�licant releases the City� its officers, agents and ' employees from all claims for damage or loss resulting from � � , failure ta furnish or delay in furnishing men or apparatus, or � fr�m failure to prevent, control or extinguish any fire �or - - conflagration whether resulting from the negligence of the City� its officers � agents or employees or otherwise. This �- _ provision is intended tocperate as a release from all claims � � � on �the part of propert owners or other ' y pe�sons having an interest in the property for which �ire protection is requested by Applicant; anc� it is understood and agreed that response to � � � - calls by the City of Saint Paul is made only upon the conditions of the release from all claims by the property owner or other f . - • � interested party� whether said calls are made by Applicant or ; - by any other 'per.son in Applicant' s behalf. . ' . -� i; � ; . . r ;�. � . , Applicant her�eby agrees to indemnify and save harmless the -;. � � -�'.�i. ' � City� its agents,"��off'icers and employees from all claims for in�ury, _ � . j•: ;i- rc; . • . � . � .y�s . , - - � . - :�� � 3: �� � - 2 � � � . . ; � � � - - . a ,. , � ;, t, �, . .� , . �. . . , t • • . . 1 i; ' .. .i . -1 .___ - ..___ • .. �-�_.��_._-��.- ._... ._�. , ..-.�__... - ""__ . i '7 � � r � _, �.�..�..•�-�-�-3--��-»--n-���......_„� =�..,.,r- - .,�.�.-=—z-��--_-�-�--�_t a � �� , � . . V , � ' + e• , i ` loss or damage �to persons or property arising out of the 'use ' � and operation of the equipment of the Saint Paul Fire Depart- ` � .► - , - ��� ment in the service of Applicant on the Applicant' s premises. - Applicant further agrees to reimburse the City for all loss . of• and damage to said equipment while being used to furnish � " services to Applicant. . Applicant agrees to pay to the City for the service � . � provided for herein� the annual minimum charges and the rates for labor and repair work and use of -equipment provided for in - , that certain ordinance enacted by the City Council of the City . � . . . . . of Saint Paul on �the 16th day of March � �9 67'� . and as amended thereto; a copy of which schedule of rates is . 8ttached hereto. Applicant agrees to pay annually� in advance� • said annual minimum charges and agrees to pay in addition . � . thereto-� within thirty days after receipt of bill therefor � . � following each particular call� such amounts as may become due � � � � for labQr� use of equipment and repair work. In case of . failure to make such payment within thirty days, the City may� � � at its option� immediately terminate, this contract. In case . of enactment of an ordinance changing said annual charges or � - said schedule of charges for labor, use of equipment and. repair - work� Applicant agrees to make payment in accordance with such • changes commencing thirty days after written notice thereof� � � ��provided, however, that such changes as to annual charges shall � . � �not be effective until the succeeding annual payment under � �, . . this contract sYiall be due. . . � � Applicant further agrees to be bound by all the terms and 'conditions of said ordinance and, upon th�rty days ' written . � notice of any amendment thereto? agrees to be bovnd by the ' , � terms and' condi�ions of such amendment. Said ordinance is, � _ - , . _ incorporated in and made a part o�. this contract by reference � - with the �same effect as if fully set �orth herein. . ; - � . . . - , � � . 3 . . . , i . . , , ..� - - , . = . >----T. - - � ' - - - - ---�--- -- � - - --_>_=- - -_='�-�- --- - - �---��---�-, -�-.r,�-:- -- - -- ---- -- - - - -- - - - - _, . - -�-�°��- - ---- -- - - -- - - - - _.. � __.�__.__�_��.�.��.���.r.�-����---- .__.- __-._�:.�.... _. �...�...