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223919I Or9nal to City Clerk % O DINANCE If COUNCIL FILE NO. PRESENTED BY ORDINANCE NO. AN ORDINANCE GRANTING PERMISSION TO THE MINNESOTA P STATE AGRICULTURAL SOCIETY TO CONSTRUCT, MAINTAIN AND OPERATE A PEDESTRIAN OVERPASS ACROSS COMO AVENUE, THE WEST LINE OF SAID OVERPASS TO BE APPROXIMATELY 150 FEET EAST OF THE WEST LINE OF PACKARD STREET. ' 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 west line of said overpass to be approximately 150 feet east of and parallel to the west line of Packard Street. 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 Pedes- trian Overpass upon its compliance with the following conditions, viz: 1. Said'permittee shall construct said Pedestrian Overpass entirely at its own expense, under the supervision and to the satisfaction of the Commissioner of Public Works, and said Pedestrian Overpass shall be constructed in accordance with all applicable orcll =,ntesof the City of Saint Paul, statutes of the State.of Minnesota,,and regulations of appropriate e public authorities. 2.. Said permittee shall, upon receipt of proper invoices therefor, fully reimburse the City of Saint Paul on account of all costs and expenses unnecessarily incurred for inspection and engineering services by the City of Saint Paul in the premises, and shall further reimburse said City for the publication of this ordinance t and all resolutions passed in relation hereunto: S. 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 s 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. 04 F a Cou�sal _ 4 Yeas Councilmen Nays Passed by the Council Dalglish Holland Loss Tn Favor Meredith Peterson A �g;nat Rosen Mr.President (Vavoulis) Approved: Attest: City Clerk -- - Mayor 'M &°a Form approved Corporation Counsel By r , r J t Page 2., 4. Said permittee, after the inception of said work prosecute the same continuously with diligence, fully complete said work to the satisfaction and of said City, on or before September 1, 1965. 223919 /30/x' shall and approval S. Said permittee expressly agrees and undertakes to fully .indemnify and hold harmless the City of Saint Paul, its agents, officers, and employees from any acid 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 provisions 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 perifiittee 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 $100,000.00 per person for injuries including accidenialdeath, and subject to the same limit for each person in an amount of not less than $200,000.00 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 $100,000.00, which said policies of insurance or - certificates relating thereunto shall be filed with the Comptroller of the City of Saint Paul. oX!tlnal to,City Clark y ORDINANCE . 223919 COUNCIL FILE NO. PRESENTED BY ORDINANCE NO. Page 3.: 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•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 within ten days after the passage of this ordinance, file a written acceptance thereof with the City Clerk. 9. 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 interest 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 permittee's sole cost and expense. Section 3. That this ordinance shall take effect and be in force 30 days from and after its passage, approval and publication. Yeas Councilmen Nays Dalglish .- HeHatrti'- _� Lass O Meredith Peterson $asee- Mr.President (Vavoulis) Attest: City Clerk 1 M 8.82 9 JUN 3 0 1965 ` Passed by the Council IS— Tn Favor Against iqffi Form approved Corporation Counsel By !+.? s, Saint Paul, Minnesota, suly 6, 1965- To the Honorable, the City Council Saint Paul, Minnesota. Gentlemen: r, We.- the undersigned, do hereby accept and agree to abide by all the terms and conditions of Council File No. 223919., being Ordinance No. 13015, adopted by the Council on June 30, 1965- MINNESOTA STATE AGRICULTURAL SOCIETY By - - - +?rte .'