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205236rinal to City Clerk - •� ORDIN ESENTED BY ttest: Council File No. 205236— Ordinance No. 12123 —By Milton Rosen — An Ordinance granting permission to the Minnesota Transfer Railway Com- pany to install rail posts along the South side of Charles Street from Vandalia to Hampden Avenue. This is 10. an emergency ordinance rendered ne- cessary for the public peace, health and safety. An Ordinance granting permission to the Minnesota Transfer Railway Company to install rail posts along the South side of Charles Street from Vandalia to Hampden Avenue. This is Ian emergency ordinance rendered necessary for the public peace, health and safety. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: r SECTION I That permission and authority are hereby.granted to sota Transfer Railway Company to install rail posts alon South side of Charles Street from Vandalia to Hampden Av in order to prevent trucks parking so close to the track this location as to interfere with the switching of rail cars and the operation of railroad trains. SECTION II The Commissioner of Public Works is hereby authoriz( issue ,a permit to the Minnesota Transfer Railway Company install rail posts in the location above described, upon permittee's compliance with the following conditions, vi; J W N z D 0 o: o: 0 1. Said rail posts to extend from the surface of the ground to a height of approximately three feet above the top of the rail and to be located so that the inside face of said posts shall be 8.6 feet from the line of the existing track and spaced approximately 15 feet from center of rail post to center of,rail post. The rail posts shall be paint( white, shall be reflectorized, and shall be construc and installed under the supervision and to the satifl faction of the Commissioner of Public Works, and in accordance with plans and specifications submitted to and approved by the Commissioner of Public Works. 2. Said permittee shall pay ing and inspection of said work, tion of this ordinance. e- the ue at id to. to said d ted the cost of engineer - and for the publica- 3. Said permittee shall properly protect all excavations made in the streets both day and night so as to avoid all damage or injury to persons or property; shall properly fill and tamp said streets avoid setting, and shall restore said streets to thi original condition. to :ir 4. Said permittee expressly agrees and undertakes to fully indemnify and hold harmless the City of Saint Councilmen Nays DeCourcy Holland Loss Mortinson Peterson Rosen Mr. President (Vavoulis) City Clerk 11-61 X 2 2 Passed by the Approved: Mayor Favor Oririnal to City Clerk X PRESENTED BY ORDINANCE COUNCIL FILE ORDINANCE N 205236 Paul, its agents, officers, and employees from any and all damages, claims, losses, judgments, suits or expense arising out of or occasioned by the performance of the work contemplated by this permission and authorityl. b. Said permittee shall not proceed unless an til said permittee shall have fully complied with t provisions regarding insurance and indemnific ationl tained in the City of Saint Paul Department of Publ Works Specifications for Street and Sewer Construct dated April 1, 1959, Section 1.44 and found-on page 1 -13 through 1 -17 of said Specifications applicable contractors. For the purposes of this ordinance, 1 aforesaid section of said Specifications 1.44 shall be read as though the word "permittee" were substit' for the word "contractor" wherever the same appears the aforesaid Section 1.44. Said Section 1.44 of t Specifications for Street and Sewer Const ynction ink Ci City of Saint Paul is hereby incorporated herein by reference as fully and as completely as if set fort herein verbatim. Proof of compliance with the prov sions of the aforesaid Section 1.44 shall be in sue form as the Corporation Counsel of the City of Sain Paul may direct, and the documents required by the aforesaid Section 1.44 shall; after submission to t Corporation Counsel, be'filed in the office of the troller of the City of Saint Paul. 6. Said permittee shall furnish a bond to the City of Saint Paul in the sum of $10,000 conditione to comply-with all the terms of this ordinance and indemnify and save harmless said City from all liab loss, Judgments, suits, costs, charges, and expense that may accrue to persons or property occasioned b the making of the improvement or arising out of the same, - 7. Said permittee shall-`, within 10 days after the passage of this ordinance, file a written accep ance thereof with the City Clerk. SECTION III d un- con- ic ion s to This ordinance is hereby declared to be an emergency ordinance rendered necessary for the preservation of the public peace, health and safety. SECTION IV ted in the omp- This ordinance shall take effect and be in force upon its passage, approval and publication. JAN Yeas Councilmen Nays Passed by the Council DeCourcy Holland 7 Loss 7-In Mortinson Peterson C) Al Rosen Mr. President (Vavoulis) JAN 1 Approv Attest ' .lift City Clerk Mayor 1M 11-j X22 MI) It gus�s ty, 1_ ,969 —11g�oc�_ i .E DaDllcate.to Printer - J ,iPRESENTED BY 1` .'1 .F _F ORDINANCE COUNCIL FILE NO 205236 ORDINANCE NOI ' , An Ordinance granting permission to the Minnesota Transfer Railway Company to install rail posts along the South side of Charles Street from Vandalia to Hampden Avenue. This is an emergency ordinance rendered necessary for the public ppaoe, health and safety. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: SECTION I That permission and authority are hereby granted tR Minne- sota Transfer Railway Company to install rail posts along the South side of Charles Street from Vandalia to Hampden Avenue in order to prevent trucks parking so close to the tracks at this location as to interfere with the switching of railroad cars and the operation of railroad trains. SECTION II The Commissioner of Public Works is hereby authorized to issue a permit to the Minnesota Transfer Railway Company 1to Install rail posts in the location above described, upon said permittee's compliance with the following conditions, vi : 1. Said rail posts to extend from the surface of the ground to a height of approximately three feet above the top of the rail and to be located so that the inside face of said posts shall be 8.6 feet from the line of the existing track and spaced' approximately 15 feet from center of rail post to center of rail post. The rail posts shall be paints white, shall be refleetorized, and shall be construe and installed under the supervision and to the satle faction of the Commissioner of Public Works, and in accordance with plans and specifications submitted to and approved by the Commissioner of Public Works. ted 2. Said permittee shall pay the cost of engineer- ; ing and inspection .of said work, and for the publica- tion of this ordinance. i" ,F 3. Said permittee shall properly protect all excavations made in the streets both day and night so as to avoid all damage or injury to persons or L property; shall properly fill and tamp said streets do avoid setting, and shall restore said streets to the r Ik original condition. 4. Said permittee expressly y agrees and undertakes to fully indemnify and hold harmless the City of Saint Yeas Councilmen Nays DeCourcy Holland Loss Mortinson Peterson Rosen ;6 Mr. President (Vavoulis) Attest: �F City Clerk IM i*oi ° 22 Passed by the Approved: 1`, IN Mayor Duplicate 10 Printer PRESENTED BY �4 .r 0. I '.k I Ci ORDINANCE COUNCIL FILE NO. ORDINANCE NO t I - - 2�-'3 Paul, its agents, officers, and employees from any', and all damages, claims, losses, judgments, suits or e�tpense arising out of or occasioned by the porforman.ce ofi the work contemplated by this permission and authority b. Said permittee shall not proceed unless d un- til said permittee shall have fully complied with he provisions regarding insurance and indemnificationtoon- tained in the City of .Saint Paul Department of Pubic Works Specifications for Street and Sewer Construction dated April 1, 1959, Section 1.44 and found on pages 1 -13 through 1 -17 of said Specifications applioabla to contractors.. For the purposes of this ordinance, toe aforesaid section of said Specifications 1.44 shall be read as though the word "permittee" were substi ted for the Word "contractor" wherever the same appears"in the aforesaid Section 1.44. Said Section 1.44 of the Speeifteations for Street and Sewer ConstWotion in;the City of Saint Paul is hereby incorporated herein byl reference as fully and as completely as if set fort herein verbatim. Proof of compliance with the provZ sions 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 Comp- troller of the City of Saint Paul. 6. Said permittee shall furnish a bond to the City of Saint Paul in the sum of $10,000 conditioned to comply with all the terms of this ordinance and t indemnify and save harmless said City from all liabi ity,, loss, judgments, suita, costs, charges, and expense that may accrue to persons or property occasioned by the making of the improvement or arising out of the same. 1 7. Said permittee shall, within 10• days after the passage of this ordinance, file a written accept -' anee thereof with the City Clerk. SECTION III This ordinance is hereby declared to be an emergency ordinance rendered necessary for the preservation of the public peace, health and safety. SECTION IV This ordinance shall take effect and be in force upon its passage,, approval and publication. JAN Yeas Councilmen Nays DeCourcy ? Holland Loss Mortinson Peterson ` Rosen Mr. President (Vavoulis) Attest City Clerk 1M Passed by the Council Tn ] d Ag, j A Approved: Mayor 1962 f i i 1 To the Honorable, the City Council, Saint Paul, Minnesota, Jan. 8, 1962. Saint Paul, Minnesota. Gentlemen and Madam: We, the undersigned, do hereby accept and agree to abide by all the terms and conditions of Council File No. 205236, being Ordinance No. 12123, adopted by the Council on January 4, 1962. MINNESOTA TRANSFER RAILWAY CO Vice President & Gen'l. Manager Chief Engineer Su erinteIdent .r • THE MINNESOTA TRANSFER RAILWAY COMPANY ACCOUNTING DEPARTMENT F. J. RANGITSCH COMPTROLLER E. J. PRESCOTT ASSISTANT AUDITOR AND ASSISTANT TREASURER Mrs. Agnes H. O'Connell City Clerk Bureau of Records 386 City Hall and Court House St. Paul 2, Minnesota Dear Madam: ST. PAUL 1. MINN. January 1�, 1962 IN YOUR REPLY REFER TO FILE NO. Referring to your letter of January 8, 1962 with whi you enclosed copy of Ordinance No. 12123, granting this company permission to install rail posts along the south side of Charles Street from Vandalia to Hampden Avenue; also bill in the sum of $20.44 to cover the cost of publication of this ordinance. Attached hereto is our voucher No. M- 12368 -61 to which is attached your Registered Bill 9 -90 for the sum of $20.44; als7 attached is bond issued by the Seaboard Surety Company of New York for the sum of $10,000, fully executed as far as this company is concerned; and letter of acceptance by this company dated January 8, 1962 of all the terms and conditions of Council File No. 205236, being Ordinance No. 12123, adopted by the Council on January 4, 1962. Very truly yours, FJR :at encl. Co troller A9 21311031awoJ AID ® os-i 002 el d 001 �r,�,� do 43AI3:)3a V E131,10M.LdW00 3H1 -40 301.440 aOAVd Ol -inva tNrrs do "o -ivwioiaO ISL Laid over to- 3rd and app / °Z Adopted/ Yeas Nays Yeas Nays j2LCnnrcf — DeCourcy Holland Holland Loss \ v Loss .�ostinsen ` �J Mortinson Peterson Peterson Rosen Rosen Mr p *p =�dent�o� Mr. President Vavoulis a 205236