---.. __�.._.__----- ----�.._.__.:__._.._.___--- � -• - ----- =-�--- . _.,,_�_ ._.- _--�--- . Y . [� � � y � � � . I .�s � . ' ' • � . ' . ' The annual charges under this contract shall be adjusted at the beginning of each year of the contract so that they ,' - v • • - � - xill conform to the charges provided for in said ordinance� on � the �basis of assessed valuation.' The statements of assessed � valuation of the property covered by this contra�ct and provided � =� for in said ordinance, shall be furnished annually at least � fifteen days prior to the exgiration of each year for-which the annual charges have been paid.� � . • � This_contract shall be for a continuous term sub�ect, . however� to cancellation by either party upon thirty days ' . � . . . . . , written notice. . - � � , ' IN WITNESS WHEREOF� the parties have hereunder set their � - . hands and seals the day and year first above written. . , � � � In Presence Of: . • CITY OF SAINT PAUL � . - , : � . ' � gy . .� � _ Mayor ' - � _ Commissioner of Public Safety � Attest � � . � � City Clerk Form Approved: • - � - � �� Countersigned: � , Special Ass �stant • � . ' � ' Corporation Counsel � City Comptroller , � , � - � � � � . ; . . � In Presence Of: Luther Theolo¢ical Seminar , �� � . � � �it�L�1-,-+-� By � � (Of cer) y� , � - . . � - (Officer) , � � _ � - � . . . � • . Approved as to form and execution � thi s � day of , � �,- �g67. � . . . � Special Assistant Corporation Counsel � � . 4 � �. . . . . _.� . . . ,... ,:. - � - - - . �.. . . ------- ---- ! _ . . :-_=__-__---------_ . --�--------_�.a-_- - . - �_�,-�-_-.----_ -- __._._ �..�-�._�.,,��..�_3�_. .. .......�.___.., .. � � i :;�'�:7.:_ ,� # ��,L'?e.�.Ui.11Ctl [uC ..... p'-.✓�(Sili.u..� ..�. ., i•...�� ��2- f�� �.'�diyl'+ LU i.u..�utitS ,.� '' 19574-E1Y Wl�l�am�E. Cnrlson- . ,to Asscsscd Valuallon. Thc contrnct I SECTION 1� ` ahall be lor a conUnuous tcrm, subjcct Chargcs for F.ryulpmcnt and i'crsonncl. !A An ordlnancc provlclln� for thc milc- � howcvrr lo c�nccll:illon by clthcr party 'nc� ch�r�cs for cqulpincnl ancl person- !ng ot contracls will� vlllagcs, othcr upon JO days' writtcn nollcc. Thc an- ncl nctu:illy usccl for firc prolcctfon ' govcrnmcnlal subdivlsions, prlvatc cor- nual charges undcr sald conlract shall for thc appllcant shall bc In accordancc poratlons, and 1n�livlcluals, for firc pro- bc adJusled at thc bcginning o( each pr�lh thc tollowlnC scludulc: tcctlon to bc turnlst�cd by tlic Firc yc�r so tt�at tlicy will contorm to thQ pumper - y200 per hour or fraction • Deparlment ol tl�e Clty of Salnt Faul cliarges apeclfied In 5ectlon 12 on lhe� - thereof. ' outslAc thc,clty Ilmlls,nnd eslabifshln[,� basls of nsscsscd valuatlon• and thc I„iddcr Truck-$2p0 per hour or frac- ' ■ tchedule ot rales to be charged atatements o[ assessecl valuation pro- tlon thereo[. : there[or. vlded for In Sectlon 1 stiall be furnished Rescue Scjuad-��00 per hour or trac- „ at ]c�st 15 days pr(or lo thc c:cplratlon tlon thcrcot. The Councll ot the Clty ol Salnt Paul ot the year for which .the annual Hose WaFons- 100 1 Docs Ordaln: SECTIOI3 1 ehnrges have been pald. ' ' . tlon thcrco[.$ per hour or frac- � ' � Ap plicants rtay APi>>Y for Flrc Pro- SECTION 8 : Foamltc - ;200 per hour or tractlon t , •� thereof. tictlon. Whenevcr any vlllage, govern- Clty to Itetain Equlpment Sutticien! The charse !or labor, apparatus and - mcntai sub�tivls(on,prlvatc corporatlon, to Proteet Ctty. Thc Ftre Chlct, or in othcr equl��ment ahall be•fi�;urcd Irom � , oz'Indlvtdual Iocatcd outsldc of the ��sc ot hls absencc or disabllity, the ' �e tlmc o( Ic�vinp thc fire statlon Lmits ot the Cfty o[ St. Paul deslres person !n active charge oL thc Flre unttl the tlme of return 4o the stalion.' • thc Clty to furnish !t or him �+•Ith fire Department, may !n his discretlon re- Drotcctlon, he or It shall make wr(tten ��n In the City, such equipmcnt and � SECTION 14 appllcatfon thcre[or to thc Flrc Dcp�rt- personncl as may in h15 opinton bc - .