. ,:Y. , ♦ J". - ` C •T't" L'f • ` -nom u .v- ' - - _ • • ` ' �V .. _ - •,' • ., _ • _ -. l -. .. � _ - 6; .fitly -Mr: John 8. L#by j Be - `'M�nYleaotB St*te. ftir } State -Agrxcatral uSociety, u3 x 108: ' to - • - A •_ ' - _ - - - a_ Oct. 21, 1965. _ Bachman- Anderson, Inc., - Pioneer Building, r` St.. Paul, Munn. 55101. M 114 r -d -d C. Douglas, `. Vic esident. Gentlement . The enclosed b on ng rmit to the Minnesota) Agricultural Society ba een ret d to by the Corporation Counsel who reports tha it must ha a a- corporate acknowledgment ti for the principal, a co orate Beal r the principal, and two witnesses each for sure and print alt Very truly yours, City Clerk F -22 3 %/q �-� ACHMAN- t �r A NDERSON, Inc. INSURANCE PIONEER BUILDING - ;ST. PAUL, MINN. 58101 i LELAND C. DOUGLAS f VICE - PRESIDENT I', July 26, 1965 l { Mr. Bob Gerber City Clerk ; Court House St. Paul, Minnesota i RE: Council File 223919. 'Minnesota State Agricultural Society. • r Dear Bob: f 1 I believe that this ordinance has been approved and that the construction of the foot bridge has been or is nearly completed. The ordinance is unusual in it's bond requirements; therefore, a "taylor" made bond form must be prepared in'legal terms, and this is taking a little time a I did, however, send a binder to the attention of Mr. McNeil, corporation Council on June 10, which has indicated coverage for both Liability and Bond. Very truly yours, r 1 BACHMAN- ANDERSON, INC. Leland C. Douglas Vice President LCD:jmn r cc: Mr. Mike Heffron 1 Minnesota State Fair Grounds. t i e i 1 4 227 -8483 . 1, J } vq-ACHMAN-- f �►� NDERSON, In`c. f INSURANCE PIONEER BUILDING - 'ST. PAUL, MINN. 55101 - 227 -8483 - i LELAND C. DOUGLAS VICE - PRESIDENT July 30, 1965 t Mr. Bob Gerber City Clerk Court House t St. Paul, Minnesota RE: Council File 223919. Minnesota State Agricultural Society. i Dear Mr. Gerber: In accordance with the ordinance provisions, we are enclosing the Bond and Public Liability Policy. The obligee under.the ' Bond is the City of St. Paul and in the penal sum of $15,000.00. The Public Liability Policy names both the.Minnesota State Fair Board and City of St. Paul, and covers the construction of the bridge and will cover the existence hazard of the bridge until the first expiration date, which is June 10, 1966. At that time the policy will be renewed with the permission of the Fair Board. The limits of liability are in accordance with the ordinance. Very truly yours, BACHMAN- ANDERSON, INC. i Leland C. Douglas Vice President LCD:jmn # tncl: cc: Mr. Mike Heffron Minnesota State Fair Grounds IT L OFFICERS. MANAGERS FRED S. LAMMERS- STILLWATER ANTON C. GEIGER - JACKSON PRESIDENT D T. GRUSSENDORF- DULUTH ROBERT R. ANDREWS -MPLS. 1ST VICE PRESIDENT ALBIN JOHNSON - FERTILE NORRIS K. CARNES -ST. PAUL FRANK L. MITCHELL -CANBY 2ND VICE PRESIDENT JOHN E. LIBBY -ST. PAUL STAN MUCKLE- OWATONNA SECRETARY-GENERAL MANAGER LORING M. STAPLES - EXCELSIOR ROY C. SORENSON -MPLS. TREASURER BIRNEY C. WILKINS- BRAINERD AUGUST 28 THRU SEPTEMBER 6 ■ 1965 • l ■ STATE AGRICULTURAL SOCIETY ■ ST. PAUL, MINNESOTA 55108 ■ 645.2781 ■ AREA CODE 612 July 95, 9965 iT k Robert B. Gerber, Jr. i City Clerk City of St. Paul Bureau of Records 386 City Hall St. Paul, Minnesota 55902 Dear Bob: Enclosed is a letter of acceptance on Council File #223999 as per your instructions. A binder of insurance and bond for this project has been filed with the Corporation Council. I Thank you for your help. Sincerely, Michael D. Heffron Asst Secretary General Manager ORIGIKAL TO PAYOR RECEIVED OF- FO zoo 5.67 +22 CITY OF SAINT PAUL OFFICE OF THE COMPTROLLER RECEIPT N° 1893 CITY COMPTROLLER BY A' , 100 ORIGINAL CITY OF TAINT PAUL TO PAYPq OFFICE OF THE COMPTROLLER RECEIPT N? 2058 19 �J 100 RECEIVED OF _ FOR e _ r %Zo- o? a 3 yVy 56O 3 -65 OW22 � 3G-- /,,g J- CITY COMPTROLLER BY 2nd Laid over to 3rd and app opted Yeas Nays Yeas Nays alglish E Dalglish V ' Loss } Loss eredith 223919 Meredith \ Peterson Peterson Rosen y �ese+r- Mr. President Vavoulis r. President Vavoulis