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219903Original .4o Grity Clerk r • ORDINANCE 219903 COUNCIL FILE NO. RESENTED BY ^ ORDINANCE NO. An Ordinance repealing Ordinance No. 5135 and authorizing the Great Northern Railway Company, A Minnesota Corporation, to remove two railway spur tracks across Galtier Street near the intersection of Larch Street (in the southeast quarter of the southeast quarter of Section 25, east of Galtier Street, in the City of Saint Paul, Minnesota. Permission and authority are further granted to construct, maintain, and operate three new railway spur tracks over and across Galtier Street,as hereinafter described. This is an emergency ordinance rendered necessary for the preservation of the public peace, health and safety. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1. That Ordinance No. 5135, approved August 6, 1919, is hereby repealed. Section 2. That permission and authority are hereby granted to the Great Northern Railway Company, a Minnesota Corporation, to remove two (2) spur tracks across Galtier Street near the intersection of Larch Street. That permission and authority are further granted to construct, maintain and operate three additional railway spur tracks over and across Galtier Street in such a manner that the center line of the respective tracks are described as fol],ows: Center line of spur track, extending across Galtier- Street beginning at a point distant 130 feet south, measured along the west line of said street, from the south line of Larch Street; thence northeasterly to a point distantr70,feet south, measured along the east line of said Galtier Street from said south line of Larch Street extended. Center line of spur track extending across said Galtier Street, beginning at a point distant 90 feet north, measured along the west line of said Galtier Street, from the north line of Sycamore Street; thence north- easterly to a point distant 115 feet measured along the east line of said Galtier Street. Center line of spur track, extended across said Galtier Street, beginning at a point distant 82 feet north, measured along the west line of said Galtier Street, from the north line of Sycamore Street; thence north- easterly to a point distant 105 feet north, measured along the east line of said Galtier Street. That the Commissioner is authorized to issue a permit to the Great Northern Railway Company upon its compliance with the following conditions: 1. That said_Railroad spur tracks shall be constructed by .1 -P DUPLICATE TO PRINTER i PRESENTED BY ORDINANCE COUNCIL FILE NO. ORDINANCE NO. 2.9903 An Ordinance repealing Ordinance No. 5135 and authorizing the Great Northern Railway Company, A Minnesota Corporation, to remove two railway spur tracks across Galtier Street near the intersection of Larch Street, in the sottheast quarter of the southeast quarter of Section 25, east of Galtier Street, in the City of Saint Paul, Minnesota. Permission and authority are further granted to construct, maintain, and operate three new railway spur tracks over and across Galtier Street.as hereinafter described. This is an emergency ordinance rendered necessary for the preservation of the public peace, health and safety. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1. That Ordinance No. 5135, approved August 6, 1919, is hereby repealed. Section 2. That permission and authority are hereby granted to the Great Northern Railway Company, A Minnesota Corporation, to remove two (2) spur tracks across Galtier Street near the intersection of Larch Street. That permission and authority are further granted to construct, maintain and operate three additional railway spur tracks over and across Galtier Street in such a manner that the center line of the respective tracks are described as follows: Center line of spur track, extending across Galtier Street beginning at a point distant 130 feet south, measured along the west line of said street, from the south line of Larch Street; thence northeasterly to a point distant 70 feet south, measured along the east line of said Galtier Street from said south line of Larch Street extended. Center line of spur track extending across said Galtier Street, beginning at a point distant 90 feet north, measured along the west line of said Galtier Street, from the north line of Sycamore Street; thence north- easterly to a point distant 3.15 feet measured along the east line of said Galtier