-..,.,,. .,c u.� cur. arocltying the cor- nccessary tor the proper and ade uate B�»>ng. The Department ot Publlc yoratc arci or the nalurc and ertent 4 Sa[ety'shall bill the applicant annuaUy ' - ot thc prop crty tor whlch such firc Protcctlon of the City, and shall � advancc on the annivcrsary datc o[ rotectlon dispatch for the protectlon of the i5 to bc turnlshed, and in each contract for the annual charQes applicant only such personnel and e case ot prtvate corporatlons and � herelnbeforc provlded tor, and shal� lndlv[duals, furnishing a legal descr(p- ,equtpment in response to fire alarms or bill the applicant lmmcdiately a[ter '' Uon ot the rcal estate upon which the ,calis by authorized persons as in his each partfcul�r response to a fire or ' building and personal property to be o�inlon can for the time betng be fire alarm Lor charges for personnei, satcly spared irom the Ctty. yrotected are located, together in all , apparatus and other equ(pment fur- � � cases wlth a statemcnt of the total •nished thereFor. Im�nediately after the � � usessed valuatlon ot s�(d real estate � SECTION 9 � � return of the personnel, apparatus and ' snd personal property or of property Cltp ,l1ay Rccall Apparatus in Emer- I equipment irom each particular fire or fncluded in sald corporate area as seacy. In case an emergency arises fire alarm, the Fire Department shall .ihown in the records of the County avtthin the Clty whlle the equtpment furnish the Commissioner o[ Public . Audltor,as of the date ot application, and personnel ot the Fire Departmentl SaEety with all the data whlch may be , safd s t a t e m e n t s to be Surnished are engaged�in fighttng a fire for the� ne�ded for the purpose of preparing '. �nnually thereatter. • applicant, the Fire Chie[ or oth�r per-� such bills. At the tlme o[ biiling the . , aon in acttve charge oi the Ftre Depart-� aPpltcant both for the annual charge • SECTION 2 ment may in hls dlscretion recall to the; and for the servlce furnished in Contract Forms to Be Fornlshed. The City from the service of the applicant response to each particular fire alarm, � Fire De artment shall thereu on fur- such equlpment and personnel as he the Commissioner ot Public Safety shall . alsh the appllcant with contract torms may In his opinion consider necessary furnish the'Fire Chief with coples ot to be made out and executed by the to meet said emergency. The deter- each of said bills. . , , � •applicant pursuant to proper authorlty mination of the Chief or the active . • t , Dy 1ts vlllage council, or other govern- �head ot the Fire Dep artment as to SECTION 15 . �g body, or !n case ot corporations 'what equlpment shall be furnished or Deposit ot Dloneys Receiced. All ' and tndividuals, by authorized persons, .withdrawn as provlded herein, shall be moncys recelved Srom the applicant !n in accordance with the terms, condi- final and concluslve. payment of charges for fire protectlon . tlons and llmitations contatned !n this ' outside of the C(ty of Sa1nt Paul are ordinance. Said contract form shall be SECTION 10 hereby dedicated and shail be crediteci � prepared by the Corporation Counsel � glll To be Pald in 30 Daps. The bllls to a Fire Fighting Equipment Trust � in accordance with the provislons ot !n payment of any charges accruing Fund. The Comptro]ler is hereby au- Sections 438.06 through 938.10, DIlnne- under the contract shall be paid withln thorized and directed to asslgn a proper sota Statutes. 