202917-
�,,, RESOLUTIONS 2D291
. ►..
6 ORIGINAL TO CITY CLERK
• - • CITY OF ST. p, ouhciPAFile No. 202917 — By Milton 0.
o3en=
- OFFICE OF THE CI City of °saint Paul has indicated ea dee
CO IL RESOLUTION— sira to dI alonj certain public sewers
ih' areas alon certain City streets to
facilitate deve opment of the Riverview
Industrial Park and has further indi-
PRESENTED BY catg�lts desire and willingness to pay
COMMISSIONS ' DAT61n
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 Riverview 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 Saint Paul; and
WHEREAS', the Port Authority has indicated that it is
desirous of and prepared to award a construction contract for
Phase I of the storm sewers in the Riverview Industrial Park
on Friday, June 30, 1961, and is desirous of securing an
immediate authorization from the City of Saint Paul to proceed
to award such contract and 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 the Port Authority of the City of
Saint Paul., its agents, servants and employees and the contractor
or contractors retained by it and their agents, servants and
employees to construct a public storm sewer on Alabama Street,
east from State Street to a point approximately 200 feet east
of Wyandotte Street and thence on property owned by the Chicago,
Rock Island and Pacific Railway Company and approximately
parallel to the main tract to St. Lawrence Street; thence on
Chester Street,, north from Alabama Street approximately 205
feet, said streets being located within the City of Saint Paul,
Minnesota; and be it
FURTHER RESOLVED, That the permission to construct the
aforesaid public storm sewer "shall be subject to the following -
terms and conditions:
COUNCILMEN
Yeas Nays
DeCourcy
Holland
Loss
Mortinson
Peterson
Rosen
Mr. President, Vavoulis
2
I
1. That the Port Authority of the City of Saint Paul
shall construct said storm sewer entirely at its own
expense under the supervision and to the satisfaction
Adopted by the Council 19—
Approved 19-
I
Tn Favor
Mayor
-- A gainst f
- 2,029 17
Page 2,
of the Commissioner of Public Works, in accordance
with the plans and specifications prepared by Tolz,
King,,-Duvall, Anderson and Associates, Inc. entitled
"Storm Sewer, Phase 1" sheets 1 through 4 of plans,
and the complementary or supplementary specifications
dated June 9, 1961, as amended as of June 15, 1961:
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 agree-
ment which will incorporate therein provisions to`
effectuate and carry out the terms, provisions, con-
ditions and intentions outlined in this resolution,
and)which will; also cover all phases of the intentions
-aria responsibilities of the respective parties in
_
the development.of that project commonly identified
as the Riverview Industrial Park.
4. That the Port.Authority, as a further condition
of this resolution and any companion permit ordinance,
agrees that the maintenance costs of said sewers
having an invert elevation of less tt 687 feet
above,mean sea level, 1912 adjustment, a apportioned
between the City of Saint Paul and the Port Authority
of the City of Saint Paul in accordance with the
formalized written agreement between the respective
parties relative to the overall Riverview 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 Paragrapher.
numbered 1.
r
t..
4 ••
J ORIGINAL TO CITY CLERK y 0 1
• - CITY OF ST. PAUL FILE
NO.
OFFICE OF THE CITY CLERK
COUNCIL RESOLUTION — GENERAL FORM
PRESENTED BY
COMMISSIONER DATE
Page 3.
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 trantees 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 protbct 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, maintenance or
use of sewers having 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 Riverview Industrial Park development.
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 of construction of the sewer herein authorized.
9. That the Port Authority of the City of Saint Paul shall,
by resolution adopted by it, accept the terms and condi-
tions of this resolution and file a copy of such acceptance
with the City Clerk of the City of gga��t .1 ul.