Street. Center line of spur track, extended across said Galtier Street, beginning at a point distant 82 feet north, measured along the west line of said Galtier Street, from the north line of Sycamore Street; thence north- easterly to a point distant 105 feet north, measured along the east line of said Galtier Street. That the Commissioner is authorized to issue a permit to the Great Northern Railway Company upon its compliance with the following conditions: 1. That said Railroad spur tracks shall be constructed by Yeas Councilmen Nays Passed by the Coll" Dalglish Holland Loss Tn Favor Meredith Peterson Against Rosen Mr.President (Vavoulis) Approved: :est: City Clerk Mayor "2 Form approved Corporation Counsel By ,%_Y J 219903 Page 2. and at the expense of said permittee, Great Northern Rail- way Company, under the supervision and subject to the direction of the Commissioner of Public Works and in accordance with plans and specifications therefor furnished by and at the expense of said permittee and approved by said Commissioner. 2. That said permittee, its successors and assigns, shall be obligated to fully indemnify and hold harmless the City of Saint Paul and its City officers; agents, servants and employees from any and-all liability on account of any and all injuries to any person or persons, or any property or properties resultant from the exercise of said permit hereunder; and that said permittee, its' successors and assigns, shall, at all times after the construction and during the maintenance and operation of said railroad spur tracks hereunder, at its or their own cost and expense, by a policy or policies of casualty insurance to be issued by a competent corporate insurer authorized and licensed to transact business in the State of Minnesota, maintain and provide insurance coverage whereunder and whereby said City, its officers, agents, servants and employees, will be indemnifed by the insurer against all such liability on account of any injury or injuries to any person or persons, or property or properties arising from or connected with the exercise of said permit hereunder in the construction, main- tenance and /or operation of said railway spur tracks hereunder; such insurance coverage and indemnity shall be in accordance with the provisions regarding insurance and indemnification contained in the City of Saint Paul, Department of Public Works Specifications for Street and Sewer Construction, dated April 1, 1959, as amended, Section 1.44 and found on pages 1 -13 through 1 -17 of said Specifications numbered 1.44 shall read as though the word "permittee" were substituted for the word "contractor" wherever the same appears in the aforesaid Section 1.44. Said Section 1.44 of the Specifications for Street and Sewer Construction, as amended, 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 the provisions of the aforesaid Section 1.44 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 1.44 shall, after submission to the Corporation Counsel be filed in the office of the Comptroller of the City of Saint Paul. 3. Said permittee shall, within 30 days after the pass&ge of this ordinance, file a written acceptance thereof with the City Clerk. 4. That said permit shall be revocable by resolution of the Council of said City providing for such revocation and finding that the requirement therefor is deemed by said Council neces- sary; and that upon the adoption of said resolution and the service of the same by said City upon said'permittee, its successors or assigns, said permittee, its successors or assigns shall be obligated so to do and shall, in 90 days thereafter, at its or their own cost and expense, remove said railroad spur tracks from said Galtier Street and restore said street to its condition which existed in respect of the same immediately prior to the installation of said railroad spur tracks hereunder. I \r DUPLICATE Td PRINTER J PRESENTED BY— A Im ORDINANCE 19903 COUNCIL FILE NO. ORDINANCE NO Page 3. 5. That said permittee shall file a bond running to the City of Saint Paul, in the sum of $109000, conditioned to comply with all the terms of this ordinance, and to indemnify and save harmless said City from all liability, charges, loss, judgments, suits, costs or expense that may accrue to person or property, occasioned by the exercise of the permit hereunder. 