3p days after recetpt thereof, and in code number theretor. . � � . SECTION 3 case of non-payment withtn that time • the City, through the Fire Chlef ot SECTION 16 S�rety Bond. ' the Fire Department, may upoq wrlt- No Charre Where Reclprocal Agree- (a) After proper execution of the con- ten notice lmmediately terminate the ment. No charge shall be imposed for - tract and its approval by the Corpora- contract. The applicant shall pay ior the use of fire equipment and personnei ' . tton Counsel, it shail be delivered to the Rre protection the sums specified �the case ot communitles maintaining ' the Fire Department of the City, to- in the schedule incorporated !n thls pyid fire ¢epartments which have se- 6ether with a surety bond in such sum ordinance, or in any amendment to . ' � as the FIre Chtef shall in his discretion. 'said schedule which sha11 be duly � and subject to the approval of ihe adopted by the City Council, prov[ded • City Councll,deem adequate, said bond thaLno amended schedule shall go into eiprocal agreements for �uch service � ' to be drawn and app rove3 as to Sorm eETect until after 30 days'�r•ritten notice ,w1th the City. Dy the Corporation Counsel. Said bond to the applicant. - thall be executed �ursuant to proper ' SECTION 17 � authority by or !n ehalf oL applicant, SECTION 11 and by a responslble surety company Special Arrangements.In special situ- authorized to do business in the State Approval ot Contract. Aiter proper • ations a•hen the fire service whtch the oi Mtnnesota. The erecution of said execution by the appltcant and ap- munictpality desires or which the City ' bond shall be approved by the Corpora- proval by the Corporation Counsel,said is ready .to fumish varles from that ' . ' tion Counsel, and the surety shall be contract and bond shall be submltted to provided for by this ordinance, par- approved by the City Council. �e City Council, and upon proper ticularly in sttuattons where the service • (b) The condlttons of said bond shall approval by the City Council shaR be �s to be furnished only in case of . be ior the payment oE•ail charges which executed by ti�e proper C�ty officials, , extreme emergency, the Clty shall be • • shall become due pursuant to the con- and a copy thereof delivered to the authorized to make a contract through tract for fire protection, for the reim- applicant. Said contract shall be in i� proper officers for such fire service . ' bursement to the City of all damages force and effect from and after execu- upon terms agreed upon•by the parttes, , ` to the equtpment used !n connection tion and deitvery by the City of Saint without reterence to the requirements , ° with the fire protection furnished to Paul. . of thts ordinance. the applicant, and for indemnifying the ' ' City, its officers, agents and employees SECTION 12 � SECTION 18 agalnst all clafms for iniury or damage Annnal Charges. Charges for 6re.pro-, If any part,sentence,or clause of this � to persons or property arising from tection shall be as follo�cs: The appii- ordinance shall be adjudged void or of ' the use oE sald equipment in furnish- cant shall pay an annual minimum no effect, for any reason whatsoever, ing fire protectton to the applicant charge of $10 for each 510,000, or irac- such deciston shall not af:ect the valid- pursuant to the contract, and for the tton thereof, of assessed valuation ot ity of any of thc remaining portions • iull pertormance by the appllcant of �e real and• personal property for of this ordinance. all the duties and obllgatfons assumed which the fire protection is to be fur- . under the contract. � nished, includtng the real estate upon SEC'TION 19 . SECT ON 4 whtch the buildings and personal prop- This ordinance shall be deemed a . � erty