232217 ; �
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r ORIGINAL TO CI'}N CLERK 23���F�
,j � CITY OF ST. PAUL FOENCIL NO. _
OFFICE OF THE CITY CLERK
� N IL RESOLU N ENERAL FORM �
PRESENTED BY
COMMISSIONE ATF --
�
WHEREAS, the City of St. Paul in April�and May of 1965 was
confronted by a flood, subsec{uently declared a major disaster; and
WHEREAS, the City of St. Paul originally made application for
disaster assistance under Public Law 81-875• to defray costs and expenses
incurred in meeting the flood emergency; and
WHEREAS, Supplement No. 2 to the aforesaid application i.nvolved
items of cost incurred i.n protecting grain storage £acilities and grai.n
belongi.ng to the Farmers Union Gr� Terminal Association and to the Linited
States Government respectively, which application was denied by the Regional
Office of the Offi,ce of Emergency Planning; and
WHEREAS, a subsequent resubmission of this application on December 30,
1965, was denied by the Director o€ the Office of Emergency Planning on
April 20, 1966, on the basis that the facts did not, in the opinion of the
Director, show that the work was perforared under the supervision of, or
within the responsibility of the� G�ity of St. Paul; and
IYI�REAS, the City of St. Paul could, within its discretionary
police powers have made provision to protect the property of the Farmers
Union Grain Terminal Association and of the U.S. Government through city
resources and work forces if it had so chosen, butthat the city instead �
� . permitted and �encouraged the Association to pr,otect the facilities and
� grain as a delegee of the city, thus facilita�i.ng the protection not only
� of the properties owned by the Association but also those owned by the '
� � Federal govermnent and the City of Sti. Paul including, but not limited to,
o � Shepard Road. GTA's:work was�performed un$er the constant daily supervision
�, � of and coordination with city engineers, elec�ed officials and other persons
o , c involved in flood control work; now, therefore; be it
, m
_ � RESOLVED, that this City Council states that had resources been
� available it would have baen the City of 5t. Paul�s responsibility to protect
fD tlie grain storage facilities holding federally owned grain and that the
. City of St. Paul faced by said emergency•tvas unable itsel£ to furnish adequate
protection to all �citizens of the area and therefore it had the right to
delegate the work to Farmers Union Grain Terminal Assaciation; that'`the
City of St. Paul, under its police powers, used its discretion to protect
said elevator because:�
COUNCILMEN �
� Adopted by the Council 19_
Yeas - Nays ,�,
Carlson �
Dalglish Approved 19—
� Holland
Meredith7•� , Tn Favor
%,,,
- Petersoi� �•�.' ,� - - Mayor
Tedesco A gainst
. , . '� _
Mr. President, Byrne �
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, , - ' �22
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2322�'�
Page. 2.. ,
1. the protecti,t�e work preYented the lo$s of approxi.mately
2 1/Z m�llion dollars worth o£µgz�i.n--owned by the United States Goverrm►ent
and hence b�+ all the citizens of the United States; -
• 2. the protective work prevented storage tanks from rupturi.ng,
. thus preuenting grain from clogging city sewers, �contaminating rivers, �
creati,ng naxious odors, and cFiusing an enormous clean-up job;
3. the protective work prevented ruptured tanks from endangering
the lives of other citizens and property �,n the near yicinity; '
4.. the protective work prevented concrete structures bordering
the public highway from being toppled onto the public roadway and into �
the navigable wa.ters of the Mississippi River, thu� preventing probable
damage �to bridges and roads; �
� 'S. the protective work was instrumental i,n.repairing holes •
in �the pavement and roadb,ed o,f;.,Shepard Road., thus minimizi.ng_the amount .,
of futuxa .repairs; � ------- -- - -- _ -- - . _ _ _.. _. _ .. ._
,_, � 6. the protective work kept a major business in St. Paul� functioni.ng
so that the jobs of many St. Paul citizens were preserved and the real estate �
value of a major City taxpayer praserved; .
• 7.� the protective work kept opex�tive adjoining railroad tracks,
thus continuing the flow of interstate commerce; � �,
ibeit
�URTHER RESOL�D, that the City of St. Qaul, through its duly
elected Council, hereby expreSSly recogn3zes that aIl action taken by
Farmers Union Grain Terminal Association wa� done wi,th the ccancurrence a�d
• almost constant daily supervision of the City Engineers, eleGted officials, ,
and other..persons involued in flood control work; .be it .
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, ORIGINAL TO C1T1rCLERK 2�22��
�, ' -' • CITY OF ST. PAUL FILENCIL NO.
OFFICE OF THE CITY CLERK
. . COUNCIL RESOLUTION—GENERAL FORM
PRESENTED BY
COMMISSIONER DATE
Page 3.
,
FURTHER RESOLVED, that the City of St. Paul, thraugh its duly
elected Council, hereby expressly recognize� the value of the work performed
by Farmers Union Grain Terminal Associ.ation in protecti.ng public property
and affirms that the flood protection work performed by the Association
was within the discretionary police power of the City to perform, had it
so chosen, and reasserts its position that the Association ought to be
reimbursed by the Office of Emergency Planning for the costs of such work
under the provisions of Public Law 875� in the amount of $105,798.61; and
be it
FURTF�R RESOLVED, that the City Council directs the proper City
officers to take appropriate measures to reinstitute and resubmit Supplement
No. 2, for disaster assistance, with the Office of Emergency Planning.
�
� FEB 2 81967
COUNCILMEN Adopted by the Council I9—
Yeas Nays
Carlson
Dalglish FE��81961
Approved 19_
Holland
Meredith -�.—In Favor
Peteraon • Mayor
� •
Tedesco A gainst
Mr. President, Byrne PUBLISH�ED MAR 4 �96,�
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