6. That said permittee shall pay the cost of publication of this ordinance. T. That said permittee shall, within 30 days after the publication of this ordinance, file its written acceptance thereof with the City Clerk.., Section 3. This ordinance is hereby declared to be an emergency ordinance rendered necessary for the preservation of the public peace, health and safety. Section 4. This ordinance shall take effect and be in force upon its passage, approval and publication. eas Councilmen Nays Dalglish Holland Loss Meredith Peterson Rosen Mr.President (Vavoulis) City Clerk Form approved Corporation Counsel By SEP23 Passed by the Council Tn Favor A D'AiT1At SEP 23 10 Approved: Mayor n. �4 ICI 2.9903 Page 2. ' 2� V( and at the expense of said permittee, Great Northern Rail- way Company, under the supervision and subject to the direction of the Commissioner of Public Works and in accordance with plans and specifications therefor furnished by and at the expense of said permittee and approved by said Commissioner. 2. That said permittee, its successors and assigns, shall be obligated to fully indemnify and hold harmless the City of Saint Paul and its City officers; agents, servants and employees from any and all liability on account of any and . all injuries to any person or persons, or any property or properties resultant from the exercise of said permit hereunder; and that said permittee, its successors and assigns, shall, at all times after the construction and during the maintenance and operation of said railroad spur tracks hereunder, at its or their own cost and expense, by a policy or policies of casualty insurance to be issued by a competent corporate fn­ authorized and licensed to transact business in the State of Minnesota, maintain and provide insurance coverage whereunder and whereby said City, its officers, agents, servants and employees, will be indemnified by the insurer against all such liability on account of any injury or injuries to any person or persons, or property or properties arising from or connected with the exercise of said permit hereunder in the construction, main- tenance and /or operation of said railway spur tracks hereunder; such insurance 'coverage and indemnity shall be in accordance with the provisions regarding insurance and indemnification contained in the City of Saint Paul, Department of Public Works Specifications for Street and Sewer Construction, dated April 1, 1959, as amended, Section 1.44 and found on pages 1 -13 through 1 -17 of said Specifications numbered 1.44 shall read as though the word "permittee" were substituted for the word "contractor" wherever the same appears in the aforesaid Section 1.44. Said Section 1.44 of the Specifications for Street'and Sewer Construction, as amended, in the City of Saint Paul is hereby incorporated herein by reference as fully and as completely as if set forth hereiA.:verbatim. Proof of compliance with the provisions of the aforesaid Section 1.44 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 1.44 shall, after submisaibn to the Corporation Counsel be filed in the office of the C01MIptroller of the City of Saint Paul. ' 3. -,, Said. permittei- shalI,_within 30-day_s•' after ,the-- passege. -of this or'di&Lhce; file &`4ritten' acceptance•'tfiereof with the City Clerk. 4. That said permit shall be revocable by resolution of the Council of said City providing for such revocation and finding that the requirement therefor is deemed by said Council neces- sary; and that upon the adoption of said resolution and the service of the same by said City upon said permittee,• its successor's or assigns, said permittee,'its successors or assigns shall be obligated so to do and shall, in 90 days thereafter, at its or their own cost and expense, remove said railroad spur tracks from said Galtier Street and restore said street to its condition which existed in respect of the same immediately prior to the installation of said railroad spur tracks hereunder. 0 Original 0 City Cleric ^� ORDINANCE 219903 'RESENTED BY A im COUNCIL FILE NO. jd ORDINANCE NO. Page 3. 5. That said permittee shall file a bond running to the City of Saint Paul, in the sum of $109000, conditioned to comply with all the terms of this ordinance, and to indemnify and save harmless said City fxom,all,liability, charges, loss, judgments, suits, costs or expense that may accrue to person or property, occasioned by the exercise of the permit hereunder. 6. That said permittee shall pay the cost of publication of this ordinance. 