are located, said assessed valua- part ot the Saint Paul Leg[slative Cofle .. Condltions ot Contract. The contract tton to be deiermined by the latesi and shall be incorporated thereln and to be prepared by the Corporation figures shown on the books o[ the given an appropriate chapter and/or • Counsel shpll contaln the following County Auditor. If the annval pay- section number at the time of the next - • terms and condttions, in addition to: ments based upon assessed valuations revision oi the sa[d Legislative Code. ' tuch other terms and conditions as the� of the real and personal property pro- Corporatfon Counsel with the approva] tected shall be less than the follo�cing SECTION 20 oi the City Counctl, shall see Rt to minimum charges, then the applicant This ordtnance shall take eETect and , incorporate in said contract. shall pay in lieu thereof minimum be in torce thirty days aiter its , charges as follo�vs: ' SECTION 5 In case the applicant is an lndivIdual P�age, approval and publication. Release Cit trom Dama e Claims. or church, he or it shall pay annuaUy , � passed by the Council Diarch 16, 1967. The applicant relcases the City, its a minimum charge of $50. officers, a ents and em loyees,trom all In case the applicant !s a vlllage or Yeas-Councilmen Carison. Dalglish, C P other governmental subdi�•isioa it shall Holiand, Peterson, Tedesco, blr. Pres1- claims for damages or loss resulting pay an annual minimum chargc of$500. dent (Byrne)-b. . irom tailurc to furnish or delay in In case thc applicant is a partnersh[p, Nays-0. , • ' furnishing men or apparatus, or irom association or private corporation, e�- �� ppproved Dlarch 16, 196T. • tailure to pre�•ent, control or e:ctin- cept a church, it or they shall pay a gulsh any con[ligration, whether re- minicnum annual charge of $150. �TFYOyLAS R. BYR,TE. ' sulting irom the negllsence of the "Assocfatlon" as used in the preced- biayor. City, its officers, agents or employees, �S p��agraph shall not be construed - or othcrwlsc.Thc appltcant wlll lnd@m- as including groups of Indiv[duals K•ho Attest: , . ni[y and save harmless the City, its are associated together solely for the �A�Y E.h1ARSHALL, - otficers, agents and employees from all purpose ot fire protectlon. Such in- City Clerk. � clatms for in�ury, loss or damnge to dividuals sha11 pay the annu�l mtni- (March 16, 1967) persons or property occurring ln con- mum charge ot 5�0: but tn She discre- ____ • -- _ - • �- • -- • nectlon wlth performance oi the serv- tion of Fire Ch[ef, such lndividual5 �� lces hereunder and aris(ng out of and may ,lolntly enter into a contract and - ' caused by the ncgligent acts or omis- furnish a iolnt bond. In such case the sfons oi applicant's officers, agents or •penaity of the bond shall be in such - . - " � employces. , ' amount as thc Fire Chtet with the � _ '� � SECTION 6 approval ot thc Clty Councli, shall dcterminc will furnish adequate pro- . • � Relmbnrsc City for Damaged Equ1P- tection to the Clty. . ' ment. The appllcnnt will rclmbursc thc Thesc annual ctiarges shall be pald irrespect(ve o( whethcr the nppifcant ' Clty.tor all ]oss and damage to sald during thc ycar requires or requests . � cqulpment whlle bcing used on the the services o[ the equfpment and � premises of aPplicant in connectton personncl ot the Fire Dep�rtmcnt.Such wlth thc furnishtng o[ thc fire protcc- ciiarCcs shall bc in additlon to thc • tlon provldcd tor by the contract. � charges for equlpment and personncl _ actually used for fire protectlon for tlie'I , . ' • �? applicant. . ._..�_------ —�� ' -�-- tx: ti,. „�,,. . - '---. _.------ - -�-- --_- - -= - - .a,_...T - - --- - - - -----� -- °-' -- - -—'- _�'-_-'�``"_'--„_� -- - - �- �- - . _ _ -�-,-r--,.-r:