229065✓ r � w _
Original -o City Clerk
ORDINANCE 229065-
COUNCIL FILE NO
PRESENTED BY ORDINANCE NO 3
An ordinance granting permission to the
Minnesota State Agricultural Society to construct,
maintain and operate a pedestrian overpass across
Como Avenue, the centerline of said overpass to
be approximately 290 feet west of the west line
of Winston Street at its junction with Como Avenue.
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN.:
Section 1. That permission and authority are hereby
granted to the Minnesota State Agricultural Society to construct
a Pedestrian Overpass across Como Avenue in the City of Saint
Paul, the centerline of said overpass to-be approximately 290
feet west of and parallel to the, west line of Winston Street
at its junction with Como Avenue.
Section 2. That the Commissioner of Public Works is
hereby authorized to issue a permit for the construction of said
Pedestrian Overpass to said Minnesota State Agricultural Society
for the construction of said Pedestrian Overpass upon its
compliance with the followingiconditions, viz:
1. Said Permittee shall construct said Pedestrian
Overpass, entirely at its own expenw, under the - supervision and
to the satisfaction of the Commissioner of Public Works, and
said Pedestrian Overpass shall be constructed in accordance with
plans approved by the Chief Engineer of the City o_f Saint Paul
and with all applicable ordinances of the City of Saint Paul;.
Statutes of the State of Minnesota and regulations of appropriate
authorities.
2. Said permittee shall, upon receipt of proper
invoices there�br, fully reimburse the City of Saint Paul on
account of all costs and expenses necessarily incurred by the
City of Saint Paul in granting this permit, including,but not
limited to costs and expenses incurred for inspection and
engineering services, and shall further reimburse said City
for the publication of this ordinance and-all resolutions
passed in relation hereunto.
3. The said permittee shall provide for the resurfacing,
in accordance with the plans and specifications of the Department of
Public Works of that part of Como Avenue and all other public streets
and alleys in the City of Saint Paul which may be disturbed as
a result of the aforesaid construction, and shall properly protect
all excavations made in the streets,_ both day and night so as
/ to avoid all damage or injury to person or property; and further,
�✓ shall properly fill and tamp said streets to avoid settling, and
shall restore said streets to their original"condition.
Yeas Councilmen Nays
Carlson
Dalglish
Holland
Meredith
Peterson
Tedesco
Mr. President (Byrne)
Attest:
Passed by the Council '-
Approved:
Tn Favor
Against
4
City Clerk ' M or -
-49w® Form approved Corporation Counsel By T&ILY
Original to City Cleric
r-.,-
ORDINANCE
COUNCIL FILE NO
PRESENTED BY ORDINANCE NO.—
Yeas
3.
229065
shall be a minimum of 15.5 feet in relation _to the surface of
the existing section of Como Avenue in said City. The overpass
shall be constructed so as to be used by the public only during the
period of time that the State Fair exposition takes place,
and at all other times the main span shall be removed and the
permanent structure suitably closed and barricaded by the said
permittee.
8. The said permittee shall notify the Chief
Engineer of the City of Saint Paul, ten days in advance of each and
every date on which the main span of the Pedestrian Overpass
is to be erected and of the 'date on which the main span is to
be removed.
9. The said permittee shall within ten,dags after
the passage of this ordinance, file a written acceptance thereof
with the City Clerk.
10. That, whenever the Council of the ,City of Saint
Paul by its resolution, shall determine the discontinuance and
removal of said Pedestrian Overpass necessary in the public thterest
and accordingly order the discontinuance and removal of the same
from said location, the said Pedestrian Overpass shall be
discontinued and removed from the subject public street area
which shall be restored by the permittee at the permitteets
sole cost and expense.
Section 3.
be in force 30 days
publication.
Councilmen
Carlson
Dalglish
7Holland
Meredith
Peterson
Tedesco
Nays
d
That this ordinance shall make effect and
from and after its passage, approval and
P1 By
JUN 291966
Passed by the Council
7 n Favor
C:5 Against
JUN 2 91966,
Appro d :
od'4-�- &k-o'
Mayor
MU4SHED JUL 2 1966
229065
f,3 Tv
2.