7. That said permittee shall, within 30 days after the publication of this ordinance, file its written acceptance thereof with the City Clerk. Section 3. This ordinance is hereby declared to be an emergency ordinance rendered necessary for the preservation of the public peace, health and safety. Section 4. This ordinance shall take effect and be in force upon its passage, approval and publication. Yeas Councilmen Nays Dalglish Holland Loss Meredith Peterson Rosen Mr.Preside t (Vavoulis) test: City lerk "2 Form approved Corporation Counsel By Passed by the Council—' - SEP 2 3 1964 In Favor �+inst SEP 2 3 1964 I A . Saint Paul, Minnesota, Sept. 28, 1964. To the Honorable, the City Council., Saint Paul, Minn. Gentlemen: We, the undersigned, do hereby accept and agree to abide by all the terms and conditions of Council File No. 219903, being Ordinance No. 12805, adopted by the Council on Sept. 23, 1964. GREAT NORTHERN RAILWAY COMPANY By LIAnd and Tax CormilsSioner Ya '1 � e r R # • _ r i � i. . _ ' ., - ._ _- l . •gyp /)\ - = Sept. 2$ 1964. Mr. J. C Kenady, Land & Tax Committee; w - 175 E. 4th.. Street; St. Paul, 1,,-Minn, Ngar Sir We enclose a copy '.nan a o• 12805, granting you permi.s- on to remove two r tr a s _ across Galtier street - " near the inter. section - of roll 'Stre , • in southeast quari;er of the southeast quarter o �ec.25, eas of Gpltier- Street;' also bill: in the stun of $33.38 to over the co of publication'of this ordi- nance. , We spe ention to Paragraphs �2. 3 'and 5 - which requ he' filing of a board, insurance and 'an acceptance of _ the term o this orc�in ,e, -which must be fi ?ed in this office, b Room 386, C y HH11, wi. n'30 days. Xf not so fi.led, _ the ordinance becomes voi .` Very truly yours, hp - - _ City Clerk M. E. FREY I ASSISTANT COMMISSIONER ST. PAUL, MINN. 55101 R M. BOYD WESTERN COMMISSIONER SEATTLE, WASH. 98101 A. G. BELL LAND & TAX AGENT 311 FIRST NATIONAL BANK BLDG. HELENA, MONT. 59601 GREAT NORTHERN RAILWAY COMPANY Mr. Robert B. Gerber, Jr. City Clerk City of St. Paul St. Paul, Minnesota Dear Mr. Gerber: LAND EI TAX DEPARTMENT JAMES C. KENADY LAND 6 TAX COMMISSIONER ST. PAUL, MINN. 55101 November 13, 1964 File 373 -st. Paul 6�) �qo� J. R. SEVERSON GENERAL TAX AGENT H. D. HAYMAN GENERAL LAND AGENT B. J. STASSON GENERAL LEASE AGENT ST. PAUL, MINN. 55101 With our letter of October 23, 1964, we sent you our draft for $33.38 to cover the publication fees of Ordinance No. 12805 covering the construction of three additional railway spur tracks over and across Galtier Street in St. Paul. We are now pleased to enclose Seaboard Surety Company of New York bond in the amount of $10,000.00 as provided for in the ordinance. As soon as the liability insurance policy has been received, we will be glad to send it to you. Yours very truly, Land and Tax Commissioner Attach. , b I 1 GREAT NORTHERN RAILWAY COMPANY LAND & TAX DEPARTMENT JAMES C. KENADY LAND & TAX COMMISSIONER ST. PAUL, MINN. 55101 M. E. FREY ASSISTANT COMMISSIONER ST. PAUL, MINN. 55101 December 22, 1964 R M. BOYD WESTERN COMMISSIONER SEATTLE, WASH. 98101 A. G. BELL File 373 -St. Paul LAND & TAX AGENT 311 FIRST NATIONAL BANK BLDG. HELENA. MONT. 59601 Mr. Robert B. Gerber, Jr. City Clerk City of St. Paul St. Paul, Minnesota Dear Mr. Gerber; J. R. SEVERSON GENERAL TAX AGENT H. D. HAYMAN GENERAL LAND AGENT B. J. STASSON GENERAL LEASE AGENT ST. PAUL. MINN. 55101 With our letter of November 13, 1964, we sent you Seaboard Surety Company of New York bond in the amount of $10,000.00 as provided for in Ordinance No. 12805 covering the construction of three additional railway spur tracks over and across Galtier Street in St. Paul. We are pleased to enclose liability insurance policy No. E22- 2246 -54 issued by The Kenney Company, Inc., as provided for in the ordinance. We believe that all of the provisions of Ordinance No. 12805 have now been complied with. Attach. Yours very truly, dd�ZTax Commissioner 2nd I Laid over to 3rd and app. Adopted Yeas Nays Yeas Nays `atglish \Dalglish lolland olland Loss \ Loss U \ mewman- Peterson Peterson \Rosen 219903 Rosen Mr.�resident Vavoulis \Mr. President Vavoulis ORIGINAL-' TO PAYOR MONITIAZI7: FO moo 9-62 4!130u22 II CITY OF SAINT PAUL OFFICE OF THE COMPTROLLER RECEIPT N° 1867 Z) Ec, 3/ Igzv CI. -2 9 9 43 CITY COMPTROLLE BY loo GINAL PAYOR ED OF. / -.1 22 CITY OF SAINT PAUL OFFICE OF THE COMPTROLLER RECEIPT . N° CITY COMPTROLLER BY 1859 9,6-4 too