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212564ORIGINAL TO CITY CLERK CO PRESENTED COMMISSI CITY OF ST. PAt1L FILE NO NO. � OFFICE OF THE CITY CLERK r, RESOLUTION— GENERAL FORM . 1�� n File No. 212564 —By Milton • p­reas, The Port Authority of thie� ' 1 ` Saint Paul has indicated a } DATE .o construct certain public sev.lh I ;areas alone ertain City stre -Y F tate devr•,k ,:Vaf the RJI Whereas, "the Port Authority of the City of Saint Paul has indicated a desire to construct certain public sewers in areas along certain City streets to facilitate development of the River- view Industrial Park and has further indicated Its desire and willingness to pay for the cost of such public sewers if permitted to connect such sewers to the public storm sewers of the City of Spint Paul; and Whereas, the Port. Authority has awarded a construction con -tract for building the Sanitary and Storm Sewer Construction in Riverview Industrial Park, Area I, and is desirous of securing an immediate authorization from the City of Saint Paul to have the contractor to whom the contract is awarded proceed immediately with the construction of such sewers; now, therefore, be it , Resolved, that the Council of the City of Saint Paul'hereby grants permission to ptic Port Authority of the City of Saint Paul, its agents, servants and employees and the contractor or contractors retain y T an their agents, servants and employees to construct a public storm sewer in an easement (to be deeded) across Block 13, Brooklynd Addition from Alabama Street to E. Frontage Road; in E. Frontage Road (proposed) from Nagasaki Road''to- P- lato-Street (proposed); in Plato Street (proposed) from E. Frontage Road (proposed) to W. Frontage Road (proposed); in Nagasaki Road from E;. Frontage Road (proposed) to W. Frontage Road (proposed); also, construct sanitary sewers in E. Frontage Road (proposed) from Nagasaki Road to Plato Street (proposed); in W. Frontage Road (proposed) from Nagasaki Road to Plato Street (proposed); and, in Plato Street (proposed) from E. Frontage Road (proposed) to W. Frontage Road (proposed), said streets being located within the City of Saint Paul, Minnesota; and'be it Further public storm tions: COUNCILMEN Yeas Nays Dalghsh Holland Loss Mortinson Peterson Rosen Mr. President, Vavoulis 10111 8-82 Resolved, that the permission to construct the aforesaid sewer shall be subject to the following terms and condi- Tn Favor Against Adopted by the Council 19— Approved 19— Mayor ORIGINAL TO CITY CLERK 1 J c CITY OF ST. PAUL COUNCIL NO. � 4 t� OFFICE OF THE CITY CLERK FILE COUNCIL RESOLUTION - GENERAL FORM PRESENTED BY COMMISSIONER DATE &4! 1. That the Port Authority of the City of Saint Paul shall con- struct said storm sewer entirely at its own expense under the supervision and to the satisfaction of the Commissioner of Public Works, in accordance with plans and specifications pre- pared by Toiiz, King, Duvall, Anderson and Associates,-_p, Inc. entitled "Sanitary and Storm Sewer Construction in Riverview Industrial Park, Area I" sheets 401 through 411 ofPlans, and the complementary or supplementary specifications dated'March 5, 1963, as amended by Addendum No. 1 and No. 2, dated April 17, 1963; also plan sheet 405 as modified. 2. That upon completion of said storm sewer work to the satisfaction of the Commissioner of Public Works, the City shall make final acceptance thereof and after the date of final acceptance, the City shall maintain, at the City's own expense, all storm sewers so constructed with the exception of sewers having an invert elevation of less than 687 feet above Mean Sea Level Datum, ,1912 adjustment, said sewers being planned so as to connect to a future submerged storm sewer outlet to the Mississippi River, which arrangement is expected to result in greater maintenance costs than for an unsubmerged outlet. 3. That it is contemplated in connection with the permission hereby granted by the City of Saint Paul that the City and the Port Authority of the City of Saint Paul will enter into a formalized written agreement which will incorporate therein provisions, to effectuate and carry out the terms, provisions, conditions,'and intentions outlined in this resolution, and which will also cover all phases of the intentions and responsibilities of the respective parties in the development of that project commonly identified as the Riverview Industrial Park. COUNCILMEN Adopted by the Council 19— Yeas Nays ' Dalglish Holland Approved 19— Loss In Favor Mortinson Peterson Mayor Against Rosen i Mr. President, Vavoulis loci 6-62 ORIGINAL TO CITY CLERK PRESENTED BY COMMISSION J CITY OF ST. PAUL OFFICE OF THE CITY CLERK COUNCIL RESOLUTION- GENERAL FORM -3t" FILENCIL N� ti., /.eLl � 4: That the Port Authority, as a further condition of this resolu- tion and any companion permit ordinance, agrees that the mainten- ance costs of said sewers having an invert elevation of less than 687 feet above mean sea level, 1912 adjustment, may be apportion- ed between the City of Saint Paul and the Port Authority of the City of Saint Paul in accordance with the formalized written agree- ment between the respective parties relative to the overall River- view Industrial Park development. 5. That the project permitted hereby shall be completed in accordance with the schedule of completion dates under the specifications referred to in Paragraph numbered 1. 6. That the Port Authority of the City of Saint Paul agrees that it will, at its own cost, procure such easements as may be necessary from private parties to complete the project contemplated here- under and as to such easements shall have the City of Saint Paul and the Port Authority of the City of Saint Paul named as grantees therein and will secure sufficient area in connection with any such easements required so as to adequately insure the City and its forces the necessary space to maintain, operate or reconstruct such sewer or sewers as the City may deem necessary. 7. That the Port Authority agrees to protect and save harmless the City of Saint Paul from all claims, causes of,actions or actions arising out of or by virtue of the construction, operation, mainten- ance or use of sewers hav-i'ng an invert elevation of less than 687 feet above Mean Sea Level Datum, 1912 adjustment, and agrees to save harmless and defend the City against any such claims, causes of actions or actions arising out of or by virtue of the operation, maintenance, reconstruction or use of such sewers. This provision to remain in effect unless and until modified or eliminated in the contemplated formalized written agreement between the respective parties .pertaining to the overall Rivervidw Industrial Park development. COUNCILMEN Yeas Nays Dalglish Holland Loss Mortinson Peterson Rosen Mr. President, Vavoulis 10Af 8-82 Adopted by the Council 19— Approved 19 Tn Favor, Against ' l 9 -z .w• T.; Mayor 1 1 ORIGINAL TO CITY CLERK q(54;4 � CITY OF ST. PAUL COUNCIL NO. OFFICE OF THE CITY CLERK COUNCIL RESOLUTION - GENERAL FORM PRESENTED BY COMMISSIONER DATE ' i i -4" E I 1 f 8. That the Port Authority agrees that it will save harmless and defend the City of Saint Paul against all claims, causes of actions or actions arising out of or by virtue oficonstruction of the sewer herein authorized. y 9. That the Port Authority of the City of Saint Paul shall, by resolution adopted by it, accept the terms and conditions of this resolution and file a copy of such acceptance with the City Clerk of the City of Saint Paul. COUNCILMEN Yeas Nays Dalglish Loss Mortinson Peterson Rosen Mr. President, Vavoulis 10M 8-82 I1 In Favor Against Adopted by the Council 19— Approved 19 Mayor 1 S 4 i s i s 1 4 , 1 f f a I i 1 f