COUNCILMEN Adopted by tie JUL V 19
Yeas Nays
DeCourcy
Holland
Loss
A4e�aeeir--
Peterson
Rosen
Mr. President, Vavoulis
SM 6.60 2
In Favor
y Against
Approved 19—
PUBLISHED ` 0 —ILI
Mayor
ZoL? /7
PO R T A U T H O R I T Y
OF THE C I T Y OF S A I N T P A U L \60 E A S T F O U R T H S T R E E T
SAINT PAUL I, MINNESOTA - CAPITAL 6 -3483
July 21, 1961
Mrs. Agnes O'Connell
City Clerk
City of Saint Paul
City Hall and Court House
Saint Paul 2, Minnesota
Dear Mrs. O'Connell:
In accordance with the terms of Resolution No. 202917
adopted by the City Council of the City of Saint Paul
on July 7, 1961, the Port Authority of the City of
Saint Paul in their meeting of July 18, 1961 did un-
animously approve of the said Resolution No. 202917
by the adoption of Resolution No. 147, certified copy
of which is attached hereto, and which confirms that
certain matters are to be the subject of a formalized
written agreement to be entered into between the City
of Saint Paul and the Port Authority, which agreement
is to be prepared as soon as it can be conveniently
prepared.
PWF:js
Enclosure
PHILIP W. FITZPATRICK. President
RICHARD C. RADMAN, JR., Vice Pres.
ROBERT W JOHNSON, Secretary
PHILIP H. NASON, Treasurer
A. J. BRAND, Member
Very truly yours,
/ A
P. "A.' Fya'�t,Zpatrick
Consultant
DONALD D. WOZNIAK, Legislative Advisor
HAROLD W. SCHULTZ, Legislative Advisor
BERNARD T. HOLLAND, Commissioner
ROBERT F. PETERSON, Commissioner
LYLE E. KINVIG,
General Manager
FRANK E. CLAWSON,
Asst. General Manager
w
No. 147
July 18, 1961
PORT AUTHORITY OF THE CITY OF SAINT PAUL
RESOLUTION
DMEREAS, the City Council of the City of Saint Paul
did adopt a resolution July 7, 1961, number 202917, in which it
granted permission to the Port Authority of the City of Saint
Paul to construct at the cost of the authority a public storm
sewer on Alabama Street East from State Street to a point approxi-
mately 200 feet East of Wyandotte Street and thence on property
owned by the Chicago, Rock Island & Pacific Railway Company and
approximately parallel to the main track, to St. Lawrence Street;
thence on Chester Street, Forth from Alabama Street approximately
205 feet, said streets being located within the City of Saint
Paul, Minnesota; and
WHERMS, the City of Saint Paul did resolve that the
permission to construct the sewer be subject to certain terms
and conditions, and
WHEREAS, the City of Saint Paul requests that the Port
Authority.shall by resolution accept the terms and conditions of
its resolution,
THEREFORE, IT IS FMOLVED, that the Port Authority
does hereby accept the terms and conditions of this resolution,
noting that those parts of paragraphs 2, 4 and 7 of the terms
and conditions, ;herein it is stated that the maintenance costs
of said sewers having an'invert elevation of less than 687 feet
above mean sea level, 1912 adjustment may be apportioned between
the City of Saint Paul and the Port Authority and possible claims
resulting from the operation, maintenance or use of said sewers,
will be subject to the terms of a formalized written agreement
to be concluded between the respective parties relative to the
entire overall obligations of the parties in the Riverview
Industrial Park Development.
IT IS FURTHER RESOLVED, that in accepting the terms
and conditions of the City of Saint Paul's resolution, the Port
Authority does not necessarily agree with the conclusions arrived
at in paragraph 2 in said resolution that the overall maintenance
costs of these particular storm sewers having an invert elevation
of less than 687 feet above sea level, are expected to result
in greater maintenance costs than for an unsubmerged outlet.
Adopted July 18, 1961
C,
j+e��ti9 President, Port Author' y
ATTEST:
(SEAL)
'
S
e tary
(SEAL)