4. Said permittee, after the inception of said
work shall prosecute the same continuously with diligence, and
fully complete said work to the satisfaction and approval
of said City, on or before September 1,;1966.
5. Said permittee expressly agrees and undertakes
to fully indemnify and hold harmless the City of Saint Paul,
its agents, officers, and employees from any and all damages,
claims, demands, actions or causes of action of whatsoever
nature arising out of or by reason of the performance of the
work contemplated by this permission and authority, and by
reason of the continued presence and existence or removal of
said Pedestrian Overpass and all its appurtenances.
' "6 -_._ '"Said permittee shall not proceed to construct
said Pedestrian Overpass unless and until said permittee shall
have fully complied with the insurance and bonding providons
hereinafter contained; that said permittee shall furnish a
bond to the.,City of Saint Paul in the sum of $15,000.00 conditioned
to comply with all the terms of this ordinance and to indemnify,
save harmless and otherwise protect said City from all liability,
loss, judgments, suits,--costs, charges, and expense that may
accrue to persons or property occasioned by the making, construction,
operation, maintenance, continued. presence and existence or
removal of the aforesaid Pedestrian Overpass or arising out of
the same; further; said permittee shall provide public liability
and property damage insurance and shall protect the permittee
and the City of Saint Paul from all claims or damages for
personal injury, including accidental death, as well as claims for
property damage which may arise from the construction, use, operation,
maintenance, continued presence and existence or removal of said
Pedestrian Overpass across Como Avenue which public liability
insurance shall be in an amount not less than $50,000.00 per
person for injuries including accidental death, and subject to
the same limit for each person in an amount of not less than
$300,000.00 on account-of any single accident or incident, and property
damage•insurance in an amount not less than $50,000.00 for each
accident and an aggregate amount of not less than $300,000.00
which said policies of insurance or certificates relating there-
unto shall be filed with the Comptroller of the City of Saint Paul.
7. Said permit shall be granted herein on the condition
that the outside dimensions of said Pedestrian Overpass shall
be a maximum of 5.0 feet in width and a maximum of 7.5 feet
in height and, further, that. the vertical clearance of the same
July 5.,'1966
Mr. Johtt ,F�. Libby; .Sect'. -Gen. Mgr.
`
Minnesota State Fair
-
`_ State Agricultural. Society
St. Paul, Minnesota
`
Dear- Sir: =
'We eoclose a• copy of OrdinaVice, ;T_ 270, ing
permission to the
Minnesota. State Agricultural Soci� to, c rust,
maintain and ogc�r-mta
a pedestrian overpass across Como A ore fully
described in the
ordinance; also bill in the . of .3 to cover
the cost of public-
ation- of this ordinance.
;
` We call your special a ntion to P pha 6 and
9 of Section: 2
- which require the fill of a, -bond the amount
specified, insurance,-
and the filing of an ac fence of a terms of thin.
ordinance. These
meat- be filid .in this • o , $ , 'City _Hall,.
Vithin ten days.
If not -so fi c a void.
- very-truly
D
yours,.
City
bg
Clerk,"
L
r 4�" Saint-Paul, Minnesota_
July, 5, _1966-.' - T-
• ' j_ � ^ i a � .i t l �1 a I �^ , •_
-.+ To the Honorable the City Council
► * r _ i - F'` � - -y � ' - • , t -.
,
- . Saint Paul,. Minnesota
Gentlemen:
,We, the undersigned, -do hereby accept 'and -agree to abide by all the
terms and conditions of Council File No. 229065, being Ordinance
No. 13270, adopted by the City Council on June 29, 1966.
MINNESOTA STATE AGRICULTURAL SOCIETY
-
BY
-` Mai led JuIy•I I, 1966 _ L .
ISt �o -
2nd I
j Laid over to
Y 3rd and app Adopted X-7-
Yeas Nay Yeas Nays
6e44en — Carlson
Dalglish alglish
V Holland olland
V Meredith 2296.. eredith
Peterson eterson J
Tedesco Tedesco
Mr. President Byrne Mr. President Byrne